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

You are hereby notified a meeting of the City Council of the City of Sioux City, Iowa, will be held Monday, November 18, 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 Planning and Zoning Commission/Board of Adjustment: Michael Bayala.

CONSENT AGENDA

Items 3 through 14H 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 October 30 and November 4, 2019. (JOINT, REGULAR)

4. EFPPC - Motion accepting and approving the Effective Fiscal and Public Policy Committee FY 2019 Annual Report.

5. TIF REPORT - Resolution approving the Tax Increment Finance Annual Certification of Compliance and Urban Renewal Report for Fiscal Year 2019.

6. SUDAS - Resolution adopting the 2020 Sioux City Supplement to the Statewide Standard Specifications Manual and the 2020 Sioux City Supplement to the Design Manual of the Io- wa Statewide Urban Design and Specifications (SUDAS).

7. SAFE - Resolution authorizing Sioux City Fire Rescue to submit a grant application to Firehouse Subs in the amount of $3,041.75 for the purposes of purchasing 250 smoke alarms for use in the SAFE Home Program.

8. FIBERCOMM - Resolution granting a permit to FiberComm, LC to own, operate and main- tain underground cable commencing at the northeast corner of West 19th Street and Gene- va Street, extending north for 315’ to the southeast corner of West 20th Street and Street, extending east for 165’ and ending at 1901-39 Hamilton Boulevard.

9. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS

A. L & L BUILDERS - Resolution approving Change Request No. 17 REVISED to the con- tract with L & L Builders Co. of Sioux City, Iowa in an amount not to exceed $17,026 for labor and material to address electrical adds in connection with the Sioux City Convention Center Renovation Project. (Project No. 6940-663-239)

B. STARCOMM - Resolution approving a First Amendment to the Public Service Radio System Governance Agreement with Woodbury County, Iowa; Dakota County, Ne- braska; Union County, South Dakota; South Sioux City, Nebraska, Sergeant Bluff, Io- wa; and North Sioux City, South Dakota relating to modifications pertaining to the Ex- ecutive Board, Meetings, Cost Sharing Agreement, Description of Public Service Radio System, Ownership of Property and Miscellaneous matters.

C. KP CONSTRUCTION - Resolution awarding and approving a contract to KP Construc- tion, Inc. in the amount of $49,570 for the 10th Street and Irene Street Paving Project. (Project No. 7070-519-127)

D. SC ENGINEERING - Resolution approving a contract with Sioux City Engineering Co. in the amount of $38,975 for the Emergency Andrew Avenue Sanitary Sewer Repair Project. (Project No. 7088-539-103)

E. JEO CONSTRUCTION - Resolution approving Amendment No. 1 to the Consulting Services Agreement with JEO Consulting Group, Inc. for additional construction ser- vices in connection with the Rose Hill Alley, Inlet, Sidewalk and Curb Ramp Project (Project No. 6930A-719-229) in an amount not to exceed $10,111.

10. ACTIONS RELATING TO PERSONNEL

A. UTILITIES - Resolution amending the Position Classification Manual adopted by Reso- lution No. 91/T-9972 by approving and adopting an updated job description for a Pro- fessional, Administrative, Technical, Supervisory, Executive and Council-appointed employee position. (Utilities Director, Class Code 6712)

B. ENVIRONMENTAL SERVICES - Resolution amending the Position Classification Manu- al adopted by Resolution No. 91/T-9972 by renaming the position, title and job description of Environmental Services Manager, Class Code 6678, to Environmental Services Pro- gram and Development Manager, Class Code 6678; approving and adopting an updated job description for said Environmental Services Program and Development Manager Po- sition, amending the salary schedule and authorizing said position in the Utilities Depart- ment and Public Works Department.

C. FIRE FIGHTERS - Resolution approving a Contract and Salary Schedule with the Sioux City Professional Fire Fighters Association, Local 7, International Association of Fire Fighters for the period beginning July 1, 2020 and ending June 30, 2023.

11. ACTIONS AUTHORIZING THE ISSUANCE OF CHECKS

A. CERTIFIED TESTING - Resolution approving payment to Certified Testing Services, Inc. of Sioux City, Iowa in the amount of $476 for final observation, labor, and material for test- ing and inspection services in connection with the Convention Center Parking Deck Pro- ject. (Project No. 6936-663-239)

B. KP CONSTRUCTION - Resolution accepting the work, and authorizing final payment to KP Construction, Inc. for the Martin Building Areaway Improvements Project. (Project No. 6823-663-040)

12. TOTAL PAYMENTS - Approve total payments issued for the reporting period of October 2019, in the amount of $17,618,089.71 and fund transfers for the reporting period of Octo- ber 2019.

13. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES 1. CLASS B LIQUOR LICENSE (/; liquor/wine/beer/wine coolers/carry-out) a. Courtyard by Marriott Hotel & Conference Center, 801-901 4th Street (New) 2. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) a. Minerva’s of Sioux City, 2945 Hamilton Boulevard (Renewal) b. RNavarrete’s Mexican Food, 2421 Riverside Boulevard (Renewal) c. Townhouse Pizza & Lounge, 2701 Floyd Boulevard (Renewal)

B. OFF PREMISE SALES 1. CLASS B WINE PERMIT (wine only) a. Central Mart I, 2501 Floyd Boulevard (Renewal) 2. CLASS C BEER PERMIT (beer/wine coolers) a. Central Mart, 1203 Tri View Avenue (Renewal) b. Central Mart I, 2501 Floyd Boulevard (Renewal) c. Sarg’s Mini Mart, 2329 West 2nd Street (Renewal) 3. CLASS E LIQUOR LICENSE (liquor only) a. Central Mart, 1203 Tri View Avenue (Renewal) b. Central Mart I, 2501 Floyd Boulevard (Renewal)

14. BOARD, COMMISSION, AND COMMITTEE MINUTES

A. Art Center Board of Trustees – October 17, 2019 B. Board of Adjustment – September 24, 2019 C. Civil Service Commission – October 22, 2019 D. Effective Fiscal and Public Policy Committee – June 12, 2019 E. Historic Preservation Commission – September 3 and October 1, 2019 F. Human Rights Commission – August 1, September 5, and October 3, 2019 G. Library Board of Trustees – October 23, 2019 H. Museum Board of Trustees – October 11, 2019

- End of Consent Agenda -

RECOMMENDATIONS OF PLANNING AND ZONING

15. Ordinance rezoning 5607½ Sunnybrook Drive from Zone Classification GC (General Commercial) to Zone Classification MU (Mixed Use). (Petitioner: Eagle Construction Inc.) The Planning and Zoning Commission recommends approval of this item. (File No. 2019- 0076) (First Consideration approved November 4, 2019)

HEARINGS

16. Hearing and Resolution determining an area of the City to be a blighted area and economic development area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safe- ty or welfare of the residents of the City; designating such area as appropriate for an urban renewal project; and adopting Amendment No. 1 to the Amended and Restated Combined Central Sioux City -CBD Urban Renewal Plan for the Combined Central Sioux City -CBD Urban Renewal Area. (Development of a new building in the Historic 4th Street District; Re- development of an existing building in the Historic 4th Street District, and the acquisition of an existing historic building in the Central Business District)

ORDINANCES

17. Ordinance amending Chapter 7.01 entitled “Definitions and Penalties”, Chapter 7.02 enti- tled “Licensing of Dogs and Cats”, and Chapter 7.03 entitled “Animal Control,” to revise def- initions, revise administrative procedures, increase licensing amounts of unneutered ani- mals, and establish scheduled fines related to violations of the animal code. (First Consid- eration approved November 4, 2019)

DISCUSSION

18. Resolution authorizing and approving an Intergovernmental Transfer of Public Funds Agreement with the Iowa Department of Human Services for the purposes of securing ground emergency medical transport (GEMT) funding.

19. CITIZEN CONCERNS

20. COUNCIL CONCERNS

21. ADJOURNMENT

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

The City of Sioux City does not discriminate on the basis of 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 Act of 1990.

x Regular Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 18, 2019 ACTION ITEM # 2 Lisa L. McCardle, City Clerk FROM: Heidi Farrens, Deputy City Clerk

Interview for the Planning and Zoning Commission/Board of Adjustment: SUBJECT: Michael Bayala.

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 a vacant position on the Planning and Zoning Commission/Board of Adjustment.

DISCUSSION: Planning and Zoning Commission/Board of Adjustment – there is one position vacant as of October 18, 2019.

Michael Bayala is currently serving the following term on the Effective Fiscal and Public Policy Committee: Partial Term - 08/04/14 - 12/31/16 1st Term - 04/17/17 - 12/31/19

Below is a portion of the Vacancy Report pertinent to Planning and Zoning Commis- sion/Board of Adjustment:

Planning and Zoning Commission / Board of Adjustment **Planning and Zoning/BOA must be Gender Balanced** 1 Vacancy: NAME Vacancy Information EXPIRES Eric Coleman Resign Eff. 10/18/19 06/30/24

7 Members: NAME TERM (5 Year) APPOINTMENT EXPIRES (3 women/4 Suzan Stewart 2nd 07/06/15 06/30/20 men) Michelle Bostine- 1st 07/18/16 06/30/21 los David S. Silver- 1st 06/26/17 06/30/22 berg Jason Geary 2nd 07/16/18 06/30/23 Ryan Ross 1st 07/16/18 06/30/23 Cindy O’Neill 1st 08/19/19 06/30/24 Eric Coleman 1st 08/19/19 06/30/24

Application Re- 2 Applications: NAME ceived Interview date/Notes App Expires Kerry Fladung 06/29/18 07/09/18; 07/01/19 12/29/19 Michael Bayala 10/24/19 11/18/19 04/24/21

FINANCIAL IMPACT: None.

RELATIONSHIP TO STRATEGIC PLAN: Interviewing and appointing citizens to various Boards, Commissions, and Committees shows our effort to incorporate citizen input in Municipal Government. Relates to Progressive Leadership Vision - We will use formal and informal methods to en- gage the Council, our employees, and our customers to promote enhanced organizational 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

WILBUR AALFS LIBRARY SIOUX CITY, IOWA OCTOBER 30, 2019

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

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

Staff members present included: Robert Padmore, City Manager; Nicole M. DuBois, City Attor- ney; Lisa McCardle, City Clerk; Helen Rigdon, Library Director; Angela Beeck, Office and Facili- ties Supervisor; Jen Delperdang, Branch Supervisor; Marla Kerr, Administrative Librarian; Jodi Klocke, Communication Specialist; Adrienne Dunn, Administrative Librarian; and Kelsey Patter- son, Librarian.

Members of the Library Board of Trustees present included: Bill McKenny, Genevieve Radosti, Heidi Reinking, Hope Schaefer, Todd Stanley, and Jane Vereen.

Rigdon presented the Director's Report starting with a short video of the Morningside Branch Library renovations completed in June 2019 and commemorated with a ribbon-cutting ceremony on June 14th.

Rigdon reported handicap-accessible doors were installed at the Perry Creek Branch Library.

Rigdon provided information on the FY 2019 Annual Report stating they have expanded their partnership with KWIT by adding a podcast to engage users.

Rigdon presented information on the addition of 7 wireless access points at the downtown branch to enhance the service; wireless usage increased by 75% over the past year.

Group discussion included issues affecting the number of calls for Police assis- tance over the past year; additional Wi-Fi services; the importance and number of volunteers serving the library; membership needs; and replacing the 19-year-old steam boiler heating sys- tem in the main branch.

ADJOURNMENT

There being no further business, the meeting was adjourned at 12:42 p.m., on motion by Scott, seconded by Moore; all voting aye.

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

CITY COUNCIL CHAMBERS SIOUX CITY, IOWA NOVEMBER 4, 2019

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

Staff members present included: Robert Padmore, City Manager; Nicole M. DuBois, City Attor- ney; and Lisa McCardle, City Clerk.

CONSENT AGENDA

Motion by Scott, seconded by Moore, to adopt the Consent Agenda; all voting aye. Items 2 through 12C are approved unanimously unless specifically noted after the item.

2. Reading of the City Council minutes of October 28, 2019.

Reading of the minutes of October 28, 2019, was waived and as part of the consent agenda the minutes were approved as presented.

3. HUMAN RIGHTS - Motion approving the annual performance evaluation for the Human Rights Director. 2019-0887

Julie Berens, 3341 Concordia Dr, Human Rights Commission Member, spoke on the item.

Request by Scott to pull the item from the Consent Agenda for a separate vote; the mo- tion was moved and seconded as part of the Consent Agenda; Capron, Groetken, Moore, and Watters voting aye; Scott abstaining.

4. SPORTS - Resolution approving Regional Sports Authority District Grant Agreement No. 20-RSAD-09 by and between the City of Sioux City and the Iowa Economic Development Authority in the amount of $50,000 for a FY 2019-20 Regional Sports Authority District Grant to offset the cost of certain sporting events. 2019-0888

5. HOLIDAY LIGHTED PARADE - Resolution temporarily closing 4th Street from Iowa Street to Nebraska Street, Nebraska Street from 4th Street to 5th Street, and 5th Street from Ne- braska Street to Jones Street beginning at 6:15 p.m. and ending at 8:00 p.m. and tempo- rarily closing 3rd Street from Iowa Street to Court Street and Iowa Street from 3rd Street to 4th Street beginning at 4:00 p.m. and ending at 6:15 p.m. November 25, 2019 to accom- modate Downtown Partners Sioux City’s Holiday Lighted Parade and staging. 2019-0889

6. LEECH AVE - Resolution adopting plans, specifications, form of contract, and estimated cost for the proposed construction of the Leech Avenue Reconstruction (South Fairmount Street to South Rustin Street) Project. (Project No. 6988-719-287) 2019-0890

7. ELECTRICAL - Resolution awarding a Service Provider Agreement to Electrical Engineer- ing & Equipment of Sioux City, Iowa in the amount of $108,915 for a three (3) year agree- ment to test city-wide generators. (RFB No. 257810) 2019-0891

8. NORTHERN VALLEY - Resolution inviting proposals for the sale of land in the Combined Floyd River Urban Renewal Area, announcing the intent to accept the proposal of Telco Triad Community Credit Union, fixing the date for receipt of proposals, and for public hear- ing and providing for notice thereof. (A 1.55 acre portion of Lot 2, Northern Valley Crossing, Third Addition) 2019-0892

9. ACTIONS AUTHORIZING THE ISSUANCE OF CHECKS

A. STRAWN - Resolution accepting the work and authorizing final payment to Strawn Construction Services, Inc. for the 614 Pierce Emergency Paving Project. (Project No. 7067-519-127) 2019-0893

B. VEDRAL - Resolution approving payment of settlement (Jared Vedral) 2019-0894

10. PURCHASING

A. HOCKENBERG’S - Resolution awarding a purchase order to Hockenberg’s Equipment and Supply Company of Omaha, Nebraska in the amount of $79,213.08 for the pur- chase of china, flatware and other banquet items for the Sioux City Convention Center. (RFQ No. 259454) 2019-0895

B. GURNEY - Resolution awarding a purchase order to Bert Gurney & Associates of Omaha, Nebraska in the amount of $63,285 for repairs to Pump No. 4 located at the Floyd Pump Station, 1425 Bluff Road, Sioux City, Iowa. 2019-0896

11. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. OFF PREMISE SALES 1. CLASS B WINE PERMIT (wine only) a. Downtown Liquor, 1203 5th Street (Renewal) b. La Pinata, 3124 Gordon Drive (Renewal) 2. CLASS C BEER PERMIT (beer/wine coolers) a. Downtown Liquor, 1203 5th Street (Renewal) b. La Pinata, 3124 Gordon Drive (Renewal) 3. CLASS E LIQUOR LICENSE (liquor only) a. Downtown Liquor, 1203 5th Street (Renewal)

12. BOARD, COMMISSION, AND COMMITTEE MINUTES

A. Environmental Advisory Board – September 12 and October 10, 2019 B. Seniors Advisory Committee – October 22, 2019 C. Transit System Advisory Board – October 16, 2019

- End of Consent Agenda -

RECOMMENDATIONS OF PLANNING AND ZONING

13. Hearing and Ordinance rezoning 2025 Riverside Boulevard from Zone Classification SC (Suburban Commercial) to Zone Classification GC (General Commercial). (Petitioner: Bar- gain Bedding, Inc.) The Planning and Zoning Commission recommends approval of this item. (File No. 2019-0074) 2019-0897

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

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

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

14. Hearing and Ordinance rezoning 5607½ Sunnybrook Drive from Zone Classification GC (General Commercial) to Zone Classification MU (Mixed Use). (Petitioner: Eagle Construc- tion Inc.) The Planning and Zoning Commission recommends approval of this item. (File No. 2019-0076)

Jason Geary, Planning and Zoning Commission Chair; Chris Madsen, Senior Planner; Dave Carney, Public Works Director; Jeff Hanson, Community Development Operations Manager; and Marty Dougherty, Economic and Community Development Director; provided information on the item. Pam and Dennis Pottorff, 5814 Pine View Dr; Josh Kruger, Eagle Construction, 1305 E Benson Rd, Sioux Falls, South Dakota; and Paul Koskovich, Kosko Properties; spoke on the item.

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

15. Resolution accepting and approving the Final Plat of Eagle Ridge Addition, Third Filing to Sioux City, Woodbury County, Iowa. (Petitioner: DeRocher Brothers Construction LLC) The Planning and Zoning Commission recommends approval of this item. (File No. 2019-0075) 2019-0898

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

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

HEARINGS

16. Hearing and Resolution approving the lease of a portion of the guyed tower and adjacent ground space located at 4201 Cheyenne Boulevard to USCOC of Greater Iowa, LLC for in- stallation, operation and maintenance of a communications system. 2019-0899

Julie Shebek, 2124 Larry Dr NW, Cedar Rapids, representing USCOC of Greater Iowa, LLC, spoke on the item.

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

ORDINANCES

17. Ordinance amending Chapter 7.01 entitled “Definitions and Penalties”, Chapter 7.02 enti- tled “Licensing of Dogs and Cats”, and Chapter 7.03 entitled “Animal Control,” to revise def- initions, revise administrative procedures, increase licensing amounts of unneutered ani- mals, and establish scheduled fines related to violations of the animal code.

Preston Moore, Iowa State Director at The Humane Society of the United States; Ed Stitt, 3505 View Blvd; and Chontelle Carter, 3325 Pierce St; spoke on the item.

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

18. Ordinance repealing Chapter 7.10 of the Sioux City Municipal Code entitled “Pit Bulls Pro- hibited.” (First Consideration approved October 14, 2019) (Second Consideration ap- proved October 21, 2019)

Motion by Scott, seconded by Capron, to defer the item to November 25, 2019; all voting aye.

19. CITIZEN CONCERNS

Dennis Pottorff, 5814 Pine View Dr, stated there are semi-trucks using their engine brakes on the bypass even though there is a sign posted stating “no engine brakes allowed”; Pottorff re- quested Council find a way to enforce the law; Scott requested Padmore look into getting weight enforcement officers to patrol the area for violators.

20. COUNCIL CONCERNS

Watters provided reminders about the 100+ Men Who Care meeting, Thursday, November 7th, 5:30 p.m. at Siouxland Chamber of Commerce, 101 Pierce St; and the TSI Luncheon, Friday, November 8th, 11:45 a.m. at the Country Celebrations Event Center, 5606 Hamilton Boulevard.

21. ADJOURNMENT

There being no further business, the meeting was adjourned at 5:15 p.m., on motion by Scott, seconded by Moore; all voting aye.

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

City Council minutes are available on the Internet at www.sioux-city.org. u:\CityAgenda\Minutes and Agendas\Council Minutes\2019\110419m x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 18, 2019 ACTION ITEM # 4 FROM: Donna Forker, Finance Director

Motion accepting and approving the Effective Fiscal and Public Policy SUBJECT: Committee FY 2019 Annual Report.

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

RECOMMENDATION: Staff respectfully requests Council approve a motion accepting the Effective Fiscal and Public Policy Commission’s Fiscal Year 2019 Annual Report.

DISCUSSION: The committee was established January 24, 2011 to provide citizen input on a wide variety of public and fiscal policy issues. The annual report is prepared to satisfy Municipal Code Sec- tion 2.66.070 which requires boards and commissions to file annual reports with the City Council.

FINANCIAL IMPACT: None

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

ALTERNATIVES: The City Council could reject the report.

ATTACHMENTS: Effective Fiscal and Public Policy Committee Annual Report EFFECTIVE FISCAL AND PUBLIC POLICY COMMITTEE ANNUAL REPORT FISCAL YEAR 2019

MISSION STATEMENT: The Effective Fiscal and Public Policy Committee (EFPPC) will review and make recommendations to the City Council on matters pertaining to budgets, capital expenditures, and revenues and operating expenditures as well as make other recommendations on fiscal matters as it may be advisable while considering what is in the best interest of the taxpayers and the City. The committee also serves as an advisory and resource body to the City Council by analyzing, developing and rec- ommending policies and procedures concerning issues not addressed by other boards, commissions and committees.

MEMBERS ROLE: The Effective Fiscal and Public Policy Committee concerns itself with matters relating to taxation and other revenue measures; the bonded debt of the City of Sioux City; deposit of public moneys; the expenditure of public funds; and all as- pects of financial policies. The Effective Fiscal and Public Policy Committee provide an opportunity for detailed discussion and consideration of financial matters. The advisory committee shall prepare recommendations and submit them to the City Council based on requests from the City Council relating to current community concerns. Examples of those requests are: review and assistance with strategic planning and special project review and formulation on City projects or initiatives with broad impact. The committee will consider issues that are not the responsibility of other boards, commissions, or committees. The role is advisory only.

EXECUTIVE SUMMARY: The first meeting of the EFPPC was held on February 22, 2011. The committee was established when the Fiscal Management Committee and the Effective Public Policy Committee were dissolved and merged into the new board, Resolution No. 2011-0069, (January 24, 2011).

ACCOMPLISHMENTS: • Provided feedback on the creation of a CVB • Reviewed Parking Rate Proposal • Reviewed Sewer Rate Proposal • Reviewed Senate File 634 (Property Tax Reform)

GOALS: The EFPPC will discuss and make recommendations on topics as directed by the City Council.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 18, 2019 ACTION ITEM # 5

FROM: Donna Forker, Finance Director

Resolution approving the Tax Increment Finance Annual Certification of SUBJECT: Compliance and Urban Renewal Report for Fiscal Year 2019

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

RECOMMENDATION: Staff respectfully requests the City Council approve the resolution placed on the November 18, 2019 agenda approving the Annual Certification of Compliance and Urban Renewal Report as submitted to the Iowa Department of Management.

DISCUSSION: As a requirement of the Tax Increment Finance law, an Annual Certification of Compliance and Urban Renewal Report must be approved by the City Council for and counties with an urban renewal area and filed electronically with the Department of Management by December 1st each year or the cities’ budgets will not be certified. The City is required to file this report on or before December 1st of each year and the report must be included in the City’s annual fi- nancial audit.

The Annual Certification of Compliance and Urban Renewal Report accounts for all revenue and expenditures of tax increment funds, including all future year indebtedness which has been approved by the City Council.

The Annual Certification of Compliance and Urban Renewal Report is on file in the Finance Department Office.

FINANCIAL IMPACT: If the report is not completed and filed timely with the Department of Management, the City will not be allowed to publish or adopt their yearly budget until the report is filed. Additionally, the Department of Management is to provide a report to the Legislature of all cities not in compli- ance.

RELATIONSHIP TO STRATEGIC PLAN: The Annual Certification of Compliance and Urban Renewal Report shows the City’s effort to maintain sound fiscal policy in dealing with the City’s financial assets.

ALTERNATIVES: None

ATTACHMENTS: Resolution RESOLUTION NO. 2019 - ______

RESOLUTION APPROVING THE TAX INCREMENT FINANCE ANNUAL CER- TIFICATION OF COMPLIANCE AND URBAN RENEWAL REPORT FOR FIS- CAL YEAR 2019

WHEREAS, as a requirement of the Tax Increment Finance law, an Annual Certification of Compliance and Urban Renewal Report must be approved by the City Council for cities and counties with an urban renewal area and filed electronically with the Department of Manage- ment by December 1st each year or the cities’ budgets will not be certified; and

WHEREAS, the City of Sioux City has prepared the Tax Increment Finance Annual Certification of Compliance and Urban Renewal Report for Fiscal Year 2019, a copy of which is on file in the office of the Finance Department, which Tax Increment Finance Annual Certification of Compli- ance and Urban Renewal Report for Fiscal Year 2019 should be approved as to form and con- .

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the Tax Increment Finance Annual Certification of Compliance and Urban Renewal Report for Fiscal Year 2019 be and the same is hereby approved.

BE IT FURTHER RESOLVED that said Tax Increment Finance Annual Certification of Compli- ance and Urban Renewal Report for Fiscal Year 2019 be filed electronically with the Depart- ment of Management by December 1, 2019.

PASSED AND APPROVED: November 18, 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: November 18, 2019 ACTION ITEM # 6 David Carney, Public Works Director FROM: Gordon Phair, City Engineer Katie Schultz, Civil Engineer

Resolution adopting the 2020 Sioux City Supplement to the Statewide Standard Specifications Manual and the 2020 Sioux City Supplement to the SUBJECT: Design Manual of the Iowa Statewide Urban Design and Specifications (SUDAS).

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

RECOMMENDATION: Staff respectfully requests Council adopt the 2020 Sioux City Supplement to the Iowa Statewide Urban Design and Specifications (SUDAS) Standard Specifications Manual and the 2020 Sioux City Supplement to the Iowa SUDAS Design Manual.

DISCUSSION: On February 14, 2005 under Resolution 2005-0141 Council adopted the Iowa Statewide Urban Standard Specifications for Public Improvements now known as the Iowa Statewide Standard Specifications (SUDAS). SUDAS is maintained and continually improved and modified by the Institution for Transportation (InTrans) in Ames, Iowa.

City Staff has assembled the 2020 Sioux City Supplement to the Iowa SUDAS Standard Speci- fications that is an updated version of the previously adopted 2017 (Resolution 2017-1045) Sioux City Supplement to the Iowa SUDAS Standard Specifications. The 2020 Sioux City Sup- plement to the Iowa SUDAS Standard Specifications will be submitted to the Iowa Department of Natural Resources for acceptance following formal acceptance by the City Council.

Notable changes included the deletion of items that were repeated in the Iowa SUDAS Stand- ard Specifications. These changes were discussed and reviewed by a committee of local con- tractors and local engineering firms.

City Staff has assembled the 2020 Sioux City Supplement to the Iowa SUDAS Design Manual that is an updated version of the previously adopted 2008 Sioux City Supplement to the Iowa SUDAS Design Manual. The 2020 Sioux City Supplement to Iowa SUDAS Design Manual will be submitted to the Iowa Department of Natural Resources for acceptance following formal ac- ceptance by the City Council.

Notable changes included updates to the Standard Utility Location drawing to include a modi- fied subbase to improve road longevity. These changes were discussed and reviewed internal- ly and by local engineering firms.

FINANCIAL IMPACT: N/A

RELATIONSHIP TO STRATEGIC PLAN: Infrastructure.

ALTERNATIVES: Council can opt not to adopt which staff does not recommend.

ATTACHMENTS: 2020 Sioux City Supplement to the Iowa SUDAS Standard Specifications (hard copies) 2020 Sioux City Supplement to the Iowa SUDAS Design Manual (hard copies)

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION ADOPTING THE 2020 SIOUX CITY SUPPLEMENT TO THE STATEWIDE STANDARD SPECIFICATIONS MANUAL AND THE 2020 SIOUX CITY SUPPLEMENT TO THE DESIGN MANUAL OF THE IOWA STATEWIDE URBAN DESIGN AND SPECIFICATIONS (SUDAS).

WHEREAS, the Institute for Transportation (InTrans) of Ames, Iowa maintains and updates the Iowa Statewide Urban Design and Specifications (SUDAS); and

WHEREAS, on February 14, 2005, pursuant to Resolution No. 2005-0141, the City Council adopted the Iowa Statewide Urban Design Standards for Public Improvements and the Urban Standard Specification for Public Improvements, now known as the Standard Specifications Manual and the Design Manual of SUDAS, and

WHEREAS, the City Council is advised and does believe the 2020 Sioux City Supplement to the Standard Specifications Manual and the 2020 Sioux City Supplement to the Design Manual should be approved as to form and content.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the 2020 Sioux City Supplement to the Standard Specifications Manual and the 2020 Sioux City Supplement to the Design Manual of the Iowa Statewide Urban Design and Specifications (SUDAS) be and the same are hereby adopted effective November 18, 2019.

PASSED AND APPROVED: November 18, 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: November 18, 2019 ACTION ITEM # 7 FROM: Tom Everett, Fire Chief

Resolution authorizing Sioux City Fire Rescue to submit a grant application SUBJECT: to Firehouse Subs in the amount of $3,041.75 for the purposes of purchas- ing 250 smoke alarms for use in the SAFE Home Program.

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

RECOMMENDATION: Staff respectfully requests the City Council approve a resolution authorizing Sioux City Fire Rescue to submit a grant application to Firehouse Subs in the amount of $3,041.75 for the purposes of purchasing 250 smoke alarms for installation in of citizens in Sioux City.

DISCUSSION: Although a comprehensive study is still underway, Sioux City Fire Rescue is taking steps to decrease the number of fires in areas that have statistically shown a higher number of fire- related incidents. In 2011, Sioux City Fire Rescue announced a new free three-step fire safety program. The SAFE Home Program includes a home fire and safety guide book, a free volun- tary home fire safety inspection and, if needed, Sioux City Fire Rescue will install two dual- sensor smoke alarms in any home at no cost to the homeowner. The goal of this program is to educate the public about the dangers of fire, and to ultimately minimize the loss of life and property in residential occupancies that may not be able to afford smoke alarms. Since 2011, Sioux City Fire Rescue has conducted over 850 SAFE Home inspections and installed over 1,500 smoke alarms through this program.

Sioux City Fire Rescue also partners with the Siouxland Chapter of the American Red Cross and other local volunteers to canvas economically depressed neighborhoods with a history of residential fires to check/install smoke alarms. To date, more than 600 smoke alarms have been installed in Sioux City homes that otherwise did not have early notification of a fire.

FINANCIAL IMPACT: Total cost of this project is $3,041.75. There is no match.

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

ALTERNATIVES: Not apply for the grant money, but staff does not recommend that.

ATTACHMENTS: Resolution Grant Application RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AUTHORIZING SIOUX CITY FIRE RESCUE TO SUBMIT A GRANT APPLICATION TO FIREHOUSE SUBS IN THE AMOUNT OF $3,041.75 FOR THE PURPOSES OF PURCHASING 250 SMOKE ALARMS FOR USE IN THE SAFE HOME PROGRAM.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Sioux City Fire Rescue is hereby authorized and directed to submit a grant application, a copy of which is attached hereto and by this reference made a part hereof, to Firehouse Subs in the amount of $3,041.75 for the purposes of purchasing 250 smoke alarms for use in the SAFE Home Pro- gram.

PASSED AND APPROVED: November 18, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk %/*&5* )2 126 59'0.6 6-.5 %"#= .6 .5 +24 4*+*4*1(* 21/;> $94 ,4&16 &33/.(&6.21 342(*55 .5 *16.4*/; ).,.6&/> FUUQNHFSY$FSI$IJUFWYRJSY$NSKTWRFYNTS$ Knwxy$Sfrj$ Qfxy$Sfrj$ Jrfnq$Fiiwjxx$ Ijufwyrjsy$Yf}$NI'$ Scott Kovarna [email protected] Twlfsn•f?ts3Ijufwyrjsy$ Fqyjwsfyj$Sfrj$ Fqyjwsfyj$Jrfnq$ 42-6005220 Sioux City Fire Rescue Captain Ryan Collins [email protected] Fiiwjxx$Qnsj$5$ Hny~$ SIOUX CITY 601 DOUGLAS ST Fiiwjxx$Qnsj$6$ Xyfyj$ IA _nu$ 51101

&2399371 Fiiwjxx$Qnsj$5$ &2399371 SIOUX CITY 601 DOUGLAS ST Hny~$ &2399371 Fiiwjxx$Qnsj$6$ &2399371 IA &2399371 51101 Xyfyj$ _nu$ Twlfsn•f?ts$Umtsj$Szrgjw$ Fqyjwsfyj$Htsyfhy$Szrgjw$ 712-279-6314 712-279-6278 Qthfq$Fuuwt{fq$Uwj1vzfqn.)f?tsx$ As required by our community, this request has been presented and approved by our local government as part of our process when applying for external funding.

FUUQNHFYNTS$WJVZJXY$NSKTWRFYNTS$ Ymj$y~uj$tk$lwfsy$~tz$fwj$wjvzjx?sl?$ \mfy$nx$ymj$J]FHY$htxy$tk$ymj$jvznurjsyD$ Equipment 3041.75 [fwnfshjx$ns$ymj$frtzsyx$wjvzjxyji$|nqq$gj$ymj$wjxutsxngnqny~$tk$ymj$lwfsy$wjhnunjsy$yt$uf~$inwjhyq~D$Yes \mfy$Jvznurjsy$fwj$~tz$wjvzjx?sl$ktw$~tzw$ijufwyrjsyD$ Gwnj0~$j}uqfns$mt|$ymj$jvznurjsy$|nqq$gjsj.y$~tzw$htrrzsny~$ 250 USI MI3050SB Smoke/Fire DC Alarm fsi$~tzw$ijufwyrjsy2$ In 2011 SCFR began checking the battery of each existing smoke alarm during an emergency and non-emergency, and either replacing the battery or providing a new unit if a smoke alarm could not be found. This is done only if time and the situation permits, and the results are documented in the official incident report. Since 2012, the department has verified the existence and operation of over 5,100 smoke alarms and installed over 2,600 fire alarm units through various smoke alarm programs. '*.)/1 "/-0(.5 $(-* &(,*2 %*01*2*.3(3+4* $(-* &(,*2 %*01*2*.3(3+4* #-(+, Meter INC. Ed Kimball [email protected] \mfy$nx$ymj$frtzsy$tk$kzsinsl$ Uqjfxj$uwt{nij$f$ijyfnqji$ijxhwnu?ts$tk$mt|$ymj$kzsinsl$|nqq$fxxnxy$~tzw$8<1'73E'>387?$ ~tz$fwj$wjvzjx?slD$ Field not required for this category of request Field not required for this category of request $8C 6'7D =)285'<=239= C8A5* %5+'=+ *+=)<3(+ >2+ =+5+)>387 '7* *3=><3(A>387 9<8)+== ,8< >2+ <+;A+=>+* =)285'<=239 ,A7*371I >2+ <+;A+=>+* ,A7*371 9<8B3*+G Field not required for this category of request Field not required for this category of request

HTRRZSNY^$NRUFHY$ Mf{j$~tz$xzhhjxxkzqq~$wjfhmji$tzy$yt$ymj$hny~$ktw$kzsix$yt$ \fx$ymjwj$f$ufw?hzqfw$nsxyfshj$|mjwj$f$qnkj$|tzqi$mf{j$gjjs$ uzwhmfxj$ymj$jvznurjsyD$ utxn?{jq~$nrufhyji$nk$~tz$|tzqi$mf{j$mfi$ymj$jvznurjsy$ We have reached out with no success. f{fnqfgqjD$ On March 11, 2018 at 3:40 in the morning our crews responded to a structure fire in the central area of Sioux City. Flames had been visible by the first in crews. They entered the residence and \mfy$utxn?{j$j-jhyx$|nqq$ymj$jvznurjsy$xujhn.hfqq~$mf{jD$ found an unresponsive 16 year old male in the hallway in front of his bedroom. The victim was Uqjfxj$zxj$xyf?x?hx$|mjs$utxxngqj2$ brought out side and life saving measures were not successful. After the fire a cause investigation Socio-Economic Factors In addition to analyzing individual commercial occupancies and historical call volume, SCFR has begun analyzing the relationship of was conducted. No fire alarms had been found in the residence. We believe that working smoke fires to socio-economic factors such as demographics, economic, , as well as other factors such as per capita income, the percent of population living alarms would have made a difference in this young mans life. below line, and rates. The most important reason for this analysis is that socio-economic factors are among the best-known predictors of fire rates at the neighborhood level. Studies indicate that such factors have a direct relationship on the number and severity of fire incidents. Fires occur disproportionately in areas which are KNWJMTZXJ$XZGX$WJQFYNTSXMNU$ Fiiwjxx$tk$Knwjmtzxj$Xzgx$qthf?ts$sjfwjxy$~tz2$ Mt|$kfw$nx$ymnx$qthf?ts$kwtr$ 5008 Sergeant Rd. ~tzw$ijufwyrjsyD$dddd$Rnqjx$4.90 Sioux City, IA 51106 Mt|$ini$~tz$mjfw$fgtzy$tzw$twlfsn•f?tsD$ Mfx$~tzw$ijufwyrjsy$wjhjn{ji$kzsinsl$kwtr$Knwjmtzxj$Xzgx$ I am a customer. Uzgqnh$Xfkjy~$Ktzsif?ts$ns$ymj$ufxyD$ No

"D '995D371H D8A 1<'7> #3<+28A=+ &A(= %A(53) &',+>D #8A7*'>387 M>2+ K#8A7*'>387LN 9+<63==387 >8 A=+ D8A< 8<1'73E'>387J= 7'6+ '7* 3*+7>3,D371 ><'*+6'<4= 37 )877+)>387 C3>2 >23= '9953)'>387 '7* 37 )877+)>387 C3>2 >2+ #8A7*'>387J= =853)3>'>387= ,8< =A998<>I Nsn?fq$Fhhjuyfshj$Scott Kova [email protected] UNT$,Uzgqnh$Nsktwrf?ts$T/hjw-$Sfrj?$ UNT$Umtsj$Szrgjw?$ 712-279-6145 Scott Kovarna Uqjfxj$styj0$ymjwj$fwj$in-jwjsy$hfyjltwnjx$tk$kzsinsl$|nymns$ymj$lwfsy$fuuqnhf3+8s0$ymjwjktwj$ymj$uwnsyji$UIK$ithzrjsy$rf~$htsyfns$xtrj$tujs$gqfsp$ .jqix2$Uqjfxj$it$sty$htsyfhy$ymj$Ktzsif?ts$nk$.jqix$fuujfw$gqfsp2$

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 18, 2019 ACTION ITEM # 8 Gordon Phair City Engineer FROM: Nate Wing, Civil Engineer

Resolution granting a permit to FiberComm, LC to own, operate and main- tain underground cable commencing at the northeast corner of West 19th SUBJECT: Street and Geneva Street, extending north for 315’ to the southeast corner of West 20th Street and Geneva Street, extending east for 165’ and ending at 1901-39 Hamilton Boulevard.

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

RECOMMENDATION: Staff respectfully requests the City Council approve the Resolution granting a permit to Fi- berComm, LC of Sioux City, Iowa, to own, operate and maintain underground cable com- mencing at the northeast corner of West 19th Street and Geneva Street, extending north for 315’ to the southeast corner of West 20th Street and Geneva Street, extending east for 165’ and ending at 1901-39 Hamilton Boulevard.

DISCUSSION: The City has received a letter from FiberComm, LC for a permit to install underground cable commencing at the northeast corner of West 19th Street and Geneva Street, extending north for 315’ to the southeast corner of West 20th Street and Geneva Street, extending east for 165’ and ending at 1901-39 Hamilton Boulevard.

The fiber optic is being installed to serve the address of 1901-39 Hamilton Boulevard.

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

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

The attached route has been reviewed by several City Departments.

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

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

ALTERNATIVES: Council could deny permit to FiberComm, LC

ATTACHMENTS: Resolution Application (with Map) Insurance

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION GRANTING A PERMIT TO FIBERCOMM, LC TO OWN, OPER- ATE AND MAINTAIN UNDERGROUND CABLE COMMENCING AT THE NORTHEAST CORNER OF WEST 19TH STREET AND GENEVA STREET, EXTENDING NORTH FOR 315’ TO THE SOUTHEAST CORNER OF WEST 20TH STREET AND GENEVA STREET, EXTENDING EAST FOR 165’ AND ENDING AT 1901-39 HAMILTON BOULEVARD.

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

WHEREAS, the City Council is advised and does believe that permission to own, operate and maintain such cable should be granted, pursuant to Chapter 12.05 of the Sioux City Municipal Code, under the conditions hereafter imposed.

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

• Commencing at the northeast corner of West 19th Street and Geneva Street; thence extending north for 315’ to the southeast corner of West 20th Street and Geneva Street; thence extending east for 165’ and end- ing at 1901-39 Hamilton Boulevard;

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

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

PASSED AND APPROVED: November 18, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

1605 9th Street 712-224-2020 Fax: 712-258-8810 Sioux City, IA 51101 800-836-2472 www.fibercomm.net

Engineering 10/28/2019 City of Sioux City 405 6th Street P.O. Box 447 Sioux City, Iowa 51102

Subject: FiberComm Request for ROW Use: Geneva St. & W. 20th St.

Dear Engineering, FiberComm respectfully requests the City’s consideration to grant permission and be placed on the Council’s earliest agenda for approval to perform underground construction in the City’s right-of-way/property for the installation of fiber optic underground facilities. Please see the enclosed aerial map/plan and narrative description of the project below. This project is to supply fiber facilities to the addresses of 1901 thru 1939 Hamilton Blvd. B

Proposed Route Description Underground construction will begin in the in east right-of-way, at the NE corner of W. 19th & Geneva St., where a FiberComm facilities hand hole currently exists. From this location two 1.25” ducts will extend north in the east right-of-way on-Geneva St., one duct will extend north for approximately 35' where it will enter and end on private property, the second duct will extend north for approximately 315' where a 30"x48" hand hole will be placed flush to grade,.proceeding east on 20th St. in the south right-of-way for approximately 165' where a 30"x48" hand hole will be placed flush to grade, continuing south for 15''onto private property where construction will end.

Construction Dates Estimated Start Date: Mid/Late November, 201919 Estimated Completion Date: Early December, 20199

Underground Contractor Tri-State Underground / Dave Brown Sioux City, IA 712-281-0297

Method of Installation Horizontal directional drilling (HDD) a trenchless method of installing underground ducts in a prescribed bore path by using a surface launched drilling machine with minimal impact on the surrounding area and environmental disruption.

Underground HDPE All underground ducts placed will be at an approximate minimum depth of 40” whenever possible. 1 ¼” schedule 40 nonmetallic flexible raceway made from high density polyethylene (HDPE) for use in underground applications will be utilized providing durability and longevity. Underground Enclosures (Hand Holes) All hand holes placed will be flush to grade/concrete made of precast polymer concrete reinforced with fiberglass and conform to current ANSI/SCTE 77 Specifications for Underground Enclosure Integrity. Hand hole dimensions will be 49 5/8” x 32 1/8” with 22,000 lbs load rated covers.

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

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

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

Sincerely,

Tom Hunter 224-2053 (direct) [email protected]

Enclosures Fiber - Utility Installation Maintenance Permit Application Check Permit Fee (# 5078) Work Area Map Certificate of Insurance Listing City of Sioux City – Additionally Insured Blanket Performance, Payment, & Maintenance Bond BD7900685622 11.13.19

Street paving must conform to SUDAS 7040.101 or 7040.102. Call 712-279-6324 for inspection 24hrs before paving.

DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 05/15/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kali Steffen Mills-Shellhammer-Puetz & Associates PHONE (712) 258-2580 FAX (712) 258-2184 (A/C, No, Ext): (A/C, No): E-MAIL 117 Pierce Street Suite 200 ADDRESS: [email protected] INSURER(S) AFFORDING COVERAGE NAIC #

Sioux City IA 51101 INSURER A : EMC Property & Casualty 25186

INSURED INSURER B :

FiberComm LC INSURER C :

PO Box 416 INSURER D :

INSURER E :

Sioux City IA 51102-0416 INSURER F : COVERAGES CERTIFICATE NUMBER: CL1951501467 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 CLAIMS-MADE OCCUR PREMISES (Ea occurrence) $ MED EXP (Any one person) $ 5,000

A Y 4D21298 10/22/2019 10/22/2020 PERSONAL & ADV INJURY $ 1,000,000

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

A OWNED SCHEDULED Y 4E21298 10/22/2019 10/22/2020 BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $

UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 5,000,000

A EXCESS LIAB CLAIMS-MADE 4J21298 10/22/2019 10/22/2020 AGGREGATE $ 5,000,000

DED RETENTION $ 10,000 $ WORKERS COMPENSATION PER OTH- STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500,000 A OFFICER/MEMBER EXCLUDED? N / A 4H21298 10/22/2019 10/22/2020 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 500,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Sioux City is an additional insured in regards to the General Liability and Auto Liability on a primary and noncontributory basis.

CERTIFICATE HOLDER CANCELLATION

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

Sioux City IA 51102

© 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 18, 2019 ACTION ITEM # 9A Stan LaFave, Facilities Maintenance Supervisor FROM: Mike Collett, Assistant City Manager

Resolution approving Change Request No. 17 REVISED to the contract with L & L Builders Co. of Sioux City, Iowa in an amount not to exceed $17,026.00 SUBJECT: for labor and material to address electrical adds in connection with the Sioux City Convention Center Renovation Project (Project No. 6940-663-239)

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

RECOMMENDATION: Staff respectfully requests Council approve Change Request No. 17 REVISED to the contract with L & L Builders Co. of Sioux City, Iowa in an amount not to exceed $17,026.00 for labor and material to address electrical adds in connection with the Sioux City Convention Center Renova- tion Project.

DISCUSSION: A contract was awarded to L & L Builders Co. on October 8, 2018, pursuant to Resolution No. 2018-0833, in the amount of $2,900,100.00 for the construction of a new 7,260 square foot ad- dition and the renovation of 7,500 square feet of the current Convention Center space into a ballroom.

On October 15, 2018, pursuant to Resolution No. 2018-0841, Council approved the Contract and Performance Bond with L & L Builders.

Please note that the Contractor has already completed electrical adds Nos. 1 through 5 without prior written approval from the Owner. Contractor was concerned about completing the project before the original completion date. Item No. 6 has not been completed and will allow Kinseth staff to dim the lights in the ballroom storage area during a big event. The current design of lighting in this area does not allow for that as designed in the other three ballrooms.

Below is a summary of the project:

Original Contract Amount: $2,900,100.00

Change Request Nos. 1 through 17 Summary: See attached sheet

New Contract Cost: $3,264,207.00 With Change Request No. 17 REVISED the total cost of the project will be $3,264,207.00 or

approximately 12.55% increase over original cost.

FINANCIAL IMPACT: This project is funded using GO Bonds under CIP No. 663-239 Reinvest District Convention Center Hotel.

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

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

ATTACHMENTS: Resolution Change Requests Summary Change Request No. 17 REVISED

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING CHANGE REQUEST NO. 17 REVISED TO THE CONTRACT WITH L & L BUILDERS CO. OF SIOUX CITY, IOWA IN AN AMOUNT NOT TO EXCEED $17,026.00 FOR LABOR AND MATERIAL TO ADDRESS ELECTRICAL ADDS IN CONNECTION WITH THE SIOUX CITY CONVENTION CENTER RENOVATION PROJECT (PROJECT NO. 6940-663-239)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Change Request No. 17 REVISED, a copy of which is attached hereto and by this reference made a part hereof, to the contract with L & L Builders Co. of Sioux City, Iowa in an amount not to exceed $17,026.00 for labor and material to address electrical adds in connection with the Sioux City Convention Center Renovation Project (Project No. 6940-663-239) be and the same is hereby approved.

BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized and directed to execute said Change Request No. 17 REVISED for and on behalf of the City.

PASSED AND APPROVED: November 18, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

Change Re- quest Description Action Cost 1 Heliotech Rammed Aggregate Pier Rejected $ - 2 Ceiling Grid Change Accepted $ (1,500.00) 3 Structural Slab Accepted $ 85,412.00 4 Fire Alarm Rejected $ - 5 Gallery Changes Accepted $ 25,002.00 6 Storm Sewer Accepted $ 13,587.00 7 Additional Structural Steel Support RR's Accepted $ 3,826.00 8 Ballroom Hardware Change Accepted $ 1,466.00 9 Trash Enclosure Northwest Corner Accepted $ 14,932.00 10 Exploratory Investigation North East of CC Accepted $ 3,209.00 11 Stamped Concrete West & South Entrances Rejected $ - 12 Enclose exposed Steel Accepted $ 1,346.00 13 Projector(s) Bid out $ - 14 Remodel existing Rest Rooms (4) Council Approval $ 200,151.00 15 Add Security Gate in Hallway Rejected $ - 16 Patch instead of removing concrete Accepted $ (350.00) 17 Electrical Adds (Pending Council Approval) Pending $ 17,026.00

Current $ 347,081.00 Total w/ change request No. 17 REVISED $ 364,107.00

7

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 18, 2019 ACTION ITEM # 9B FROM: Glenn Sedivy, Communications Center Director

Resolution approving a First Amendment to the Public Service Radio Sys- tem Governance Agreement with Woodbury County, Iowa; Dakota County, Nebraska; Union County, South Dakota; South Sioux City, Nebraska, Ser- SUBJECT: geant Bluff, Iowa; and North Sioux City, South Dakota relating to modifica- tions pertaining to the Executive Board, Meetings, Cost Sharing Agree- ment, Description of Public Service Radio System, Ownership of Property and Miscellaneous matters

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

RECOMMENDATION: The STARCOMM Executive Board respectfully requests City Council pass a resolution ap- proving a First Amendment to the Public Service Radio System Governance Agreement.

DISCUSSION: On April 21, 2006 an Executive Board was formed to govern said interoperability radio net- work referred to as STARCOMM.

The STARCOMM Executive Board desires to amend the original agreement in the areas of Section 2 - Executive Board, Section 4 – Meetings of Executive Board, Section 6 - Cost Shar- ing Agreement, Section 9 - Description of Public Service Radio System, Section 11 - Owner- ship of Property and Section 13 - Miscellaneous.

This First Amendment was prepared by the Sioux City Attorney’s office and the Woodbury County Attorney’s office and approved by the STARCOMM Executive Board on July 10, 2019 during their regular meeting.

This First Amendment has been approved and signed by the City of Sergeant Bluff, Iowa; City of South Sioux City, Nebraska; Union County, South Dakota, City of North Sioux City, South Dakota, Dakota County, Nebraska and Woodbury County, Iowa.

FINANCIAL IMPACT: No Financial Impact

ALTERNATIVES: Not approve the First Amendment.

ATTACHMENTS: Resolution First Amendment to the Public Service Radio System Governance Agreement

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING A FIRST AMENDMENT TO THE PUBLIC SER- VICE RADIO SYSTEM GOVERNANCE AGREEMENT WITH WOODBURY COUNTY, IOWA; DAKOTA COUNTY, NEBRASKA; UNION COUNTY, SOUTH DAKOTA; SOUTH SIOUX CITY, NEBRASKA, SERGEANT BLUFF, IOWA; AND NORTH SIOUX CITY, SOUTH DAKOTA RELATING TO MODIFICATIONS PERTAINING TO THE EXECUTIVE BOARD, MEETINGS, COST SHARING AGREEMENT, DESCRIPTION OF PUBLIC SERVICE RADIO SYSTEM, OWN- ERSHIP OF PROPERTY AND MISCELLANEOUS MATTERS

WHEREAS, the Siouxland Tri-State Radio Communications System or STARCOMM was estab- lished to oversee a new interoperability public radio systems; and

WHEREAS, on April 21, 2006, an Executive Board was formed to govern said interoperability radio network and provide a funding source for the on-going maintenance and operational costs associated with the system; and

WHEREAS, on May 8, 2006, pursuant to Resolution No. 2006-0329, the City of Sioux City, Io- wa, Woodbury County, Iowa; Dakota County, Nebraska; Union County, South Dakota; South Sioux City, Nebraska, Sergeant Bluff, Iowa; and North Sioux City, South Dakota, entered into a Public Service Radio System Governance Agreement which established and set forth the pow- ers, duties and responsibilities of the Siouxland Tri-State Area Radio Communications System to oversee the communications system serving the public safety departments in Iowa, Nebras- ka, and South Dakota; and

WHEREAS, the Parties desire to amend said Public Service Radio System Governance Agreement, a copy of which is attached hereto and by this reference made a part hereof, relat- ing to modifications pertaining to the Executive Board, Meetings, Cost Sharing Agreement, De- scription of Public Service Radio System, Ownership of Property and Miscellaneous matters.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the First Amendment to the Public Service Radio System Governance Agree- ment relating to modifications pertaining to the Executive Board, Meetings, Cost Sharing Agreement, Description of Public Service Radio System, Ownership of Property and Miscella- neous matters, referred to in the preamble herein, be and the same is hereby approved as to form and content and the Mayor and the City Clerk be and they are hereby authorized and di- rected to execute same for and behalf of the City.

BE IT FURTHER RESOLVED, that the City Clerk be and she is hereby authorized and directed to file this First Amendment to the Public Service Radio System Governance Agreement with the Iowa Secretary of State.

BE IT FURTHER RESOLVED that the City Clerk be and she is hereby authorized and directed to submit this First Amendment to the Public Service Radio System Governance Agreement to the Iowa Attorney General and such First Amendment to the Public Service Radio System Gov- ernance Agreement shall not be in full force and effect until such time as the amendment has been approved by the Iowa Attorney General.

PASSED AND APPROVED: November 18, 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: November 18, 2019 ACTION ITEM # 9C Gordon Phair, City Engineer FROM: Katie Schultz, Civil Engineer

Resolution awarding and approving a contract to KP Construction, Inc. in the SUBJECT: amount of $49,570.00 for the 10th St. and Irene St. Paving Project (Project No. 7070-519-127).

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

RECOMMENDATION: Staff respectfully requests Council award and approve a contract to KP Construction, Inc. in the amount of $49,570.00 for the 10th St. and Irene St. Paving Project (Project No. 7070-519-127).

DISCUSSION: This project includes the construction of paving, sidewalk, and inlets damaged by a water main break. Notice of Public Hearing was advertised on October 19, 2019 and October 26, 2019. The public hearing was held on October 28, 2019. Construction completion shall be on or be- fore May of 2020.

The project was bid on October 29, 2019. Five (5) bids were received for this project. The bids are as follows:

Company City, State Base Bid Bainbridge Construction, LLC Kingsley, IA $68,050.00 RP Constructors, LLC North Sioux City, SD $59,345.00 Mark Albenesius, Inc. South Sioux City, NE $53,160.00 I and A Construction, LLP Sioux City, IA $53,310.00 KP Construction, Inc. Sioux City, IA $49,570.00 Engineer’s Estimate $52,875.00

The base bid, submitted by KP Construction of Sioux City, Iowa is 6.25% or $3,305.00 below the Engineer’s Estimate of $52,875.00.

FINANCIAL IMPACT: This project is funded using transfers in water funds under CIP 519-127. The Engineer’s opin- ion of probable construction cost for the work is $52,875.00. The project currently has an available balance of $226,733.00.

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.

ATTACHMENTS: Resolution Bid Tabulation Sheet Contracts (Hard Copies)

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AWARDING AND APPROVING A CONTRACT TO KP CONSTRUCTION, INC. IN THE AMOUNT OF $49,570.00 FOR THE 10TH ST. AND IRENE ST. PAVING PROJECT (PROJECT NO. 7070-519-127).

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 October 29, 2019, for the 10th St. and Irene St. Paving 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 KP Construction, Inc. of Sioux City, Iowa in the amount of $49,570.00 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: November 18, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

Engineer's Estimate KP Construction, Inc. Mark Albenesius, Inc. I & A Constuction, LLP RP Constuctors, LLC. Bainbridge Constuction Supplemental Line # Location Line Item Description Description Quantity Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Division 2 Excavation, Class 10, Class 12, or 1 2010-108-E-0 50 CY Class 13 $15.00$ 750.00 $ 20.00 $ 1,000.00 $ 50.00 $ 2,500.00 $ 50.00 $ 2,500.00 $ 45.00 $ 2,250.00 $ 38.00 $ 1,900.00 Below Grade Excavation (Core 2 2010-108-F-0 50 CY Out) $35.00$ 1,750.00 $ 30.00 $ 1,500.00 $ 50.00 $ 2,500.00 $ 60.00 $ 3,000.00 $ 45.00 $ 2,250.00 $ 47.00 $ 2,350.00 3 2010-108-G-0 Subgrade Preparation 135 SY $8.00$ 1,080.00 $ 13.00 $ 1,755.00 $ 25.00 $ 3,375.00 $ 8.50 $ 1,147.50 $ 10.00 $ 1,350.00 $ 8.00 $ 1,080.00 6" Modified 4 2010-108-I-0 Subbase 135 SY Subbase $35.00$ 4,725.00 $ 20.00 $ 2,700.00 $ 28.00 $ 3,780.00 $ 6.00 $ 810.00 $ 65.00 $ 8,775.00 $ 52.00 $ 7,020.00

5 2010-108-M-0 CLSM 10 CY $125.00$ 1,250.00 $ 150.00 $ 1,500.00 $ 145.00 $ 1,450.00 $ 296.00 $ 2,960.00 $ 140.00 $ 1,400.00 $ 150.00 $ 1,500.00 Division 5 6 5020-108-E-0 Valve Box Adjustment, Minor 1 EA $500.00$ 500.00 $ 200.00 $ 200.00 $ 250.00 $ 250.00 $ 450.00 $ 450.00 $ 500.00 $ 500.00 $ 300.00 $ 300.00 Division 6 7 6010-108-B Intake SW-501 2 EA $5,000.00$ 10,000.00 $ 5,750.00 $ 11,500.00 $ 5,350.00 $ 10,700.00 $ 3,100.00 $ 6,200.00 $ 3,500.00 $ 7,000.00 $ 4,800.00 $ 9,600.00 Manhole or Intake Adjustment, 8 6010-108-E-0 1EA Minor $1,000.00$ 1,000.00 $ 300.00 $ 300.00 $ 1,200.00 $ 1,200.00 $ 1,700.00 $ 1,700.00 $ 500.00 $ 500.00 $ 800.00 $ 800.00 9 6010-108-H-0 Remove Manhole or Intake 2 EA $2,500.00$ 5,000.00 $ 800.00 $ 1,600.00 $ 500.00 $ 1,000.00 $ 1,250.00 $ 2,500.00 $ 500.00 $ 1,000.00 $ 800.00 $ 1,600.00 Division 7 8" PCC with 10 7010-108-A-0 Pavement, PCC Integral Curb and 160 SY Gutter $65.00$ 10,400.00 $ 95.00 $ 15,200.00 $ 65.00 $ 10,400.00 $ 61.00 $ 9,760.00 $ 77.00 $ 12,320.00 $ 120.00 $ 19,200.00 11 7010-108-L-0 Pavement Removal 115 SY $15.00$ 1,725.00 $ 10.00 $ 1,150.00 $ 7.00 $ 805.00 $ 17.50 $ 2,012.50 $ 30.00 $ 3,450.00 $ 10.00 $ 1,150.00 Removal of Sidewalk, Shared Use 12 7030-108-A-0 40 SY Path, or Driveway $13.00$ 520.00 $ 9.00 $ 360.00 $ 5.00 $ 200.00 $ 15.50 $ 620.00 $ 25.00 $ 1,000.00 $ 10.00 $ 400.00 13 7030-108-E-0 Sidewalk, PCC 4" 25 SY $45.00$ 1,125.00 $ 51.00 $ 1,275.00 $ 45.00 $ 1,125.00 $ 56.00 $ 1,400.00 $ 75.00 $ 1,875.00 $ 85.00 $ 2,125.00 14 7030-108-E-0 Sidewalk, PCC 6" 25 SY $55.00$ 1,375.00 $ 72.00 $ 1,800.00 $ 45.00 $ 1,125.00 $ 54.00 $ 1,350.00 $ 75.00 $ 1,875.00 $ 85.00 $ 2,125.00 15 7030-108-G-0 Detectable Warning 20 SF $100.00$ 2,000.00 $ 40.00 $ 800.00 $ 50.00 $ 1,000.00 $ 45.00 $ 900.00 $ 50.00 $ 1,000.00 $ 50.00 $ 1,000.00 Division 8 16 8030-108-A-0 Temporary Traffic Control 1 LS $2,500.00$ 2,500.00 $ 2,150.00 $ 2,150.00 $ 3,000.00 $ 3,000.00 $ 2,500.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 $ 5,400.00 $ 5,400.00 Division 9 Seeding, Fertilizing, and Mulching 17 9010-108-B-2 8SQ for Hydraulic Seeding $150.00$ 1,200.00 $ 160.00 $ 1,280.00 $ 250.00 $ 2,000.00 $ 312.50 $ 2,500.00 $ 350.00 $ 2,800.00 $ 625.00 $ 5,000.00 18 9040-108-V-0 Erosion Control (LS) 1 LS $1,000.00$ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,750.00 $ 1,750.00 $ 1,000.00 $ 1,000.00 $2,500.00$ 2,500.00 $500.00$ 500.00 Division 11 19 11020-108-A-0 Mobilization 1 LS $4,700.00$ 4,700.00 $ 2,500.00 $ 2,500.00 $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 10,000.00 $5,500.00$ 5,500.00 $5,000.00$ 5,000.00 Schedule Total $ 52,600.00 $ 49,570.00 $ 53,160.00 $ 53,310.00 $ 59,345.00 $ 68,050.00

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 18, 2019 ACTION ITEM # 9D Gordon Phair, City Engineer FROM: Vishnu Nellore, Civil Engineer

Resolution approving a contract with Sioux City Engineering Co. in the SUBJECT: amount of $38,975.00 for the Emergency Andrew Avenue Sanitary Sewer Repair Project (Project No. 7088-539-103).

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

RECOMMENDATION: Staff respectfully requests Council approve a contract with Sioux City Engineering Co. of Sioux City, Iowa in the amount of $38,975.00 for the construction of the Emergency Andrew Avenue Sanitary Sewer Repair (Project No. 7088-539-103).

DISCUSSION: This project is located at 2226 Andrew Avenue. There is a void in the street due to the failure of the sanitary sewer. The Project will require dewatering and the replacement of the failed sani- tary sewer and backfill of dirt.

As a result of the immediate need for emergency repairs to preserve the health and safety of the public, the City Engineer and City Manager signed a ‘Finding of Necessity’, on October 30, 2019 per Iowa Code, Chapter 384.103, which authorizes the City Manager to “accept, enter in- to, and make payment under a contract for emergency repairs without holding a public hearing and advertising for bids, and the provisions of Chapter 26 [Public Construction Bidding] do not apply.” Construction completion shall be within 12 working days. The City Manager signed and awarded the contract on November 8, 2019. Today’s action is to approve the contract.

A Request for Competitive Quotes was sent out on November 1, 2019 and received on Novem- ber 6, 2019. Two (2) quotes were received for this project.

The quotes are as follows:

Company City, State Base Bid KP Construction Inc. Sioux City, Iowa $88,375.00 Sioux City Engineering Co. Sioux City, Iowa $38,975.00 Engineer’s Estimate $43,050.00

The base bid, submitted by Sioux City Engineering, Co. of Sioux City, Iowa is 9.46% or $4,075.00 below the Engineer’s Estimate of $43,050.00.

FINANCIAL IMPACT: This project is funded using a transfer in sewer funds under CIP 539-103. The project currently has an available balance of -$925,427.00. Funds have been requested from FY2021 to cover this shortfall.

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

ALTERNATIVES: N/A

ATTACHMENTS: Resolution Bid Tabulation Sheet Contracts (Hard Copies)

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING A CONTRACT WITH SIOUX CITY ENGINEERING CO. IN THE AMOUNT OF $38,975.00 FOR THE EMERGENCY ANDREW AVENUE SANITARY SEWER REPAIR PROJECT (PROJECT NO. 7088-539- 103).

WHEREAS, due to a sanitary sewer failure located at 2226 Andrew Avenue which needed im- mediate repairs, it was found essential that the City replace the sanitary sewer; and

WHEREAS, pursuant to a Finding of Necessity declaring a need for emergency repairs, quotes and proposals were received by the City of Sioux City, Iowa, on November 6, 2019, for the Emer- gency Andrew Avenue Sanitary Sewer Repair Project, in Sioux City, Iowa, (the Project) together with the necessary accessories and appurtenances, all in accordance with the plans and specifica- tions heretofore prepared by the City Engineering Division; and

WHEREAS, all of said quotes and proposals were carefully considered and it is necessary and advisable that the lowest and/or best quote be accepted and that a contract be approved 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 contract with Sioux City Engineering Co. of Sioux City, Iowa previously awarded and entered into pursuant to the authority granted in Section 384.103(2) of the Iowa Code on November 8, 2019 for the Project should be authorized and approved 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 Project in Sioux City, Iowa, together with necessary accessories and appurte- nances, referred to in the preamble hereof, be and the same is hereby ordered. The City Coun- cil finds that delay of advertising and public letting might cause serious loss to the City.

Section 2: It is hereby found, determined and declared that the bid of Sioux City Engineering, Co. of Sioux City, Iowa, in the amount of $38,975.00 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 quote 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 and previously signed by the City Manager on November 8, 2019, is hereby approved by the City Council for approval and signature by the City.

Section 5: The City Clerk is hereby authorized and directed to execute said contract for and on behalf of the City of Sioux City, Iowa.

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

PASSED AND APPROVED: November 18, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

Bid Form Date: 11/1/2019 Project: Emergency Andrew Avenue Sanitary Sewer Repair Project Engineer's Estimate Sioux City Engineering KP Construction, Inc.

Line # Location Line Item Description Quantity Unit Unit Price Total Unit Price Total Unit Price Total Division 3 1 3010-108-D-0 Replacement of Unsuitable Backfill Material 235 CY $ 30.00 $ 7,050.00 $ 20.00 $ 4,700.00 $ 75.00 $ 17,625.00 2 3010-108-G-0 Dewatering 1 LS $ 20,000.00 $ 20,000.00 $ 10,000.00 $ 10,000.00 $ 22,500.00 $ 22,500.00 Division 4 $ - 3 4010-108-A-1 Sanitary Sewer, 8-in 25 LF $ 150.00 $ 3,750.00 $ 470.00 $ 11,750.00 $ 350.00 $ 8,750.00 4 4010-108-H-0 Removal of Sanitary Sewer 25 LF $ 50.00 $ 1,250.00 $ 21.00 $ 525.00 $ 200.00 $ 5,000.00 Division 8 $ - 5 8030-108-A-0 Temporary Traffic Control 1 LS $ 500.00 $ 500.00 $ 1,000.00 $ 1,000.00 $ 5,000.00 $ 5,000.00 Division 9 $ - 6 9010-108-B-0 Seeding 1 LS $ 500.00 $ 500.00 $ 1,000.00 $ 1,000.00 $ 4,500.00 $ 4,500.00 Division 11 $ - 7 11,020-108-A-0 Mobilization 1 LS $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $25,000.00 $ 25,000.00 Schedule Total $ 43,050.00 $ 38,975.00 $ 88,375.00

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 18, 2019 ACTION ITEM # 9E Gordon Phair, City Engineer FROM: Amy Keairns, Neighborhood Services Project Coordinator

Resolution approving Amendment No. 1 to the Consulting Services Agreement with JEO Consulting Group, Inc. for additional construction SUBJECT: services in connection with the Rose Hill Alley, Inlet, Sidewalk and Curb Ramp Project (Project No. 6930A-719-229) in an amount not to exceed $10,111.00.

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

RECOMMENDATION: Staff respectfully requests Council approve Amendment No. 1 to the Consulting Services Agreement with JEO Consulting Group, Inc. for additional design and construction services in connection with the Rose Hill Alley, Inlet, Sidewalk and Curb Ramp Improvement Project (Pro- ject No. 6930A-719-229) in an amount not to exceed $10,111.00.

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

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

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

On October 28, 2019, staff asked City Council to approve Amendment No. 1 for an estimated engineering fee not to exceed $12,200.00. City Council deleted the item from the agenda and directed staff to work with JEO to ensure the costs were accurate and appropriate with regard to the wall built in conjunction with the alley reconstruction. The construction project was not yet closed, so the exact actual additional engineering / construction administration cost was not known at the October 28, 2019 Council meeting. JEO has since calculated their actual costs associated with this project and the revised amount of the Amendment No. 1 is not to

exceed $10,111.00. Of the $10,111.00, a total of $1,294.50 is related to the review of the re- taining wall drawings. Because no retaining drawing review was included in the original JEO scope, City staff recommend that the full $10,111.00 amendment be approved.

The total contract, including Amendment No. 1, is not to exceed $79,129.00.

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

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

ALTERNATIVES: None recommended.

ATTACHMENTS: Resolution Amendment No. 1

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT WITH JEO CONSULTING GROUP, INC. FOR ADDI- TIONAL CONSTRUCTION SERVICES IN CONNECTION WITH THE ROSE HILL ALLEY, INLET, SIDEWALK AND CURB RAMP PROJECT (PROJECT NO. 6930A-719-229) IN AN AMOUNT NOT TO EXCEED $10,111.00.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that Amendment No. 1 to the Consulting Services Agreement, a copy of which is attached hereto and by this reference made a part hereof, with JEO Consulting Group, Inc. of South Sioux City, Nebraska, in an amount not to exceed $10,111.00 for additional construction services in con- nection with the Rose Hill Alley, Inlet, Sidewalk and Curb Ramp Project, be and the same is hereby approved.

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

PASSED AND APPROVED: November 18, 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: November 18, 2019 ACTION ITEM # 10A Janelle M. Bertrand, Human Resources Director FROM: Mark Simms, Utilities Director

Resolution amending the Position Classification Manual adopted by Reso- lution No. 91/T-9972 by approving and adopting an updated job description SUBJECT: for a Professional, Administrative, Technical, Supervisory, Executive and Council-appointed employee position. (Utilities Director, Class Code 6712)

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

RECOMMENDATION: Staff respectfully requests Council pass a resolution amending the Position Classification Man- ual adopted by Resolution No. 91/T-9972 by approving and adopting an updated job descrip- tion for the position of Utilities Director, Class Code 6712.

DISCUSSION: The job duties for this position have been updated by adding the requirement that the Director will be a Responsible Corporate Officer (RCO). This allows the Director the ability to execute documents related to the Renewable Fuels routine and special reporting responsibilities in or- der for compliance with the Environmental Protection Agency (EPA) regulations.

FINANCIAL IMPACT: None.

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

ALTERNATIVES: N/A

ATTACHMENTS: Resolution Utilities Director job description

RESOLUTION NO. 2019 - ______with attachment

RESOLUTION AMENDING THE POSITION CLASSIFICATION MANUAL ADOPTED BY RESOLUTION NO. 91/T-9972 BY APPROVING AND ADOPTING AN UPDATED JOB DESCRIPTION FOR A PROFESSIONAL, ADMINISTRA- TIVE, TECHNICAL, SUPERVISORY, EXECUTIVE AND COUNCIL-APPOINTED EMPLOYEE POSITION. (UTILITIES DIRECTOR, CLASS CODE 6712)

WHEREAS, the Position Classification Manual for Professional, Administrative, Technical, Supervisory, Executive and Council-appointed employees was adopted by Resolution No. 91/T- 9972 on June 10, 1991; 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:

Utilities Director, Class Code 6712; 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. 91/T-9972 be and the same is hereby amended by approving and adopting an updated job description for the position of Utilities Director, Class Code 6712, referred to in the preamble hereof, for Professional, Administrative, Technical, Supervisory, Executive and Council-appointed employees.

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

PASSED AND APPROVED: November 18, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

City of Sioux City, Iowa

Position: Utilities Director

Class Code Pay Range (Non) Bargaining Group 6712 E 2 PATS

FLSA Category Reports to Position Department/Division Exempt City Manager Utilities/Administration

Date Revised Date Adopted Approved Resolution No May 2010 June 14, 2010 2010-0433/June 14, 2010

PURPOSE OF POSITION:

Under general executive direction of the City Manager, plans and directs the progress and activities of the Utilities Department. This is a department director position with full responsibility for the direction, management and operation of the municipal water sys- tem; water pollution control and pumping plants; storm sewer collection systems; solid waste collection and disposal system; the air pollution monitoring program; and renew- able fuels. Through subordinate supervisors, direction is given to a staff of professional, technical, laborer, and clerical employees.

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.

• Advises and confers with division managers, supervisory and key technical personnel on problems related to all departmental activities. • Develops and monitors department administration budget; supervises other divisional and contract administration, operational and capital improvement budgets. • Reviews and analyzes methods, equipment used, and performance to find ways of in- creasing effectiveness, improving results, or affecting economies in operation and maintenance activities. • Oversees contracts for services with third party providers and ensures compliance. • Inspects projects and trouble areas to determine what work is needed and how it best can be accomplished. • Serves as a Responsible Corporate Officer (RCO); executes documents related to the renewable fuels reporting requirements. • Effectively collaborate with other departments within the City to accomplish goals. • Consults with subordinates on work problems, plans, blueprints, specifications, and oth- er working papers relating to proposed utility operations, construction, installation, and improvement projects. • Confers with the City Manager and elected and appointed officials on matters concern-

ing major environmental utility activities, and furnishes advice on environmental and utili- ty problems, and recommendations concerning departmental policies and procedures and other matters referred. • Confers with City officials, trustees representing utility bondholders, contractors and others in regard to the municipal water and sewer utility. • Prepares memoranda, staff reports, press releases and conducts correspondence rele- vant to activities of the department for transmission to citizens, media, city council, inter- est groups, and elected and appointed officials. • Maintains good public relations through courteous and prompt attention to all citizen re- quests for services directed to the Utilities Department. • Develops general policies in consultation with appropriate division managers for the ex- pansion, operation and maintenance of the various programs. • Evaluates employees’ performance, handles employee grievances and determines em- ployment actions. • Maintain regular and punctual attendance and working hours. • Regularly lifts up to 10 pounds and occasionally lifts up to 30 pounds. • Expected to temporarily perform duties outside of normal classification in the event of a declared emergency. In the event that an employee is excused from work other than be- ing sick, they will be required to report to work in a state of declared emergency.

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

Cognitive Demands, Skills and Abilities: 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 details 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 sentences.

Job Knowledge: Comprehensive knowledge of the materials, methods and practices neces- sary to the construction, operation, maintenance and repair of a water and sewer utility system; thorough knowledge of the principles, practices, methods, materials and equipment used in sewage and water treatment and pumping operations; thorough knowledge of the principles and practices of civil engineering as applied to the planning, location, construction, mainte- nance and repair of water mains and major water and sewage treatment facilities; thorough knowledge of the principles, practices, methods, materials and equipment used in wastewater treatment and collection, solid waste disposal and collection; good knowledge of the materials, methods and techniques utilized in the construction, maintenance and operation of public works projects; good knowledge of the principles of public relations and their application to public works activities; good knowledge of methods and practices of keeping records, cost estimates and accounts; ability to make decisions, recognizing established precedents and practices, and to use resourcefulness and tact in meeting new problems; ability to plan, assign, supervise and coordinate the activities of several divisions of the department, ability to determine long range needs for expansion and reconstruction and to plan and organize work for the efficient accom- plishment of such objectives; ability to establish and maintain effective working relationships with subordinates, officials, representatives of other agencies and the general public; good pro- fessional judgment.

Language Ability and Interpersonal Communication: Requires effective communication skills and the ability to provide assistance to customers (external and internal). Requires the ability to write and speak clearly, distinctly and effectively with fellow employees and the gen- eral public; read in English and compare similarities and differences between words and series

of numbers; apply common sense understanding to the work process, procedures, programs and services; and to provide and follow verbal and written instructions; ability to establish and maintain effective working relationships with City officials, City staff, business representatives, and other governmental agencies.

Physical Requirements: Regularly lifts up to 10 pounds and occasionally lifts up to 30 pounds.

Work Environment: Seventy percent of work is performed in a normal inside office environ- ment with appropriate heating and cooling and is not subject to significant occupational or envi- ronmental hazards other than those normally associated with general public contact, dust or odors. Plant and field conditions include varying weather conditions, environmental hazards, street level noises, odors, and dust. Travel in all types of weather extremes to attend training, meetings or conferences, and various work sites; must be mobile and able to visit work sites, complainants and businesses within the metro area. Thirty percent of work is outdoors or travel- ing under varying conditions.

Special Requirements: Possession of a valid Iowa driver’s license.

REQUIRED QUALIFICATIONS AND ACCEPTABLE EXPERIENCE/ TRAINING:

Graduation from an accredited four-year or university with major course work in biology, chemistry, engineering, environmental services, or related field necessary. P.E. licensure pre- ferred, but not required. Extensive experience in directing and managing water and/or waste water plants, supervising employees and contract management desired. Any equivalent combi- nation of experience and training which provides the required knowledge, skills and abilities.

PRE-EMPLOYMENT SCREENINGS:

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

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

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 18, 2019 ACTION ITEM # 10B Janelle M. Bertrand, Human Resources Director FROM: David Carney, Public Works Director Mark Simms, Utilities Director

Resolution amending the Position Classification Manual adopted by Resolu- tion No. 91/T-9972 by renaming the position, title and job description of Envi- ronmental Services Manager, Class Code 6678, to Environmental Services SUBJECT: Program and Development Manager, Class Code 6678; approving and adopt- ing an updated job description for said Environmental Services Program and Development Manager Position, amending the salary schedule and authoriz- ing said position in the Utilities Department and Public Works Department.

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

RECOMMENDATION: Staff respectfully requests Council pass a resolution renaming the position, title and job de- scription of Environmental Services Manager to Environmental Services Program and Develop- ment Manager and reassigning the position from a Pay Range S-23 to a Pay Range S-20.

DISCUSSION: Currently the department has an Environmental Services Analyst in the position complement which is responsible for these duties. Management has restructured the job duties for this program and wishes to use the Environmental Services Manager job classification. The du- ties have been edited to include a larger scope of the work performed and we have changed the title to Environmental Services Program and Development Manager.

Duties of this position will include many of the duties that were being performed by the Envi- ronmental Services Analyst, however it will enable the two Departments to expand upon the most critical functions of Stormwater Program Management to better achieve compliance with the federal MS4 Program requirements, Solid Waste Contract oversight, Grant writing and reporting, and Development Plans. This further enables the Utilities and Public Works De- partments to accomplish critical functions. The program management functions needed to effectively perform these duties are reflected in the revised job description.

For succession planning it is imperative we have job descriptions that articulate the qualifica- tions, competencies, knowledge, skills and abilities needed to perform the work in order to attract and retain personnel. As an organization we need to ensure appropriate job titles are in place which reflect the work assigned and performed.

FINANCIAL IMPACT: This position will be funded through the Utilities Department/Wastewater Treatment Plant. The Classification will be S-20 with a range of $68,446.61 to $95,839.19. The current vacancy in the budget complement in the\ Utilities Department is an Environmental Systems Analyst (D- 16) $52,656.96 - $73,719.88. We would like to replace the Environmental Systems Analyst FTE with the Environmental Services Program and Development Manager. There will be some added costs due to the higher salary range of this position. In FY20 these added costs will be offset by unexpended salary costs due to the current vacancy. Previously the Envi- ronmental Services Manager was a salary class S-23, however some of the functions of that position are no longer needed.

RELATIONSHIP TO STRATEGIC PLAN: Progressive Leadership

ALTERNATIVES: Defer approval of the position.

ATTACHMENTS: Resolution Job Description

RESOLUTION NO. 2019 - ______with attachment

RESOLUTION AMENDING THE POSITION CLASSIFICATION MANUAL ADOPTED BY RESOLUTION NO. 91/T-9972 BY RENAMING THE POSITION, TITLE AND JOB DESCRIPTION OF ENVIRONMENTAL SERVICES MANAGER, CLASS CODE 6678, TO ENVIRONMENTAL SERVICES PROGRAM AND DEVELOPMENT MANAGER, CLASS CODE 6678; APPROVING AND ADOPTING AN UPDATED JOB DESCRIPTION FOR SAID ENVIRONMENTAL SERVICES PROGRAM AND DEVELOPMENT MANAGER POSITION, AMENDING THE SALARY SCHEDULE AND AUTHORIZING SAID POSITION IN THE UTILITIES DEPARTMENT AND PUBLIC WORKS DEPARTMENT.

WHEREAS, the Position Classification Manual for Professional, Administrative, Technical, Supervisory, Executive and Council-Appointed Employees was adopted by Resolution No. 91/T- 9972 on June 10, 1991; and

WHEREAS, the City Council of the City of Sioux City, does believe that it is in the best interest of all concerned to amend the Position Classification Manual by renaming the position, title and job description of Environmental Services Manager, Class Code 6678, to Environmental Services Program and Development Manager, Class Code 6678 and approving and adopting an updated job description for said Environmental Services Program and Development Manager position; and

WHEREAS, the general statement of duties, distinguishing features of the class, example of work, required knowledge, skills and abilities, and acceptable experience and training are set forth in the job description of Environmental Services Program and Development Manager, Class Code 6678 and attached hereto marked Exhibit “A” and by this reference made a part hereof; and

WHEREAS, the City Council, pursuant to Resolution No. 2019-0437, established the salary schedule for Professional, Administrative, Technical, Supervisory, Executive and Council- Appointed employees; and

WHEREAS, it is necessary to amend the salary schedule by renaming and reassigning the position of Environmental Services Manager, Pay Range S-23 to Environmental Services Program and Development Manager, Pay Range S-20.

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. 91/T-9972 be and the same is hereby amended by renaming the position, title and job description of Environmental Services Manager, Class Code 6678, to Environmental Services Program and Development Manager, Class Code 6678 and approving and adopting an updated job description for said Environmental Services Program and Development Manager position.

BE IT FURTHER RESOLVED that the salary schedule adopted by Resolution No. 2019-0437 be and the same is hereby amended by renaming and reassigning the position of Environmental Services Manager, Pay Range S-23 to Environmental Services Program and Development Manager, Pay Range S-20.

BE IT FURTHER RESOLVED that the position of Environmental Services Program and Development Manager be added to the Utilities Department and Public Works Department and the Public Works Director and Utilities Director are hereby authorized to fill said position.

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

PASSED AND APPROVED: November 18, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

City of Sioux City, Iowa

Environmental Services Program & Develop- ment Manager

Class Code Pay Range Non-Bargaining Group 6678 S 20 PATS

FLSA Category Reports to Position: Department/Division: Exempt Public Works and Utilities Di- Utilities/Environmental Ser- rectors vices

Date Adopted Date Revised Approved Resolution No: October 2007 November 18, 2019 2007-0851/October 1, 2007

PURPOSE OF POSITION:

Under general direction of the Public Works and Utilities Directors, this position is re- sponsible for the review of all development plans, all storm water management facilities, review and approve all storm water pollution prevention plans, develops and manages environmental program concepts, rules and policies in program areas such as air quali- ty, water supply, integrated solid , hazardous waste technology, or underground storage tanks program; or biological/environmental management program.

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.

• Stormwater Program – Ensures compliance with Municipal Separate Storm Sewer Sys- tem (MS4) regulations specified as part of the City’s National Pollutant Discharge Elimi- nation System (NPDES) Permit; investigates, conducts studies, reports findings and ini- tiates enforcement to eliminate illicit discharges to the City’s storm sewer system. • Develops and manages policies, procedures, financial/technological resources, imple- mentation/evaluation methodologies and all aspects of the storm water program, illicit discharge and elimination, construction site erosion and sediment control ordinance program, post construction storm water management and pollution prevention pro- grams. • Review all submitted development plans to ensure conformance with current City De- sign Standards, including pavement, water utilities, sanitary sewer, storm water man- agement and storm water utilities. • Work to ensure all appropriate easement and maintenance documents are collected with all installed storm water management facilities are obtained. Oversee inspection of these facilities. • Coordinates, documents and analyzes watershed and sources water protection program activities that will benefit the city water and wastewater quality goals (source water and nutrients) with added benefit of improving water quantity locally and regionally.

• Coordination of multiple projects which require interactions with public and private enti- ties such as County Conservation Boards, Iowa Department of Natural Resources (IDNR), National Resources Conservation Services (NRCS), Iowa Agriculture and Land Stewardship (IDALS), Watershed Management Authority Coordinators, Iowa Flood Cen- ter, United States Geological Survey, (USGS), Iowa Soybean Association and other ag- riculture related organizations. • Formulates specifications, staff reports, informational memos and position papers on program areas. • Coordinates the request for proposal (RFPs) process for services needed to carryout program initiatives i.e. solid waste collection/disposal operation and collec- tion/disposal. Manages the contract(s) awarded at completion of RFP i.e. Solid Waste Collection & Disposal and others as applicable. • Coordinates the grant management process by tracking, reporting, coordinating and communicating with partners on related projects i.e. watershed projects. • Provides public education and outreach on associated programs. • Inspects projects and program activity areas to determine what work is needed and rec- ommends methods of accomplishment. • Represents the organization at various national, state and local meetings; functions as spokesperson for the division; act as staff liaison to the City Environmental Advisory Board. • Maintains good public relations through courteous and prompt attention to complaints by investigating, conducting studies and reporting on findings; maintains records and files related to such. • Assists in preparation and maintenance of multiple operating and capital budgets for the division. • Oversees and may negotiate Solid Waste Collection and Disposal operations and con- tracts, • Responsible for creating/submitting projects in IDNR Nutrient Exchange Registry. • Administer Utilities source water protection initiatives and programs. • Interprets and explains ordinances, codes and regulations to contractors, homeowners and interested parties. • Inspects projects for maintenance work required by post-construction site runoff policies. • Maintains regular and punctual attendance and working hours. • Regularly lifts up to 10 pounds and occasionally lifts up to 30 pounds. • Expected to temporarily perform duties outside of normal classification in the event of a declared emergency. If excused from work other than being sick, they will be required to report to work in a state of declared emergency.

MINIMUM PHYSICAL AND MENTAL ABILITIES 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 details at a distance, ability to identify and understand the speech of another person, ability to listen to and understand information and ideas present- ed through spoken words and sentences. Ability to quickly learn and use new skills and knowledge brought about by rapidly changing information and/or technology. Ingenuity and in- ventiveness in the performance of assigned tasks.

Job Knowledge:

Comprehensive knowledge of the materials, methods and practices necessary in the manage- ment, construction of building sites with a special emphasis on stormwater pollution prevention practices. General knowledge of environmental laws, regulations, requirements and programs such as Clean Water Act, National Pollutant Discharge Elimination System (NPDES) program, Standards Drinking Water Act, Nutrient Reduction Strategy (NRE) in Iowa, Regional Conserva- tion Partnership Program (RCPP), United States Department of Agriculture (USDA) and Iowa Department of Agriculture Land Stewardship (IDALS). General knowledge of municipality drink- ing water source protection programs and treatment options. Comprehensive knowledge of Best Management practices for reducing nutrients loss on agricultural land. Comprehensive knowledge of the materials, methods and practices necessary in the management, construc- tion, operation, maintenance and repair of sewer and solid wastes systems; thorough knowledge of the principles, practices, methods, materials and equipment used in wastewater treatment and collection, solid waste disposal and collection. Good knowledge of methods and practices of keeping records, cost estimates and accounts; ability to make decisions; ability to plan and coordinate the activities of divisions within the department; ability to determine long-range needs for expansion and reconstruction and to plan/organize their effective comple- tion; ability to establish and maintain effective working relationships with team members, public officials, agencies and the general public.

Language Ability and Interpersonal Communication:

Comprehensive knowledge of the materials, methods and practices necessary in the manage- ment, construction of building sites with a special emphasis on stormwater pollution prevention practices. Comprehensive knowledge of the materials, methods and practices necessary in the management, construction, operation, maintenance and repair of sewer and solid wastes sys- tems; thorough knowledge of the principles, practices, methods, materials and equipment used in wastewater treatment and collection, solid waste disposal and collection. Good knowledge of methods and practices of keeping records, cost estimates and accounts; recognize established precedence/practice, and resolve new problems with resourcefulness and tact; ability to plan and coordinate the activities of divisions within the department; ability to determine long-range needs for expansion and reconstruction and to plan/organize their effective completion; ability to establish and maintain effective working relationships with team members, public officials, agencies and the general public.

Physical Requirements:

Regularly lifts up to 10 pounds and occasionally lifts up to 30 pounds. Work and travel in vari- ous weather conditions and to various project sites. Ability to perform work in an outdoor field setting. Navigate job sites and construction areas. Traverse various types of terrain. Pro- longed periods sitting at a desk and working on a computer.

Work Environment:

Approximately sixty percent of work is performed in a normal inside office environment with ap- propriate heating and cooling and is not subject to significant occupational or environmental hazards, other than those normally associated with general public contact, dust or odors. Out- door field conditions with varying weather conditions and street level noises, and visiting loca-

tions within the community whose environment may differ from an office setting. Travel in all types of weather extremes to accomplish essential job functions; must be mobile and able to visit complainants and businesses within the area.

Special Requirements:

Must obtain the following:

• Certified Construction Site Pollution Prevention Inspector Certification within 5 months of date of hire. • Proof of attendance at a landfill operator training course within 12 months of date of hire. Possess a valid driver’s license from the State of Iowa or be able to obtain one within 3 months from date of hire.

REQUIRED QUALIFICATIONS AND ACCEPTABLE EXPERIENCE/ TRAINING:

Graduation from an accredited college or university, with a Bachelor’s degree in Ecology, Biolo- gy, Environmental Sciences, Soil Agronomy, Civil/Environmental Engineering or closely related field and 2-4 years of progressively responsible full-time experience with water or sewage sys- tem work, including experience in water, solid wastes and sewage treatment operations. Must have experience working in MS4 Programs and Procedures, with at least 1 year of experience in grant writing and administration.

A current Iowa Certified Construction Site Pollution Prevention Inspector certificate may be substituted for up to 25% of the required experience.

Or

Any equivalent combination of experience and training that provides the required knowledge, skills and abilities.

PRE-EMPLOYMENT SCREENINGS:

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

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

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 18, 2019 ACTION ITEM # 10C Janelle M. Bertrand, Human Resources Director FROM: Robert Padmore, City Manager

Resolution approving a Contract and Salary Schedule with the Sioux City SUBJECT: Professional Fire Fighters Association, Local 7, International Association of Fire Fighters for the period beginning July 1, 2020 and ending June 30, 2023.

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

RECOMMENDATION: Staff respectfully requests Council approval of the labor agreement between the City and the Sioux City Fire Fighters Association, Local No. 7 of the International Association of Fire Fight- ers representing fire employees.

DISCUSSION: The negotiations team has reached an agreement with the Sioux City Fire Fighters Associa- tion, Local No. 7 of the International Association of Fire Fighters for a three-year labor con- tract. This agreement is the result of collaborative efforts within the spirit of the resolution of support for City employees and the collective bargaining unit.

The agreement provides for a 2.50% wage increase for all pay grades for each year during the life of the contract.

FINANCIAL IMPACT: The budget provides the necessary funding for these recommendations.

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

ALTERNATIVES: Defer approval.

ATTACHMENTS: Resolution Signed Sioux City Fire Fighters Association, Local No. 7 of the International Association of Fire Fighters tentative agreement.

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING A CONTRACT AND SALARY SCHEDULE WITH THE SIOUX CITY PROFESSIONAL FIRE FIGHTERS ASSOCIATION, LOCAL 7, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS FOR THE PERIOD BEGINNING JULY 1, 2020 AND ENDING JUNE 30, 2023.

WHEREAS, the City Council of the City of Sioux City, Iowa, authorized and directed the City negotiating team to negotiate a collective bargaining contract establishing the wages and fringe benefits with the Sioux City Professional Fire Fighters Association, Local 7, International Association of Fire Fighters; and

WHEREAS, the parties have negotiated a tentative agreement listing the amendments and additions to the 2020-2023 contract which has been prepared covering the period from July 1, 2020 through June 30, 2023, which is attached hereto and by this reference incorporated herein; and

WHEREAS, the 2020-2023 salary schedule for the Sioux City Professional Fire Fighters Association, Local 7, International Association of Fire Fighters has been amended to reflect the same wage increase covering the period from July 1, 2020 through June 30, 2023.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the amendments and additions to the collective bargaining contract and salary schedule with the Sioux City Professional Fire Fighters Association, Local 7, International Association of Fire Fighters, referred to in the preamble hereof, be and the same are hereby approved.

BE IT FURTHER RESOLVED that upon preparation of the 2020-2023 contract setting forth said modifications, the City Manager and City Clerk be and they are hereby authorized and directed to execute said collective bargaining contract and salary schedule with the Sioux City Professional Fire Fighters Association, Local 7, International Association of Fire Fighters for and on behalf of the City of Sioux City, Iowa.

PASSED AND APPROVED: November 18, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

SIOUX CITY PROFESSIONAL FIRE FIGHTERS ASSOCIATION LOCAL NO. 7 OF THE international Association of Fire Fighters, AFL-CIO-CLC

ALSO AFFILIATED WITH P.O. BOX 1442 IOWA FEDERATION OF LABOR SIOUX CITY, IOWA 51102 NORTHWEST IOWA LABOR COUNCIL "rs,4A&Irt, Initial Contract Proposal November 06, 2019

Appendix A, Fire Fighter Salary Schedule (amend as follows): The following is based on a three year contract.

Starting 7/1/20 — 2.50% wage increase for all pay grades 7/1/21 — 2.50% wage increase for all pay grades 7/1/22 — 2.50% wage increase for all pay grades

Article XXVI Duration of Agreement, 26.01 Term: This agreement and any written amendment made annexed hereto shall become effective on July 1st, 2020 and shall continue in full force until midnight, June 30, 2023, and unless written notice is given between August 1, 2022 and September 1, 2022, by either party requesting a change or termination of the same and the party requesting a change or termination shall no later than September 10,2022, serve upon the other party clear and specific demands relating to changes requested. Negotiations on Impasse procedures shall commence no later than September 15, 2022.

In the event that the city fails to accept this offer of the Union in total, the Union explicitly reserves the right to alter, withdraw, add to, or amend any part of, or the entire proposal.

Robert K. Padmore

Lenny Kraker Michael Galloway

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 18, 2019 ACTION ITEM # 11A Stan LaFave, Facilities Maintenance Supervisor FROM: Mike Collett, Assistant City Manager

Resolution approving payment to Certified Testing Services, Inc. of Sioux City, Iowa in the amount of $476.00 for final observation, labor, and material SUBJECT: for testing and inspection services in connection with the Convention Center Parking Deck Project (Project No. 6936-663-239)

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

RECOMMENDATION: Staff respectfully request the City Council approve payment to Certified Testing Services, Inc. in the amount of $476.00 for final observation, labor, and material for testing and inspection services in connection with the Convention Center Parking Deck Project (Project No. 6936-663-239).

DISCUSSION: A contract was awarded to K&S LLC dba Nelson Construction & Development on July 23, 2018, pursuant to Resolution No. 2018-0584, in the amount of $3,762,000.00 for the construc- tion of a new Parking Structure located at 425 Virginia Street. (Project No. 6936-663-239).

Observation and testing of construction activities involved in the foundation, earthwork and re- lated activities of this project fall under the City of Sioux City to administer as these services were not part of Nelson Construction & Development’s contract. Payment of Invoice No. SC40040 from Certified Testing Services, Inc. will close the contract for these services for this project.

Below is a summary of the project:

Invoices of Project Summary: See attached sheet

FINANCIAL IMPACT: This project is funded using GO Bonds under CIP No. 663-239 Reinvest District Convention Center Hotel.

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

ALTERNATIVES: None

ATTACHMENTS: Resolution Email dated November 4, 2019 Invoice No. SC40040 Tabulation Sheet

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING PAYMENT TO CERTIFIED TESTING SERVICES, INC. OF SIOUX CITY, IOWA IN THE AMOUNT OF $476.00 FOR FINAL OBSERVATION, LABOR, AND MATERIAL FOR TESTING AND INSPECTION SERVICES IN CONNECTION WITH THE CONVENTION CENTER PARKING DECK PROJECT (PROJECT NO. 6936-663-239)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the Director of Finance be and she is hereby authorized and directed to issue a check from the proper fund payable to Certified Testing Services, Inc. of Sioux City, Iowa in the amount of $476.00 as shown on Invoice No. SC40040, a copy of which is attached hereto and by this reference made a part hereof, for final observation, labor, and material for testing and inspection services in connection with the Convention Center Parking Deck Project.

PASSED AND APPROVED: November 18, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

Certified Testing Services, Inc. P.O. Box 1193 Invoice Sioux City, IA 51102 (712) 252-5132 Invoice Date: Invoice #:

10/31/19 SC40040

Bill To: Mr. Stan LaFave City of Sioux City Building & Grounds P.O. Box 447 Sioux City, IA 51102 Project: Location: 12195-Convention Center Parking Deck Sioux City, IA

Date Description Quantity Unit Rate Amount

10/01/19Compressive Strength Cylinders 1 14.00 14.00 10/01/19 Entry & Curing Charge for Spare 1 9.00 9.00 10/02/19Compressive Strength Cylinders 2 14.00 28.00 10/02/19 Entry & Curing Charge for Spare 1 9.00 9.00 10/04/19Compressive Strength Cylinders 1 14.00 14.00 10/04/19 Entry & Curing Charge for Spare 1 9.00 9.00 10/07/19Compressive Strength Cylinders 1 14.00 14.00 10/07/19 Entry & Curing Charge for Spare 1 9.00 9.00 10/07/19Trip Charge 1 25.00 25.00 10/07/19 Concrete Technician-Per Hour 0.5 64.00 32.00 10/09/19Compressive Strength Cylinders 1 14.00 14.00 10/09/19 Entry & Curing Charge for Spare 1 9.00 9.00 10/15/19Compressive Strength Cylinders 1 14.00 14.00 10/15/19 Entry & Curing Charge for Spare 1 9.00 9.00 10/15/19Trip Charge 1 25.00 25.00 10/15/19 Concrete Technician-Per Hour 0.5 64.00 32.00 10/16/19Compressive Strength Cylinders 3 14.00 42.00 10/17/19 Trip Charge 1 25.00 25.00 10/17/19Concrete Technician-Per Hour 0.5 64.00 32.00 10/21/19 Compressive Strength Cylinders 1 14.00 14.00 10/21/19Entry & Curing Charge for Spare 1 9.00 9.00 10/23/19 Compressive Strength Cylinders 3 14.00 42.00 10/24/19Compressive Strength Cylinders 1 14.00 14.00 10/24/19 Entry & Curing Charge for Spare 1 9.00 9.00 10/25/19Compressive Strength Cylinders 1 14.00 14.00 10/25/19 Entry & Curing Charge for Spare 1 9.00 9.00

Final Invoice for this Project Subtotal $476.00

Payment terms net 30 days. A service charge of 1.5% per month which is an annual percentage rate of 18% will be added to all past due accounts. Sales Tax (0.0%) $0.00

Balance Due $476.00 Phone # 712-252-5132 CERTIFIED TESTING SERVICES, INC. PARKING DECK TABULATION Date Invoice No. Amount Total 10/31/2018 SC38419 $ 7,727.00 $ 7,727.00 11/30/2018 SC38542 $ 3,413.00 $ 11,140.00 12/28/2018 SC38678 $ 1,649.00 $ 12,789.00 1/31/2019 5C38746 $ 2,195.00 $ 14,984.00 2/28/2019 SC38807 $ 1,518.00 $ 16,502.00 3/30/2019 SC38898 $ 921.00 $ 17,423.00 4/30/2019 SC39023 $ 1,055.00 $ 18,478.00 5/31/2019 SC39174 $ 1,315.00 $ 19,793.00 6/30/2019 SC39357 $ 840.00 $ 20,633.00 7/31/2019 SC39547 $ 3,005.00 $ 23,638.00 8/31/2019 SC39690 $ 3,055.00 $ 26,693.00 Council Approval 10.14.19 Resolution No. 2019-0851 9/30/2019 SC39837 $ 1,878.00 $ 28,571.00 Council Approval 10.14.19 Resolution No. 2019-0851 10/31/2019 SC40040 $ 476.00 $ 29,047.00 Pending Council Approval November 18, 2019 (FINAL)

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 18, 2019 ACTION ITEM # 11B FROM: Gordon Phair, City Engineer

Resolution accepting the work, and authorizing final payment to KP Con- SUBJECT: struction, Inc. for the Martin Building Areaway Improvements Project (Pro- ject No. 6823-663-040).

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

RECOMMENDATION: Staff respectfully requests Council approve the resolution accepting the work, and authorizing final payment in the amount of $14,350.70 now and $25,911.70 in thirty days to KP Construc- tion, Inc. of Sergeant Bluff, Iowa for the Martin Building Areaway Improvements Project (Project No. 6823-663-040).

DISCUSSION: A contract was awarded to KP Construction, Inc. of Sergeant Bluff, Iowa on February 11, 2019, under Resolution No. 2019-0118 for a contract amount of $504,824.50. The work has been completed and approved by City staff.

This project included building a new interior wall, filling the areaway in, and reconstruction of the sidewalk and a portion of the parking lane in front of the Martin building on Pierce Street. Windows in the alley on the north wall of the building were also replaced with brick.

Below is a summary of the project:

Original Contract Amount: $504,824.50

Change Order No. 1 Summary: $13,409.50 The change order, attached for approval by Council, included additional ceiling removal in the sprinkler room, subgrade treatment and modified subbase due to wet soils caused by leaking water service, sidewalk repair, storm sewer repair, and final quantity adjustment. There were also ten and one half working days of liquidated damages in the amount of $10,500 included in the change order.

Final Construction Cost: $518,234.00 The final construction cost for this project is $518,234.00 which is 2.7% above the original con- tract amount.

FINANCIAL IMPACT: This project is funded using General Obligation Bonds under CIP 663-040 “Martin Building Renovations”. The project currently has an available balance of $-31,682.85. Additional Funds are budgeted in fiscal year 2021 to cover the short falls.

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

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

ATTACHMENTS: Resolution Change Order No. 1 Engineer’s Statement of Final Acceptance Final Payment Application

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION ACCEPTING THE WORK, AND AUTHORIZING FINAL PAYMENT TO KP CONSTRUCTION, INC. FOR THE MARTIN BUILDING AREAWAY IMPROVEMENTS PROJECT (PROJECT NO. 6823-663-040).

WHEREAS, on February 11, 2019, Sioux City, Iowa entered into a contract with KP Construction, Inc. of Sergeant Bluff, Iowa for the Martin Building Areaway Improvements Project within the City as therein described; and

WHEREAS, said contractor has satisfactorily completed the construction of the project in accordance with the terms and conditions of said contract and the plans and specifications as shown by the engineer's report filed with the City Clerk on November 18, 2019, and attached hereto and made a part hereof; and

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

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

A. The said report of the Engineer, be, and the same is hereby approved and adopted and the project is hereby approved and accepted as having been fully completed in accordance with the said plans and specifications and contract and the total project cost of the project under said contract is hereby determined to be $518,234.00 as shown in said report of the Engineer.

B. The Director of Finance be, and she is hereby authorized and directed to issue a check in the amount of $14,350.70 now and in the amount of $25,911.70 in thirty days provided there are no liens or claims against retainage on file, payable from the appropriate fund in favor of KP Construction, Inc. for the construction of the project.

PASSED AND APPROVED: November 18, 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: November 18, 2019 ACTION ITEM # 12 FROM: Donna Forker, Finance Director

Approve total payments issued for the reporting period of October 2019, in SUBJECT: the amount of $17,618,089.71 and fund transfers for the reporting period of October 2019

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

RECOMMENDATION: Staff respectfully requests the Council to approve the total payments issued for October 2019 and fund transfers for October 2019 on Monday’s Agenda.

DISCUSSION: The Finance Department has on file a list of gross cumulative payments paid to each separate accounts payable vendor on a monthly basis. This listing is available for Council Members’ perusal. On your agenda for Monday is a total amount of these payments for City Council ap- proval. The day after the Council meeting, the Finance Department files the list with The Sioux City Journal for publication.

Detailed information on these listed payments can be found in the Finance Department. This department keeps a weekly claim register, which lists vendor name, vendor number, and ac- count code. Any question from Council members or citizens concerning vendor payments are easily answered using a cross-reference system on the mainframe computer, which searches information on vendor payments.

Effective April 13, 2019, the City Finance Committee approved changes to Administrative Rules code 545-2 requiring greater disclosure for all transfers. A listing of all fund transfers from October 2019 are included for review and approval. See transfer listing attached.

FINANCIAL IMPACT: None

RELATIONSHIP TO STRATEGIC PLAN: This action shows the City’s effort to maintain sound fiscal policy in dealing with the City’s budget and financial assets and relates to the Trust and Open Communication values in the strategic plan.

ALTERNATIVES: Under the Code of Iowa, all checks issued must be approved by the City Council.

ATTACHMENTS: Transfer listing:

Transfer Transfer Transfer In Transaction Date Out Fund Transfer Out Fund Description Fund Transfer In Fund Description Transfer Description Transfer amount Oct 11, 2019 605 Comprehensive Insurance 609 CMG EquipmentReplacement Transfer w/BA#3188 12,560.00 Oct 11, 2019 301 MiscellaneousImprovements 609 CMG EquipmentReplacement Transfer W/BA#5145 378,888.00 Oct 11, 2019 101 General Fund 401 Debt Service Fund Transfer w/BA#4958 176.00 Oct 11, 2019 301 MiscellaneousImprovements 609 CMG EquipmentReplacement Transfer w/BA#2555 624,639.00 Oct 4, 2019 221 Events Facilities Adv Brd 717 SC Sports Commission Sports Authority Grant 12,500.00

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 18, 2019 ACTION ITEM # 13 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. Courtyard by Marriott Hotel & Conference Center, 801-901 4th Street (New) 2. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry- out) A. Minerva’s of Sioux City, 2945 Hamilton Boulevard (Renewal) B. RNavarrete’s Mexican Food, 2421 Riverside Boulevard (Renewal) SUBJECT: C. Townhouse Pizza & Lounge, 2701 Floyd Boulevard (Renewal)

B. OFF PREMISE SALES

1. CLASS B WINE PERMIT (wine only) A. Central Mart I, 2501 Floyd Boulevard (Renewal) 2. CLASS C BEER PERMIT (beer/wine coolers) A. Central Mart, 1203 Tri View Avenue (Renewal) B. Central Mart I, 2501 Floyd Boulevard (Renewal) C. Sarg’s Mini Mart, 2329 West 2nd Street (Renewal) 3. CLASS E LIQUOR LICENSE (liquor only) A. Central Mart, 1203 Tri View Avenue (Renewal) B. Central Mart I, 2501 Floyd Boulevard (Renewal)

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

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

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

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

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

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

RELATIONSHIP TO STRATEGIC PLAN: Health and Safety Vision - We will enhance public health and safety by maximizing the utiliza- tion of technology, improved community engagement, and improved communications and 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 October 17, 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 Gail Ament Al Harris-Fernandez, director Robert Gillespie Kjersten Welch, recording sec’y Terri McGaffin Michael McTaggart, chair Nan Wilson BOARD ABSENT Steve Kammerer Peggy La

1. CALL OF THE ROLL Meeting was called to order at 12:01 p.m. with chair Michael McTaggart, Gail Ament, Robert Gillespie, Terri McGaffin and Nan Wilson in attendance.

2. Closed Session – Terri McGaffin made a motion to enter closed session to discuss committee recommendations regarding a job interview, seconded by Robert Gillespie; all present voting aye. Closed session began at 12:03 p.m.

3. Personnel Hiring – Open session resumed at 12:16 p.m. Gail Ament made a motion that the Art Center Board of Trustees recommend the hiring of Todd Behrens as Art Center director, ef- fective January 3, 2020, seconded by Nan Wilson; all present voting aye. Michael McTaggart and Terri McGaffin will meet with the City of Sioux City Human Resources director to discuss procedures going forward in the hiring process.

4. Reading of Minutes of August 15, 2019 – The minutes were reviewed. Gail Ament made a motion to approve the minutes, Robert Gillespie seconded; all present voting aye.

(Gail Ament exited at the meeting at 12:29 p.m.)

5. Financial Reports – Art Center Director Al Harris-Fernandez reported that 33 percent of the current fiscal year has lapsed, while 25 percent of the Art Center and 17 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 report, seconded by Nan Wilson; all voting aye.

As part of the FY 2020-2021 general operating budget an improvement request to change staff title and pay range was submitted. The capital improvement project budget has also been sub- mitted.

6. Building and Properties Report – The parking lot has had striping and a “Slow” sign painted. The exterior window washing has been completed. The Art Center’s library is in the process of being moved to its new location. Work continues with fine tuning the newly opened galleries and Hands On! Gallery.

7. Personnel and Policies Report – Simone Whitlock has been hired as education assistant, an Art Center Association-paid position.

8. Attendance Report – The attendance report was reviewed.

9. Discussion of Agenda Items for Next Meeting – No agenda items were added.

10. Other Business – A grand reopening open with opening exhibition reception and Arti- licious were held within the past few weeks. The Art Center collaborated with the Sioux City and hosted a family story time on October 5. A free pumpkin painting workshop and opening reception for the Bilhenry Walker exhibition will be October 19.

11. ADJOURNMENT

There being no further business, the meeting was adjourned at 12:57 p.m. on a motion by Terri McGaffin, seconded by Robert Gillespie; all voting aye.

Respectfully submitted: Kjersten Welch, Recording Secretary

BOARD OF ADJUSTMENT ABBREVIATED MEETING MINUTES September 24, 2019

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

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

Ross called the meeting to order at 5:38 p.m., and read the opening statement explaining the procedure. He then introduced the Board members and City staff to the audience. The Board was asked if any had contact with the owner, petitioner, agent, or anyone listed on the notifica- tion list regarding the agenda items.

Agenda Item 2019-0065: Requested Conditional use permit pursuant to section 25.02.190.14 of the Municipal Code for property located at 4600 48th Street (Petitioner: Lowell Krediet)

Chris Madsen presented the conditional use permit. This is for a one-year extension on a bor- row pit at the site. Madsen gave the history of the CUP which was originally approved in 2010. Extensions were granted in 2013 (one year), 2014 (two years), and 2017 (two years) bringing us current. After the grading is complete, the land must be grassed for two years before any farm- ing can take place. There is very little activity with only 10 trucks per week leaving the site. Madsen stated, at this time staff will recommend approval.

O’Neill asked, with the long history on this borrow pit, do we just keep approving them. Madsen stated that with approving for only one year we can review regularly. We can choose to deny at a future date if there are complaints or the petitioner is not complying with the rules. Stewart wanted to know if there have ever been any complaints on the site. Madsen stated not to his knowledge unless they went directly to the environmental staff. Stewart inquired about the noti- fication that was sent out. Madsen stated 8 notices were sent within the notifications area (200 feet plus right-of-way), with no comments returned.

Petitioner: Lowell Krediet (150 Firethorn Trail, Dakota Dunes, South Dakota) stated that he had hoped to have this completed, but due to the wet weather, he had been unable to do so. He stated that he wants to take out the harsh edge that is still there so that the land can be farmed without any danger to the farmer or their equipment. Krediet stated that he hopes to have it completed around November of this year, weather dependent.

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

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

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

There being no further business, the meeting was adjourned at 5:48 p.m.

Submitted by Larissa Carrell

______CHAIR PLANNING DIRECTOR

CIVIL SERVICE COMMITTEE SPECIAL MEETING MINUTES Tuesday, October 22, 2019

A meeting of the Civil Service Commission was held at 12:00 p.m., City Hall, 2nd Floor Confer- ence Room, 405 6th Street, Sioux City, IA 51101.

COMMISSION PRESENT STAFF PRESENT Dr. Hanson, Cyndi - Chair McElhose, Theodora - Clerk to the Commission Dr. Tidwell Jr., Ken Bertrand, Janelle - Human Resources Director Mellang, Brad Hegarty, Amber - Assistant City Attorney II Mackey, Karen - Human Rights Director Barbagallo, Kim - Administrative Secretary COMMISSION ABSENT Bertrand, Lisa – Excused OTHERS PRESENT Pearson, Sandra Groetken, Pete - Council Member

1. CALL OF THE ROLL:

Commissioner Hanson moved to call the Civil Service Commission meeting to order at 12:25 P.M.

Mellang – aye; Hanson – aye; Tidwell - aye.

2. APPROVE CHANGES TO THE TESTING PROCESS FOR POLICE LIEUTENANT; A CHANGE FROM WRITTEN TEST & ORAL EXAMINATIONS TO ASSESSMENT CENTER:

McElhose explained the difference between the old test and the new proposed test. Current- ly about 8 candidates have expressed interest in testing which might take up to 2 hours per candidates. More candidates might have a change of heart and apply. Hegarty explained that the position will not be posted in the Sioux City journal because of costs. There is no state requirement for the City to post in the journal.

Hanson asked if there were any questions. None.

Hanson asked if there was a motion to approve the proposed testing process.

Mellang made a motion to approve the testing process as presented. Tidwell second.

Mellang – aye; Hanson – aye; Tidwell - aye.

3. REVIEW AND ACTION UPON PROPOSED CANDIDATES FOR EMPLOYMENT IN THE POLICE DEPART- MENT; CANDIDATES # 4 AND #12:

Item was not acted on because the agenda did not reflect that candidates had requested for a closed session. Item will be discussed at the next meeting.

4. REVIEW OF MINUTES OF THE MEETING OF SEPTEMBER 10, 2019 AND OCTOBER 01:

Minutes were reviewed and no additions or corrections. None.

5. OTHER BUSINESS:

Hanson followed up about the policy regarding attendance that was discussed at the last meeting. Hegarty provided City Ordinance Chapter 2.66.0660 Term of Office, Vacancies and Compensation. Hanson asked what is defined as excused and non-excused absence. Hegarty said Hanson and the Committee can determine what is excused and is non- excused.

Tidwell followed up on the 12-year look back if there has been any update. Hegarty is work- ing with the City Attorney and the Assistant City Attorney II.

6. ADJOURNMENT:

There being no further business, the meeting was adjourned at 12:37 p.m.

______Clerk of Commission Chairperson

EFFECTIVE FISCAL AND PUBLIC POLICY COMMITTEE REGULAR MEETING MINUTES June 12, 2019

The Effective Fiscal and Public Policy Committee met at 4:00 p.m. in the Pre-Council Confer- ence Room, City Hall, 405 - 6th Street, Sioux City, Iowa, at which time the following items were discussed.

MEMBERS PRESENT MEMBERS ABSENT STAFF Michael Bayala Tom Baurichter Donna Forker Dee Davis Marisa Cummings Adam Johnson Taylor Goodvin Jim Johnson Alex Watters OTHER Dick Salem Jonathan Smith

Call to Order The meeting was called to order at 4:03 p.m.

Minutes A. Johnson motioned and Smith seconded the approval of the minutes of May 8, 2019; all voting aye.

Parking Rate Increases The parking fund analysis was provided and the projected rate changes were discussed. Vari- ous models of parking enforcement were reviewed. Salem motioned and A. Johnson seconded the recommendation that the City moved to a parking enforcement model currently used by the City of Davenport, Iowa; all voting aye.

Sewer Rate Increases The sewer fund analysis was provided and discussion was held on the intent to implement the Cost of Service Study within the framework of the sewer rate increases.

Adjournment There being no further business, the meeting was adjourned at 4:47 p.m., on motion by J. John- son, second by Salem; all voting aye.

HISTORIC PRESERVATION COMMISSION MEETING MINUTES September 3, 2019

A meeting of the Sioux City Historic Preservation Commission was held this date at 4:00 p.m. at City Hall, 405 6th St. in the Pre-Council Chambers, 5th Floor.

MEMBERS PRESENT MEMBERS ABSENT GUESTS STAFF Mark Custer Anna Vestweber Owner Representative, Erin Berzina Adam Fullerton Dakota Kenney Siouxland Signs Amy Macfarlane John Vodochodsky Doug Strohbeen

1. Call to Order Mark Custer, Vice-Chair, called the meeting to order at 4:31 p.m.

2. Approve minutes for the July 2, 2019 meeting Strohbeen (Macfarlane) recommended approval of the minutes from the April 2, 2019 meet- ing. All present voted aye. (4-0)

3. Historic Pearl District Sign Review a. 201-209 4th Street Wall Sign and Mural (Bergie’s Bar) Siouxland Signs presented information on a new wall sign and mural at Bergie’s Bar lo- cated at 201-209 4th Street. The mural will be located on the west wall and will be ap- plied to a durable, aluminum material that can be removed to address vandalism and/or maintenance issues. The wall sign above the mural provides a dark background with red letters. Macfarlane (Strohbeen) moved to approve the sign as submitted. All present vot- ed aye. (4-0)

4. Old Business a. Financial Report – History of Revenue and Expenditures This item will be discussed at a future meeting. Larissa Carroll will complete the History of Revenue and Expenditures reporting. b. Sign Guide for Historic Districts Staff continues to make edits to the document and will present at the next meeting.

5. New Business a. Monthly Financial Report Erin Berzina stated the current balance is $10,269.79. Outgoing payment of $154.08 to Weebly for the annual website fee.

b. Regional HPC Meetings Discussion Macfarlane volunteered to facilitate the next regional meeting of Historic Preservation Commissions to be hosted in Sioux City this fall. She suggested adding the Yankton His- toric Preservation Commission to the regional effort.

c. City Council Quarterly Report Recap The Commission would like to defer this item to the October 3rd meeting so John can present the recap.

d. CLG Grant Update and Timeline for Future Funds

Berzina reported on several conversations with Paula Mohr, State CLG Coordinator, from the State Historic Preservation Office to gain guidance and understanding of the process to create a downtown historic district and/or smaller area historic district in Sioux City. Staff also checked with two local architects to determine how much a downtown historic survey and National Register of Historic Places nomination might cost. One ball- park estimate for an overview walking survey of downtown buildings was estimated at $1,085 per building for survey and research. Custer shared concerns that if the City con- tinues implementing smaller historic districts with different design standards, as Historic Fourth and Historic Pearl have conflicting standards, there could be numerous design standards throughout the downtown. If the design standards for Historic Fourth would be guaranteed to be implemented for each new historic district created, Custer may be in support of creating smaller districts. If those design standards are not guaranteed, the Commission may not support moving forward with any historic district concept. Staff suggested inviting Paula Mohr and/or Steve King of the State Historic Preservation Of- fice and Bob Scott to a special meeting to talk through the process of a downtown histor- ic district in Sioux City. Custer suggested moving forward with a local historic district if a federal/state historic district is not going to be feasible. The group talked about the Vogel study and lack of accuracy, and Staff informed that the Vogel study also utilized a CLG grant. A discussion of past mistakes and how to avoid those mistakes going forward would be very beneficial.

6. Committee Reports a. Website Update: No additional update. b. : No additional update. c. Placard List/Properties of Interest: No additional update. d. Downtown Historic District Sub-Committee No additional update.

7. Announcements / Other Business Strohbeen suggested that someone facilitate the moving of the Abraham Lincoln statue and perhaps the mural in the Castle on the Hill to the museum, as the Castle Associa- tion may soon not be located in the building. Their lease has not been renewed.

The City Clerk has not received any new member applications and there are two unfilled posi- tions. Strohbeen noted two acquaintances that are interested in applying.

Fullerton (Macfarlane) moved to adjourn the meeting at 5:03 p.m. All present voted aye. The next scheduled meeting will be held at City Hall Pre-Council Chambers, on Tuesday, October 1, 2019 at 4:00 p.m.

______-or- ______John Vodochodsky, Chair Mark Custer, Vice-Chair

HISTORIC PRESERVATION COMMISSION MEETING MINUTES October 1, 2019

A meeting of the Sioux City Historic Preservation Commission was held this date at 4:00 p.m. at City Hall, 405 6th St. in the Pre-Council Chambers, 5th Floor.

MEMBERS PRESENT MEMBERS ABSENT GUESTS STAFF Mark Custer Mike Collett Erin Berzina Adam Fullerton Airport Director Larissa Carrell Amy Macfarlane Dan Moore Doug Strohbeen City Council John Vodochodsky Bill Burrows Dakota Kenney Anna Vestweber

1. Call to Order John Vodochodsky, Chair, called the meeting to order at 4:02 p.m.

2. Approve minutes for the September 3, 2019 meeting Strohbeen (Vestweber) recommended approval, with corrections, of the minutes from the September 3, 2019 meeting. All present voted aye. (7-0)

3. Historic Airport Chapel Relocation Mike Collett (Guest) spoke to the group on the historic airport chapel relocation. The chapel is underutilized and needs some repair. A previous Airport Board of Trustees voted to de- molish the structure 5-6 years ago, but that decision has been reversed and the current Board would like to relocate the structure in order to clear the land for future development options. Collett worked with the FAA, the SHPO and other federal agencies to achieve a memorandum of agreement between the agencies to move the structure and potentially sell the land for the last several years. Moore has been a supporter of the moving and restora- tion of the chapel. The City approached the Mid America Museum of Aviation & Transporta- tion to accept the chapel on their land. They voted not to acquire and move the chapel due to cost of moving and upkeep of the building. However, moving the chapel to that location may still be a possibility in the future with funding help. The estimated cost to move the chapel is $25,000. There are no current plans to sell the piece of land for development but this process will help the development of the property when an opportunity arises. Vodo- chodsky asked what the Commission can do to help. Dan Moore (Guest) asked for the Commission’s support to move the chapel at the appropriate time to another location. Bur- rows (Guest) asked if the chapel originally carried a specific denomination. Custer respond- ed that most chapels on military bases are non-denominational. Strohbeen (Custer) moved to support the effort to relocate and restore the historic airport chapel and to submit a letter of support stating such to the Airport Board of Trustees and the City Council. Staff will draft a letter of support for the Commission’s review and approval. Vestweber asked if the chapel land was being considered because of its value or if it was going to be used as a park or some other purpose. Collett responded that that land is being considered for future devel- opment because of the location and development potential. All present voted aye. (7-0) Bur- rows inquired if the space available after the chapel is moved could be used for an indigent housing or detox center. He also asked if the EPA is still monitoring the WWII fuel storage tanks at that location. Collett responded that the monitoring period is nearly closed because of lack of activity. However, the EPA monitoring area is not located near the chapel land.

4. Old Business a. Financial Report – History of Revenue and Expenditures Carrell presented information on the last three years’ withdrawals and deposits. It has been a labor-intensive process. The final balance is accurate. She suggests moving the HPC funds from the current private city line item to a standalone bank account with a lo- cal bank in order to keep better track of withdrawals and deposits. She provided an ex- ample of what the city’s financial printouts look like and the hundreds of line items in the city’s system. More details on transactions would be very helpful to ensure HPC funds are not mistakenly drawn for another project. Carrell is willing to continue as the staff treasurer of the account. Staff will research bank options and speak with the City Fi- nance department on a transition process. b. Sign Guide for Historic Districts Staff gathered comments from the Zoning Enforcement Officer, Ron Kueny, on the sign guide. Kueny provides sign permit reviews and approvals for all sign applications. He provided minor comments and signed off on the guide. There was discussion that this sign guide is not meant to cover murals. Murals will be reviewed separately from signs in historic districts. The group will vote on the sign guide at the November meeting.

5. New Business a. Monthly Financial Report Erin Berzina stated the current balance is $10,269.79.

b. Regional HPC Meetings Discussion Macfarlane is in the process of setting the next regional meeting. It is proposed to be held in early-mid November, before the holidays. The group discussed some possible locations to hold such a large group for lunch to include City Hall Lower Level or Council Chambers to cater. Once a group size is estimated, a location can be chosen and Car- rell will help coordinate the food order.

c. City Council Quarterly Report Recap Vodochodsky provided a summary of the City Council Quarterly Report given at the Sep- tember 23rd City Council meeting. He gave an update of progress on the items discussed at the March Joint City Council meeting. Custer will provide the next update to the City Council after the holidays in January. The City Council seemed very responsive to the group’s idea to use city funds to match state grants to hire a consultant for the downtown district survey project. The group discussed the city’s procurement process and the need to monitor the consultant selection process, and establish a system where the consultant provides updates prior to payments for the project. A prior downtown historic district sur- vey was not completed satisfactorily and the group insists that there be measures in place to negate that risk.

6. Committee Reports a. Website Update: No additional update. b. Social Media: Kenney asked if there are certain guidelines to follow when posting to the Historic Preservation Commission Facebook page. Staff and the Commission will pro- vide more content for Kenney to post. c. Placard List/Properties of Interest: Staff provided the placard list for August and Sep- tember. Very few properties have been red-tagged since the beginning of September. d. Downtown Historic District Sub-Committee

Vestweber asked if there is a process written down on how to research a historic build- ing to determine its significance. Custer will draft a process and send to Vodochodsky to review. The process is straightforward but can be very tedious.

7. Announcements / Other Business Macfarlane mentioned that today is the deadline to RSVP for the City Volunteer Appreciation Dinner on October 10th at the Sioux City Convention Center. Please RSVP to Heidi Farrens if you plan to attend.

Vodochodsky mentioned that he and Jeff Buckman from the Scottish Rite (801 Douglas St) spoke about the Local Landmark nomination form for the building that has been through one SHPO review and has stalled. Vodochodsky will follow up with Jim Jung, the original nomination author, to see if this is a project he would still like to pursue or if he would like the group to pro- ceed with a resubmittal of the application. Vodochodsky also said he would be happy to arrange a tour of the Scottish Rite for the group.

Strohbeen mentioned the old Jewish Orthodox Church on the southeast corner of 14th St/Nebraska St and wonders if it is being cared for by the owner since it is currently presumed vacant. He was also concerned about the Jewish Community Center on the northwest corner of the same intersection and the brick being painted black and the painting left incomplete. He wonders if there is an enforcement action to be taken with the new owner of that building.

Strohbeen updated the group on the status of the Lincoln statue located in the old Central High School building. The Castle on the Hill Association approached Steve Hanson (Sioux City Public Museum) to donate the statue to the museum to display. Hanson agreed to house the statue but he could not guarantee permanent display. The Association would rather have it on permanent display in the City Hall atrium space. The Association is scheduled to end their lease at the old Central High School on December 31st. They would like to renew the lease but it is still pending. The large murals in the hall may also be proposed to be relocated. The murals are on canvas and are very large, but moveable. Staff will check with the City Manager’s office to see if it may be placed in city hall. Vestweber suggested checking with the new Expo Center as well.

Staff mentioned that J Development (Omaha) may submit an application next month to the HPC to designate 625 Douglas Street, the new LAMB Theatre, as a Local Landmark. The HPC will review the application and make a recommendation, and then the application will be submitted to the SHPO for their review.

Macfarlane (Custer) moved to adjourn the meeting at 5:12 p.m. All present voted aye. The next scheduled meeting will be held at City Hall Pre-Council Chambers, on Tuesday, November 5, 2019 at 4:00 p.m.

______-or- ______John Vodochodsky, Chair Mark Custer, Vice-Chair

HUMAN RIGHTS COMMISSION Regular Meeting Minutes August 1, 2019

A meeting of the Human Rights Commission was held at 5:30 p.m., City Hall, 5th Floor, Council Chambers, 405 6th Street, Sioux City, IA 51101.

Commissioners Present Staff Present Julie Berens Karen Mackey Charlotte Gorter Sharon Holder Chris Jensen Jessica Ryan Billy Oyadare Tani Russell Don Scarlett Connie Anstey (Legal) Robert Stewart Steele Welcher Staff Absent Tracy Winters Lynn Zerschling (excused) Izamar Carrillo (excused) Commissioners Absent Mary Day (excused) Nia Key (excused) Rev. Richard Moore (excused)

1. Roll call

Meeting was called to order by Julie Berens, Interim Chairperson, at 5:31 p.m.

New Commission Members were introduced.

2. Approval of the minutes of the June 6, 2019 Meeting and the June 24, 2019 Special meet- ing.

Mr. Stewart moved to approve the minutes from the June 6 and June 24, 2019, meetings, as amended; Mr. Scarlett seconded. All voted in favor.

3. Closed Session

Ms. Berens stated that as there were no cases to discuss, there was no need to go into closed session.

Ms. Anstey shared that the case that had been pending appeal was now scheduled for oral ar- guments beginning September 4, 2019.

4. Upcoming Events

a. National Nights Out (August 6, 2019)

Ms. Russell shared details about the upcoming National Night Out events that would be held on Tuesday, August 6, 2019 from 6-8pm. There are several sites around the city. Police and Fire will be at every site. Ms. Russell will continue to reach out and coordinate volunteers to staff the locations around the city.

b. Siouxland Coalition to End Human Trafficking Event (September 23, 2019)

In partnership with the Siouxland Coalition to End Human Trafficking, a forum will be held to discuss human trafficking on Monday, September 23, 2019 from 6-8:30 p.m. at the Siou City Public Museum. The forum will feature a presenter from Omaha and will have child care for at- tendees that may need it. Pre-registration will be needed to assess the need for volunteers to oversee the childcare area.

5. Staff reports

A copy of the Directors’ report was included in the monthly packet.

Ms. Mackey shared that this summer, we were fortunate enough to have two very talented in- terns. The focus of their work was outreach and community engagement. Through Campus Compact we were able to again have a summer intern from Morningside College, Ms. Russell. Ms. Russell’s internship ended the previous week. There was a clerical assistant position avail- able and Ms. Russell was hired for that position.

The other intern, Haley Hines, also a Morningside student, has also moved to a temporary posi- tion in our office.

Ms. Mackey shared that Ms. Anstey, Ms. Holder and Ms. Ryan would be attending HUD Re- gional Training in Omaha, NE from August 6-8, 2019.

6. Old Business

Ms. Mackey stated that the previously discussed Request for Council Action to rescind the reso- lution on marriage equality does not have the support of council to go forward. Options for ad- dressing this matter will continue to be discussed.

7. New Business

Ms. Berens asked for commissioners to join her on a committee to complete Ms. Mackey’s annual review. Ms. Day and Mr. Welcher agreed to join Ms. Berens on the committee.

Ms. Mackey shared that elections for commission chair and vice chair would be held at the September 2019 meeting. Ms. Mackey met with community members to review the Human Rights Campaign Equality Index criteria. Sioux City was the 2nd lowest in the rankings statewide for 2018.

Ms. Anstey shared that the commission might want to elect a temporary chair and vice chair. Mr. Stewart nominated Julie Berens for interim chair. Mr. Scarlett seconded. All voted in fa- vor. The commission opted to wait until the September meeting to elect a vice chair.

8. Citizen concerns

Mr. Anderson reflected on his nine years on the commission. He shared that he has enjoyed serving on the commission, is heartened by the increasing diversity on the commission and looks forward to the continued efforts at education and advocacy on behalf of marginalized communities in Sioux City.

Mr. Anderson was presented with a plaque commemorating his service to the commission.

9. Adjournment

There being no further business, the meeting was adjourned at 6:09 p.m.

Respectfully Submitted:

Jessica Ryan, Administrative Secretary

HUMAN RIGHTS COMMISSION Regular Meeting Minutes September 5, 2019

A meeting of the Human Rights Commission was held at 5:30 p.m., City Hall, 5th Floor, Council Chambers, 405 6th Street, Sioux City, IA 51101.

Commissioners Present Staff Present Julie Berens Karen Mackey Mary Day Sharon Holder Charlotte Gorter Jessica Ryan Chris Jensen Connie Anstey (Legal) Richard Moore Billy Oyadare Steele Welcher Staff Absent Tracy Winters Lynn Zerschling (excused) Izamar Carrillo (excused) Commissioners Absent Tani Russell (excused) Don Scarlett (excused) Haley Hines (excused) Nia Key (resigned) Robert Stewart (excused)

1. Roll call

Meeting was called to order by Julie Berens, Interim Chairperson, at 5:30 p.m.

2. Approval of the minutes of the August 1, 2019 meeting.

Ms. Berens moved to approve the minutes from the August 1, 2019 meetings; Ms. Day second- ed. All voted in favor.

3. Closed Session

Ms. Day moved to go into closed session of the Commission to review or discuss records which are required or authorized by Iowa Code Section 21.5(1)(a) or (f) or federal law to be kept confi- dential. Mr. Moore seconded. All voted in favor.

Ms. Day moved to return to open session, Mr. Moore seconded. All voted in favor

After returning to open session, Ms. Winters moved to accept the conciliation agreement in Case 11-1472; Mr. Jensen seconded. All voted in favor. Mr. Moore moved to accept staff’s No Probable Cause finding recommendation, in Case 11- 1489; Ms. Day seconded. All voted in favor.

4. Upcoming Events

a. Human Trafficking Forum (Monday, September 23, 2019)

Ms. Mackey shared that an event in partnership with the Siouxland Coalition to End Human Trafficking, a forum will be held to discuss human trafficking on Monday, September 23, 2019

from 6-8:30 p.m. at the Sioux City Public Museum. The forum will feature a presenter from Omaha and will have child care for attendees that may need it. Pre-registration will be needed to assess the need for volunteers to oversee the childcare area. Any other assistive services will need to be requested in advance. Ms. Day shared that the focus of the event will be social me- dia and geared toward parents and families.

5. Staff reports

A copy of the Directors’ report was included in the monthly packet.

Ms. Mackey advised the commission on the need to add source of income or payment as a pro- tected class status. Amending the ordinance to add that protection would help one of the most common barriers that recipients face in trying to obtain housing. Many recipients have expressed difficulty in finding safe, cleaning, that would be willing to accept their housing voucher. Other communities have been successful in adding source of income or payment as well as Veteran status to their ordinances. Once an amendment to the ordinance is approved, it would also need to be approved by HUD.

6. Old Business

Ms. Anstey stated that she presented oral arguments in a previously discussed discrimination case. The Iowa Civil Rights Commission submitted an amicus brief as well. The court seemed receptive. A decision is expected in the next 4-6 months.

The annual review committee completed it’s assessment. Copies were distributed at the begin- ning of the meeting. If there are any changes, additions or corrections please submit them to Jessica prior to September 13, 2019.

7. New Business

The annual report will be shared at next month’s meeting.

Ms. Berens asked for nominations for Commission Chair and Vice Chair. Ms. Day nominat- ed Mr. Welcher for Chair. Mr. Welcher declined the nomination. Ms. Winters nominated Ms. Berens for Chair. Ms. Day seconded. Mr. Moore moved that nominations cease and Ms. Berens be appointed by acclimation. Ms. Day seconded. All voted in favor. No nays or ab- stentions. Ms. Berens nominated Mr. Welcher for Vice Chair. Ms. Day seconded. Mr. Moore moved that nominations cease and Mr. Welcher be appointed by acclimation: Ms. Winters second- ed. All voted in favor. None opposed or abstained.

Mr. Moore congratulated Ms. Mackey on receiving an inaugural LGBTQ Legacy Leader Award.

Ms. Mackey shared that Nia Key resigned from the commission. Ms. Mackey is hopeful that a new commissioner would be appointed quickly as there have been several interested ap- plicants.

Ms. Day invited everyone to attend a Culture and Conversation event on Sunday, Septem- ber 8, 2019 in the garden at Mary Treglia.

8. Citizen concerns

None.

9. Adjournment

There being no further business, the meeting was adjourned at 6:12 p.m.

Respectfully Submitted:

Jessica Ryan, Administrative Secretary

HUMAN RIGHTS COMMISSION Regular Meeting Minutes October 3, 2019

A meeting of the Human Rights Commission was held at 5:30 p.m., City Hall, 5th Floor, Council Chambers, 405 6th Street, Sioux City, IA 51101.

Commissioners Present Staff Present Julie Berens Karen Mackey Mary Day Sharon Holder Charlotte Gorter Jessica Ryan Chris Jensen Connie Anstey (Legal) Billy Oyadare Don Scarlett Steele Welcher Staff Absent Tracy Winters Haley Hines (excused) Tani Russell (excused) Commissioners Absent Rev. Richard Moore (excused) Robert Stewart (unexcused)

1. Roll call

Meeting was called to order by Julie Berens, Chairperson, at 5:30 p.m.

2. Approval of the minutes of the September 5, 2019 meeting.

Ms. Berens moved to approve the minutes from the September 5, 2019 meetings; All voted in favor. Minutes stand approved.

3. Closed Session

Ms. Day moved to go into closed session of the Commission to review or discuss records which are required or authorized by Iowa Code Section 21.5(1)(a) or (f) or federal law to be kept confi- dential. Mr. Scarlett seconded. All voted in favor.

Mr. Scarlett moved to return to open session, Ms. Day seconded. All voted in favor

After returning to open session, Mr. Jensen moved to accept the finding recommendation of No Probable Cause agreement in Case 11-1506; Ms. Gorter seconded. All voted in favor. Ms. Winters moved to accept staff’s No Probable Cause finding recommendation, in Case 11- 1484; Mr. Scarlett seconded. All voted in favor.

4. Upcoming Events

a. This is What Leaders Look Like (Wednesday, October 23, 2019)

Ms. Mackey shared that an event will be held on Wednesday, October 23, 2019 from 6-8:30 p.m. at the Sioux City Public Museum. The forum will focus on local women in leadership. Speakers will come from several industries in both the public and private sector.

b. Driving While Brown (Wednesday, November 20, 2019)

Ms. Mackey shared that this event was still in its planning stages and would be held in conjunc- tion with members of law enforcement. The focus of this event would be for community mem- bers to engage positively and communicate openly with members of law enforcement about what to do when pulled over or stopped by the police.

c. Universal Human Rights Day (Tuesday, December 10, 2019)

The annual Eagle Human Rights Award will be presented at this event. It will be held at the Sioux City Public Museum on Tuesday December 10, 2019. Nomination forms will be posted and will be accepted through November.

5. Staff reports

A copy of the Directors’ report was included in the monthly packet.

Ms. Mackey advised commissioners of an ongoing issue between members of a small island nation and a local employer. Ms. Mackey shared that several agencies have been contacted and are working in conjunction to resolve ongoing issues.

6. Old Business

None.

7. New Business

Ms. Mackey shared her annual report. She highlighted areas for improvement, the increased number of outreach events and reiterated a goal of issuing findings within 180 days. Ms. Day moved to approve the annual report as amended. Mr. Scarlett seconded. All approved.

Ms. Mackey asked that commissioners please share that nominations for the War Eagle Award are being solicited. Help with getting the word out is always appreciated.

Ms. Mackey shared that Izamar Carrillo resigned as Clerical Assistant. Duties will be ab- sorbed by other staff.

8. Citizen concerns

None.

9. Adjournment

There being no further business, the meeting was adjourned at 6:13 p.m.

Respectfully Submitted:

Jessica Ryan, Administrative Secretary

LIBRARY BOARD OF TRUSTEES Regular Meeting October 23, 2019

The regular meeting of the Board of Trustees of the Sioux City Public Library was held on Wednesday, October 23, 2019 in the Conference Room of the Aalfs Downtown Library.

MEMBERS PRESENT: Charles McKenny, Heidi Reinking, Hope Schaefer, Todd Stanley, Jane Vereen

STAFF PRESENT: Helen Rigdon, Angela Beeck

1. President Todd Stanley called the meeting to order at 3:32 p.m.

2. Roll call was taken. Rigdon welcomed newly appointed Trustee, Heidi Reinking, to her first meeting. Introductions were made.

3. Rigdon stated that agenda item #8B would no longer be an Action Item.

Vereen moved approval of the agenda and changed item #8B to be informational only. Schaefer seconded. Motion approved unanimously.

4. Approve the Minutes – September 18, 2019 [Action Item]

McKenny moved approval of the minutes from September 18, 2019. Schaefer seconded. Motion approved unanimously.

5. Director’s Report Rigdon attended the IUPLA quarterly meeting in Des Moines with Youth Services Manag- er, Adrienne Dunn, for a separate meeting for Youth Services mangers. Dunn found the meeting to be helpful with lots of information. Due to a rash of counterfeit $50 bills in Sioux City the Library decided to not accept any bills larger than a $20 bill and signs were post- ed at each service desk. Rigdon and Dunn both gave separate tours to two Lego Robotics groups that are tasked to tour a public space and try to solve an issue they might be expe- riencing. The new AWE Computer is now in the Youth Services area for children age 2 to 12. This is a computer with preloaded learning programs and is not internet accessible. Touch screen and mouse can control it. The program previously called One Book One Siouxland, has been restructured, and is now called Sioux City Reads. There will be more information to follow on this program. The quarterly statistics were included in the report and trustees reviewed all statistics. Circulation is down 3.3% over the same time last year. This continues to be a national trend. Rigdon stated that staff is investigating new ways to provide service and hope to include this in the new strategic plan.

6. Financial Reports A. Expenditures: Approve Claims [Action Item]

Schaefer moved approval of claims as submitted. McKenny seconded. Motion ap- proved unanimously.

B. 2019-2020 Monthly Budget Summary

Trustees reviewed the report.

C. Restricted Funds Quarterly Summary

Trustees reviewed the restricted funds balances.

7. Unfinished Business

8. New Business A. Fiscal Year 2020-2021 Operating Budget Library staff submitted an initial operating budget for the fiscal year 2020-2021 per City Finance Department instructions. The Finance Department staff figures the per- sonnel budget per contract with Communications Workers of America, and per re- quired labor and benefit regulations. The Library did request an overall operating budget increase of $4,265. The Library has not requested any increase for several years. This year’s increase is due to amor- tization of new staff computers and software licensing for new equipment purchased, including new self-checks for the Morningside Branch Library. Rigdon provided copies of the submitted Operating Budget for the trustees to review. Rigdon will meet with the City Manager and Finance Director on November 12. There will be public hear- ings in January and February with the City Council to review the Operating and Capi- tal Improvement budgets.

B. Friends and Foundation Update The Friends of the Sioux City Public Library met on Monday, October 21, and re- viewed the requests for funding submitted by Library staff. The Friends are reviewing the projects further and have decided to wait until their November 18 meeting to make a final decision on approval. Rigdon will recommend the Library Board approve the requests that the Friends have agreed to fund at the next meeting The Sioux City Public Library Foundation meet at the Morningside Branch Library on September 26, 2019. They moved to fund on half of the Graphics/Communication Specialist position, to purchase a new sign for the Morningside Branch Library as ap- proved by the Library Board at their September meeting. They also moved that the balance of the annual distribution expended at the discretion of the Library with ap- proval from the Library Board of Trustees. Vereen asked about the history of the Foundation and the Friends of the Sioux City Public Library.

C. Plaque for Donations [Action Item] The Traveler’s Book Club would like to donate a $1,000, to purchase an item for use in the Library, from the husband of a deceased member dedicated in her name. The Club would like a plaque affixed to a purchased item in memory of the deceased. The practice at the Library has been no gifts under $5,000 being recognized by plaques. Discussion continued on the longevity of support from the Traveler’s Book Club and the fact that a policy is not currently in place. The Trustees agree that a monetary do- nation policy should compiled and presented for approval at a future meeting to pro- vide clear answers to this question in the future.

McKenny moved approval of a one-time exception of accepting the $1,000 donation to purchase a book display and attaching a plaque, purchased by the Traveler’s Club, in consideration of their long-standing support of the Library. Vereen seconded. Mo- tion carried unanimously

9. Public Comments There were no public comments

10. Trustee Concerns Rigdon shared that City Council interviewed a candidate for the Library Board of Trustees at their meeting October 21, 2019. We hope they will approve the candidate at their next meeting. The Library Board joint meeting with City Council is next Wednesday. Rigdon in- vited the Library Board to attend the Library Staff Development day on November 11.

11. Next Meetings: A. Wednesday, October 30, 2019 12:00 p.m. – Joint meeting with City Council B. Wednesday, November 20, 2019 3:30 p.m. C. Wednesday, December 18, 2019 3:30 p.m. D. Wednesday, January 15, 2020 3:30 p.m.

12. Stanley adjourned the meeting at 4:55 p.m.

Bill McKenny, Secretary Angela Beeck, Assistant Secretary

SIOUX CITY PUBLIC MUSEUM BOARD OF TRUSTEES REGULAR MEETING October 11, 2019

A meeting of the Sioux City Public Museum Board of Trustees was held Friday, October 11, 2019 at 12:00 p.m. at the Sioux City Public Museum.

MEMBERS PRESENT MEMBERS ABSENT OTHERS PRESENT Katie Colling Priscilla Forsyth Steve Hansen Amy DeGroot-Hammer Dave Somsky Deanna Mayo Greg Giles Bruce Lear Ben Nesselhuf

CALLED TO ORDER: Chairperson Colling called the meeting to order at 12:04 p.m.

MINUTES: A motion was made by Nesselhuf to approve the minutes as distributed. The motion was seconded by Giles and passed unanimously.

FINANCIAL REPORT: Hansen reported the budget is at 25% of the year and we are right at 23% of the budget expended. Hansen noted the FY ‘21 budget was submitted in a timely fash- ion Giles made a motion to approve the financial report as submitted. The motion was seconded by Lear and passed unanimously.

OLD BUSINESS:

Museum Facilities: Hansen noted the Museum’s atrium area has been cold so he has submit- ted an email to Brian Fahrendholz to check on the heating status. The Museum often needs to adjust the HVAC system during seasonal changes. Hansen noted it has been fairly quiet at the Sgt. Floyd Welcome Center. Staff will be installing new carpet on the 1st deck and working on other projects during the slower months.

Exhibitions and Events: Hansen reported the exhibition The Art of Frank Howell: The Early Years is currently on display. The next traveling exhibit on Edward Curtis will be installed at the end of November. The Museum was the host site for the Mayor’s press conference and there was good coverage from the press. Hansen noted City Manager Bob Padmore is always open to having the press conference at the Museum. The next History at High Noon will be presented by Haley Aquirre on October 17. The program will be on the history of the South Bottoms. The Museum’s historic Fourth Street walking tour was well attended and staff expects to have a good response to the Floyd Cemetery tour that will be held on October 26. Colling passed along that Walt Peterson, Director of Calvary Cemetery, has indicated he would be interested in doing a History at High Noon or some type of presentation at the Museum on Calvary Cemetery and Mausoleum.

Volunteer Dinner: Hansen reminded members the Museum will hold their annual Volunteer Appreciation Dinner on October 14 at 5:30 p.m. Hansen stated he attended the City’s Volunteer Dinner and thanked Nesselhuf for attending.

Big Give Campaign: Hansen reported the Big Give Campaign has been declared a success. The Museum Association received slightly less than last year but did better than other cultural institutions. The Big Give check presentation will be held at the Museum on November 19.

NEW BUSINESS:

Museum Classroom Usage: Hansen reported Tyson Foods recently rented a classroom for a local job fair. The Woodbury County Democrats held a Women of Color program and One Siouxland sponsored a legal aid resource event. Hansen noted the Museum continues to work with other organizations and allows the use of meeting space at no charge for non-profits if space is available.

Temporary Exhibitions: Hansen gave an overview of how temporary in-house exhibits are formulated and executed. Hansen noted a question recently arose on a downtown skywalk ban- ner highlighting Morningside College’s 125th Anniversary. This banner was placed by Morning- side College and publicized the Museum’s Morningside College 125th Exhibit. Hansen ex- plained the Museum had been workings on aspects of this exhibit for some time utilizing arti- facts from our collection. The Museum has showcased mile marker exhibitions such as Satur- day in the Park: Rockin’ for 25 Years, Crash of United Airlines Flight 232 25th Anniversary, and Sioux City Symphony Orchestra 1916-2016 as well as many other in-house exhibits. Hansen noted staff is always looking for suggestions and local collaborations for exhibitions, speakers, and program content.

ADJOURNMENT: There being no further business, Nesselhuf made a motion to adjourn the meeting. The motion was seconded by DeGroot-Hammer and passed unanimously. The meet- ing was adjourned at 12:40 p.m.

Respectfully submitted,

Steve Hansen Director – Sioux City Public Museum

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 18, 2019 ACTION ITEM # 15 FROM: Jeff Hanson, Community Development Operations Manager (CRM)

Ordinance rezoning 5607½ Sunnybrook Drive from Zone Classification GC (General Commercial) to Zone Classification MU (Mixed Use). (Petitioner: SUBJECT: Eagle Construction Inc.) The Planning and Zoning Commission recom- mends approval of this item. (File No. 2019-0076) (First Consideration ap- proved November 4, 2019)

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

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

Planning and Zoning Commission: Agenda Item 2019-0076: Requested rezoning of property located at 5607 ½ Sunnybrook Drive from GC (General Commercial) to MU (Mixed Use). (Petitioner: Eagle Construction, Inc.)

Chris Madsen presented the requested rezoning on Sunnybrook Drive from GC (General Commercial) to MU (Mixed Use). The Petitioner is requesting a two hundred and eight (208) unit complex and townhomes on the site. The GC (General Commercial) zone al- lows for apartment buildings but not townhomes. Therefore, the Petitioner is requesting a zone change. Madsen went over the different zones in that area. Staff believes the site plan will meet all City guidelines and should get approved at staff level. Madsen presented the site plan so the Commission is aware of what is going to be constructed. Madsen stated the Peti- tioner is requesting an extension of Sunnybrook Plaza into the site. This will be a public street and will need to be dedicated in the future. Madsen talked briefly on a second access into the site from the south. The Petitioner is working with the property owners to the south to make that connection. Madsen stated again we are not reviewing the site plan just the rezoning and City staff recommends approval.

Stewart asked if the Petitioner would need any other approvals for the apartments and town- homes based on this zoning, since the presentation talked about limited use. Madsen stated that the site plan would need to be approved but no other approvals would be needed in the MU (Mixed Use) zone to build apartments and townhomes. Geary questioned if Mixed Use is the highest and best use of the property. He stated General Commercial seems to be the highest and best use of the property given what it is surrounded by. Madsen stated that the Comprehensive Plan shows the area mainly as Mixed Use with and open space. Mad-

sen stated from staff’s perspective it does fit with the Comprehensive plan.

Josh Kruger, Petitioner (1305 East Benson Road, Sioux Falls, South Dakota) stated they have been working with the City. The underlying restrictions of the current zoning district have proven to be difficult to meet their project type. They have developed properties in other States and had success with placing townhomes and apartments on similar sites making more of a community feel versus just driving up to an apartment building. The main reasons they selected this property is its location to shops and restaurants. There is another apartment complex in the area that is doing very well and the area is growing. He talked a little about the site plan.

Geary wanted to know if the Petitioner already owns the property or if it was subject to pur- chase after the rezoning is approved. Kruger stated that the purchase is subject to this rezon- ing. Silverberg wanted to know if there would be any separation like as in a wall from the cemetery. Kruger stated that the cemetery would be sitting about 35 feet above where the apartments are going. Kruger also stated they already have a wall of sorts there. Stewart stat- ed it may be early but with the amount of traffic already on Sunnybrook Drive has Engineering thought about or stated what effects this will have on the traffic or the roads. Madsen stated that Engineering is working on this and that was one of the reasons for a second access drive to the property. Stewart and Geary wanted to know if that was just going to be connecting to Lowe’s parking lot? Madsen stated that they are working with the property owner to gain ac- cess from that direction. There was a lot of conversation between the commission members and the Petitioner on gaining the secondary access and what effects this will have on the traf- fic on to Sunnybrook Drive.

Nick Hagerty (5680 Sunnybrook Drive, Sioux City, Iowa) spoke in favor of this item. Hagerty represents Prime Bank and wanted to voice his support for the use of the property in this way. Hagerty stated that they have had problems in the past developing the site and he feels it is a great use for this property. Hagerty stated that there is a need for market rate housing in Sioux City and he feels this will help with the situation.

Dennis Pottorff (5814 Pine View Drive, Sioux City, Iowa) spoke in opposition of this item. Pot- torff wanted to voice his concerns about traffic on Sunnybrook Drive, losing his view, and the noise increase in the area at all hours of the day.

David Greigg (3205 Sumac Trail, Sioux City, Iowa) spoke in opposition of this item. Greigg voiced his concerns about the noise, light, pollution and how it will affect his property value with this apartment complex being built. Greigg feels that it will develop as commercial over time. In the ten (10) years since he owned his property the area has expanded greatly, but not over night.

O’Neill (Ross) moved to approve item 2019-0076 as presented. Motion carried. 4-2-0 (Yes: Stewart, Bostinelos, O’Neill, Ross, No: Geary, Silverberg, Abstain: 0).

Findings of Fact: 1) The petitioner is proposing a 208-unit apartment and townhouse development on the prop- erty. 2) The GC zone allows apartments by conditional use permit and prohibits townhouses. 3) One opposing response has been received to the notification. 4) The applicant’s proposal conforms to the minimum Municipal Code requirements.

Recommended Conditions of Approval: 1) None.

DISCUSSION: See Analysis

FINANCIAL IMPACT: N/A

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

ALTERNATIVES: None.

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

BACKGROUND REPORT: The City has received a request from Eagle Construction Inc., Petitioner, to rezone the property located at 5607 ½ Sunnybrook Drive from GC (General Commercial) to MU (Mixed Use). The Petitioner intends to construct a 208-unit apartment complex on the site. A general area map is enclosed for your review.

ANALYSIS: As stated the Petitioner is requesting rezoning of the property located at 5607 ½ Sunnybrook Drive. The property is currently zoned GC (General Commercial), which allows apartments by conditional use permit and prohibits townhouse units. The Petitioner is proposing a mixture of apartments, 188 units, and townhouses, 20 units. The Petitioner chose to rezone to Mixed Use to leave the option open for the ability to have mixed-use commercial and residential develop- ment on the site. At this time the only use proposed on the site is residential.

One response was received to the notification, with concerns regarding access from one entry point on Sunnybrook Plaza. The site plan was reviewed by the Development Review Committee (DRC) at their October 10, 2019 meeting. That site plan can be found in Attachment C. The Pe- titioner has shown, on request by City Staff, a second access to the south. The Petitioner is working with the southern property owner regarding that proposed access.

The Petitioner is proposing to extend the Sunnybrook Plaza right of way east into the property and including a round-a-bout giving access to the property. No other platting is being requested, however at a future date the dedication of the completed street will be requested.

EXISTING ZONING AND LAND USE: GC ; Vacant

EXISTING ZONING REQUIREMENTS: The GC district is meant for a broad range of smaller and larger scale commercial use types sit- uated on parcels that have on-site parking.

PROPOSED ZONING REQUIREMENTS: The MU district is meant for a planned mixture of residential and commercial uses, which may be for transitioning areas along corridors, infill and redevelopment sites, or a planned, mixed use development. A mixed-use development plan requires a development concept plan and planned development site plan.

SURROUNDING ZONING AND LAND USE: North: NC.1 ; Single Family Residential South: GC ; Lowes East: PI ; Memorial Park Cemetery West: GC ; Commercial Office and Retail

DEPARTMENT COMMENTS No comments.

COMPREHENSIVE PLAN: The 2005 Comprehensive Plan indicates this area as “Mixed-Use Regional”. “Mixed-Use Re- gional” is defined as areas that are traditionally large in size, comprised of many city blocks or acres, and having concentrated development that supports a varied and large employment base while addressing the needs of a regional market.

A portion of the property is also in the “Parks and Open Space” designation that was at one time considered to be an expansion area for the cemetery. Due to grade change between the two properties, this is not likely.

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

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

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

CITIZEN RESPONSE: Fourteen notices were sent within the required timeframe. One response was received with concerns about access and one in opposition.

Planning and Zoning Commission, Thank you for the opportunity to comment on Item 2019-0076. CNOS is excited about growth in Sioux City and welcome new options for housing, shopping, healthcare, entertainment, etc. We are concerned about adding a large housing complex with only one road (Sunnybrook Plaza) to enter and exit the property. To turn left or right onto Sunnybrook Drive from Sunnybrook Plaza is already difficult and can be dangerous. We would ask the Commission to ensure there will be additional access roads to the complex before approving the rezoning request.

Nancy Swanson | CNOS VP of Administrative Services

Dennis & Pam Pottorff Agenda Date: 10/22/2019 5814 Pine View Dr, Sioux City IA 51106 Agenda Item No: 2019-0076

We oppose the rezoning of property located at 5607-1/2 Sunnybrook Drive from GC (General Commercial) to MU (Mixed Use) for the purpose of constructing a 215-unit apartment and townhouse development. We oppose this type of development because our private back yard will be on display to the upper floors of the proposed building, instances of trespassing on our property will increase, noise from inhabitants and vehicles will be disruptive to our lives, pollution (trash, air, noise) will increase, and lighting from the building and its surrounding area will reflect into our bedrooms. Additionally, we are concerned that construction will erode our property which adjoins this site. We are also concerned that the value of our property will be diminished but not offset by tax levies. Several years ago we opposed a variance for signage that exceeded the size and height limit for some of these same reasons, and that variance was denied.

View from our back deck. Closer view from our yard toward the proposed development.

Our back deck view. View from our garden toward the site in question.

Deck view of garden and proposed building site. Additional view from deck showing garden and proposed building site.

View from our hill toward proposed site. View from edge of garden toward proposed site.

Pottorff property at 5814 Pine View Dr. Proposed building site

Pottorff property at 5814 Pine View Dr. Proposed building site ATTACHMENT A

ORDINANCE NO. 2019 - ______

ORDINANCE REZONING 5607½ SUNNYBROOK DRIVE FROM ZONE CLASSIFICATION GC (GENERAL COMMERCIAL) TO ZONE CLASSIFICATION MU (MIXED USE)

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

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

Section 2: That Ordinance No. 2015-0215, as amended, also known and identified as the Sioux City Zoning and Sign Ordinance, is hereby amended by adding thereto the following to be known as Section 25.02.030.1366 of said Ordinance No. 2015-0215 as amended:

25.02.030.1366: The following described real property shall be changed FROM Zone Classification GC (General Commercial) TO Zone Classification MU (Mixed Use):

Lot 3, Sunnybrook Plaza, Second Filing to the City of Sioux City, Woodbury County, Iowa, EXCEPTING therefrom those portions contained in the following 3 tracts of land:

TRACT I: Those portions of Lots 2 and 3, Sunnybrook Plaza, Second Filing, an addition to Sioux City, Woodbury County, Iowa, described as follows:

Commencing at the southeast corner of said Lot 2; thence North 88°30'28" West along the south line of said Lot 2 for a distance of 15.00 feet to the Point of Beginning; thence North 01°25'48" East for a distance of 88.89 feet; thence northeasterly along a curve to the right with a radius of 42.50 feet, through a central angle of 65°05'56", for a distance along the arc of 48.29 feet: the chord of which bears North 33°58'47" East a distance of 45.73 feet to a point of reverse curvature, thence along a curve to the left with a radius of 52.50 feet, through a central angle of 245°05'56", for a distance along the arc of 224.58 feet, the chord of which bears North 56°01'13" West a distance of 88.51 feet; thence South 88°30'28" East for a distance of 25.00 feet; thence South 01°25'48" West for a distance of 175.00 feet to the south line of said Lot 2; thence South 88°30’28” East along said south line for a distance of 25.00 feet to the Point of Beginning, containing 11,184 square feet or 0.26 acres, subject to easements, if any, of record or apparent.

Basis of Bearings: The south line of Lot 2, Sunnybrook Plaza, Second Filing was assumed to bear North 88°30'28" West to conform to recorded subdivision.

TRACT II: That portion of Lot 3, Sunnybrook Plaza, Second Filing, an addition to the City of Sioux City, Woodbury County, Iowa, described as follows:

Commencing at the northwest corner of said Lot 3: thence South 01°25'48" West along the west line of said Lot 3 for a distance of 110.87 feet to the Point of Beginning: thence South 85°44'15" East for a distance of 204.59 feet; thence South 01°25'48" West for a distance of 210.61 feet; thence North 88°30'28'' West for a distance of 172.06 feet to the right-of-way of Sunnybrook Court; thence northwesterly along said right-of-way and along a non-tangent curve to the left with a radius of 52.50 feet, from a tangent bearing in of North 30°01'21" West, through a central angle of 44°46’19", for a distance along the arc of 41.02 feet, the chord of which bears North 52°24'30" West a distance of 39.99 feet; thence North 01°25'48" East for a distance of 196.94 feet to the Point of Beginning, containing 43,560 square feet or 1.00 acres, more or less.

Basis of Bearings: The west line of said Lot 3 is assumed to bear North 01°25’48" East to conform to recorded subdivision plat.

TRACT III: That portion of Lot 3, Sunnybrook Plaza, Second Filing, an addition to the City of Sioux City, Woodbury County, Iowa, described as follows:

Commencing at the Northwest corner of said Lot 3; thence South 01°25'48" West along the West line of said Lot 3 for a distance of 307.81 feet to the right-of-way of Sunnybrook Court; thence Southeasterly along said right-of-way and along a non-tangent curve to the right with a radius of 52.50 feet, for a distance along the arc of 41.02 feet, the chord of which bears South S 52°24’30” East a distance of 39.99 feet; to the Point of Beginning; thence South 88°30’28" East for a distance of 172.06 feet thence South 01°25'48" West for a distance of 10.00 feet; thence North 88°30'28" West for a distance of 167.31 feet; thence Northwesterly along said right-of-way and along a non-tangent curve to the left with a radius of 52.50 feet, for a distance along the arc of 11.10 feet, the chord of which bears North 23°58'04" West a distance of 11.08 feet to the Point of Beginning, containing 1,695 square feet or 0.04 acres, more or less, subject to easements, if any, of record or apparent.

Basis of Bearings: The West line of said Lot 3 is assumed to bear South 01°25'48" West to conform to recorded subdivision plat,

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

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

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

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

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: November 18, 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 November 23, 2019

Lisa L. McCardle, City Clerk

U:\City Legal\Secure\P & Z Ordinances\PZ 2019-0076.Docx ORDINANCE REZONING 5607½ SUNNYBROOK DRIVE FROM ZONE CLASSIFICATION GC (GENERAL COMMERCIAL) TO ZONE CLASSIFICATION MU (MIXED USE)

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 rezones the following described property within the City of Sioux City, Woodbury County, Iowa, from Zone Classification GC (General Commercial) to Zone Classification MU (Mixed Use):

Lot 3, Sunnybrook Plaza, Second Filing to the City of Sioux City, Woodbury County, Iowa, EXCEPTING therefrom those portions contained in the following 3 tracts of land:

TRACT I: Those portions of Lots 2 and 3, Sunnybrook Plaza, Second Filing, an addition to Sioux City, Woodbury County, Iowa, described as follows:

Commencing at the southeast corner of said Lot 2; thence North 88°30'28" West along the south line of said Lot 2 for a distance of 15.00 feet to the Point of Beginning; thence North 01°25'48" East for a distance of 88.89 feet; thence northeasterly along a curve to the right with a radius of 42.50 feet, through a central angle of 65°05'56", for a distance along the arc of 48.29 feet: the chord of which bears North 33°58'47" East a distance of 45.73 feet to a point of reverse curvature, thence along a curve to the left with a radius of 52.50 feet, through a central angle of 245°05'56", for a distance along the arc of 224.58 feet, the chord of which bears North 56°01'13" West a distance of 88.51 feet; thence South 88°30'28" East for a distance of 25.00 feet; thence South 01°25'48" West for a distance of 175.00 feet to the south line of said Lot 2; thence South 88°30’28” East along said south line for a distance of 25.00 feet to the Point of Beginning, containing 11,184 square feet or 0.26 acres, subject to easements, if any, of record or apparent.

Basis of Bearings: The south line of Lot 2, Sunnybrook Plaza, Second Filing was assumed to bear North 88°30'28" West to conform to recorded subdivision.

TRACT II: That portion of Lot 3, Sunnybrook Plaza, Second Filing, an addition to the City of Sioux City, Woodbury County, Iowa, described as follows:

Commencing at the northwest corner of said Lot 3: thence South 01°25'48" West along the west line of said Lot 3 for a distance of 110.87 feet to the Point of Beginning: thence South 85°44'15" East for a distance of 204.59 feet; thence South 01°25'48" West for a distance of 210.61 feet; thence North 88°30'28'' West for a distance of 172.06 feet to the right-of-way of Sunnybrook Court; thence northwesterly along said right-of-way and along a non-tangent curve to the left with a radius of 52.50 feet, from a tangent bearing in of North 30°01'21" West, through a central angle of 44°46’19", for a distance along the arc of 41.02 feet, the chord of which bears North 52°24'30" West a distance of 39.99 feet; thence North 01°25'48" East for a distance of 196.94 feet to the Point of Beginning, containing 43,560 square feet or 1.00 acres, more or less.

Basis of Bearings: The west line of said Lot 3 is assumed to bear North 01°25’48" East to conform to recorded subdivision plat.

TRACT III: That portion of Lot 3, Sunnybrook Plaza, Second Filing, an addition to the City of Sioux City, Woodbury County, Iowa, described as follows:

Commencing at the Northwest corner of said Lot 3; thence South 01°25'48" West along the West line of said Lot 3 for a distance of 307.81 feet to the right-of-way of Sunnybrook Court; thence Southeasterly along said right-of-way and along a non-tangent curve to the right with a radius of 52.50 feet, for a distance along the arc of 41.02 feet, the chord of which bears South S 52°24’30” East a distance of 39.99 feet; to the Point of Beginning; thence South 88°30’28" East for a distance of 172.06 feet thence South 01°25'48" West for a distance of 10.00 feet; thence North 88°30'28" West for a distance of 167.31 feet; thence Northwesterly along said right-of-way and along a non-tangent curve to the left with a radius of 52.50 feet, for a distance along the arc of 11.10 feet, the chord of which bears North 23°58'04" West a distance of 11.08 feet to the Point of Beginning, containing 1,695 square feet or 0.04 acres, more or less, subject to easements, if any, of record or apparent.

Basis of Bearings: The West line of said Lot 3 is assumed to bear South 01°25'48" West to conform to recorded subdivision plat,

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 November 4, 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, proposing the following change:

25.02.030.1366: The following described real property shall be changed FROM Zone Classification GC (General Commercial) TO Zone Classification MU (Mixed Use):

Lot 3, Sunnybrook Plaza, Second Filing to the City of Sioux City, Woodbury County, Iowa, EXCEPTING therefrom those portions contained in the following 3 tracts of land:

TRACT I: Those portions of Lots 2 and 3, Sunnybrook Plaza, Second Filing, an addition to Sioux City, Woodbury County, Iowa, described as follows:

Commencing at the southeast corner of said Lot 2; thence North 88°30'28" West along the south line of said Lot 2 for a distance of 15.00 feet to the Point of Beginning; thence North 01°25'48" East for a distance of 88.89 feet; thence northeasterly along a curve to the right with a radius of 42.50 feet, through a central angle of 65°05'56", for a distance along the arc of 48.29 feet: the chord of which bears North 33°58'47" East a distance of 45.73 feet to a point of reverse curvature, thence along a curve to the left with a radius of 52.50 feet, through a central angle of 245°05'56", for a distance along the arc of 224.58 feet, the chord of which bears North 56°01'13" West a distance of 88.51 feet; thence South 88°30'28" East for a distance of 25.00 feet; thence South 01°25'48" West for a distance of 175.00 feet to the south line of said Lot 2; thence South 88°30’28” East along said south line for a distance of 25.00 feet to the Point of Beginning, containing 11,184 square feet or 0.26 acres, subject to easements, if any, of record or apparent.

Basis of Bearings: The south line of Lot 2, Sunnybrook Plaza, Second Filing was assumed to bear North 88°30'28" West to conform to recorded subdivision.

TRACT II: That portion of Lot 3, Sunnybrook Plaza, Second Filing, an addition to the City of Sioux City, Woodbury County, Iowa, described as follows:

Commencing at the northwest corner of said Lot 3: thence South 01°25'48" West along the west line of said Lot 3 for a distance of 110.87 feet to the Point of Beginning: thence South 85°44'15" East for a distance of 204.59 feet; thence South 01°25'48" West for a distance of 210.61 feet; thence North 88°30'28'' West for a distance of 172.06 feet to the right-of-way of Sunnybrook Court; thence northwesterly along said right-of-way and along a non-tangent curve to the left with a radius of 52.50 feet, from a tangent bearing in of North 30°01'21" West, through a central angle of 44°46’19", for a distance along the arc of 41.02 feet, the chord of which bears North 52°24'30" West a distance of 39.99 feet; thence North 01°25'48" East for a distance of 196.94 feet to the Point of Beginning, containing 43,560 square feet or 1.00 acres, more or less.

Basis of Bearings: The west line of said Lot 3 is assumed to bear North 01°25’48" East to conform to recorded subdivision plat.

TRACT III: That portion of Lot 3, Sunnybrook Plaza, Second Filing, an addition to the City of Sioux City, Woodbury County, Iowa, described as follows:

Commencing at the Northwest corner of said Lot 3; thence South 01°25'48" West along the West line of said Lot 3 for a distance of 307.81 feet to the right-of-way of Sunnybrook Court; thence Southeasterly along said right-of-way and along a non-tangent curve to the right with a radius of 52.50 feet, for a distance along the arc of 41.02 feet, the chord of which bears South S 52°24’30” East a distance of 39.99 feet; to the Point of Beginning; thence South 88°30’28" East for a distance of 172.06 feet thence South 01°25'48" West for a distance of 10.00 feet; thence North 88°30'28" West for a distance of 167.31 feet; thence Northwesterly along said right-of-way and along a non-tangent curve to the left with a radius of 52.50 feet, for a distance along the arc of 11.10 feet, the chord of which bears North 23°58'04" West a distance of 11.08 feet to the Point of Beginning, containing 1,695 square feet or 0.04 acres, more or less, subject to easements, if any, of record or apparent.

Basis of Bearings: The West line of said Lot 3 is assumed to bear South 01°25'48" West to conform to recorded subdivision plat,

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

(5607½ Sunnybrook Drive) (2019-0076)

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

CITY OF SIOUX CITY, IOWA

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal October 28, 2019.

ATTACHMENT B

GENERAL AREA MAP

ATTACHMENT C

NOTIFICATION MAP

ATTACHMENT D

SITE PLAN ATTACHMENT E

APPLICATION

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 18, 2019 ACTION ITEM # 16 FROM: Chris Myres, Economic Development Specialist

Hearing and Resolution determining an area of the City to be a blighted ar- ea and economic development area, and that the rehabilitation, conserva- tion, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the res- idents of the City; designating such area as appropriate for an urban re- SUBJECT: newal project; and adopting Amendment No. 1 to the Amended and Restat- ed Combined Central Sioux City -CBD Urban Renewal Plan for the Combined Central Sioux City -CBD Urban Renewal Area (Development of a new building in the Historic 4th Street District; Redevelopment of an exist- ing building in the Historic 4th Street District, and the acquisition of an ex- isting historic building in the Central Business District)

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

RECOMMENDATION: Staff respectfully requests the City Council conduct a public hearing and approve the pro- posed resolution.

DISCUSSION: Economic Development staff is currently working on three projects involving the redevelop- ment and/or purchase of property in downtown Sioux City. Each of these projects are ex- pected to involve the use of Tax Increment Financing from the Combined Central Sioux City - CBD Urban Renewal Area. Iowa Urban Renewal laws require that each project using Tax Increment Funding be adopted as part the Urban Renewal Plan. Approval of the above reso- lution completes the process for amending the Urban Renewal Plan for the Combined Central Sioux City -CBD Urban Renewal Area.

Details of each project discussed above will be presented to Council as agreements commit- ting funds to each project as presented to Council for consideration.

FINANCIAL IMPACT: The City will benefit from increased property taxes and jobs created from the proposed rede- velopment projects.

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

ALTERNATIVES: None Recommended

ATTACHMENTS: Resolution Amendment No. 1 to the Combined Central Sioux City -CBD Urban Renewal Area Plan

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION DETERMINING AN AREA OF THE CITY TO BE A BLIGHTED AREA AND ECONOMIC DEVELOPMENT AREA, AND THAT THE REHABILI- TATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTER- EST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR AN UR- BAN RENEWAL PROJECT; AND ADOPTING AMENDMENT NO. 1 TO THE AMENDED AND RESTATED COMBINED CENTRAL SIOUX CITY -CBD UR- BAN RENEWAL PLAN FOR THE COMBINED CENTRAL SIOUX CITY -CBD URBAN RENEWAL AREA (DEVELOPMENT OF A NEW BUILDING IN THE HISTORIC 4TH STREET DISTRICT; REDEVELOPMENT OF AN EXISTING BUILDING IN THE HISTORIC 4TH STREET DISTRICT, AND THE ACQUISITION OF AN EXISTING HISTORIC BUILDING IN THE CENTRAL BUSINESS DIS- TRICT)

WHEREAS, the City Council previously has found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and has approved and adopted the Combined Central Sioux City –CBD Urban Renewal Plan on April 5, 1967, pursuant to Resolution No. S-8780 and recorded in the office of the Woodbury County Recorder’s Office at Book 1226, Page 97 Document No. 584; and subsequent amend- ments to the same on March 28, 1973, pursuant to Resolution No. S-21905; July 25, 1983, pur- suant to Resolution No. 83/T-1933 and recorded in the office of the Woodbury County Record- er’s Office at Roll 146, Image 1816; April 8, 1985, pursuant to Resolution No. 85/T-3660 and recorded in the office of the Woodbury County Recorder’s Office at Roll 156, Image 208; Octo- ber 7, 1985, pursuant to Resolution No. 85/T-4097 and recorded in the office of the Woodbury County Recorder’s Office at Roll 162, Image 1701; August 10, 1987, pursuant to Resolution No. 87/T-5714 and recorded in the office of the Woodbury County Recorder’s Office at Roll 191, Im- age 1253; June 4, 1990, pursuant to Resolution No. 90/T-8636 and recorded in the office of the Woodbury County Recorder’s Office at Roll 231, Image 330; December 17, 1990, pursuant to Resolution No. 90/T-9422 and recorded in the office of the Woodbury County Recorder’s Office at Roll 241, Image 87; June 1, 1992, pursuant to Resolution No. 92/U-189; July 7, 2003, pursu- ant to Resolution No. 2003-0599; November 21, 2011, pursuant to Resolution No. 2011-0825; September 17, 2012, pursuant to Resolution No. 2012-0648; May 13, 2013, pursuant to Resolu- tion 2013-0378 and recorded in the office of the Woodbury County Recorder’s Office at Roll 729, Image 9440; November 25, 2013, pursuant to Resolution No. 2013-0879 and recorded in the office of the Woodbury County Recorder’s Office at Roll 732, Image 11981-12027; January 6, 2014, pursuant to Resolution No. 2014-0011 and recorded in the office of the Woodbury County Recorder’s Office at Roll 733, Image 8655-8674; May 5, 2014, pursuant to Resolution No. 2014-0274 and recorded in the office of the Woodbury County Recorder’s Office at Roll 735, Image 3415-3437; June 23, 2014, pursuant to Resolution No. 2014-0424 and recorded in the office of the Woodbury County Recorder’s Office at Roll 736, Image 708-753; August 18, 2014, pursuant to Resolution No. 2014-0596 and recorded in the office of the Woodbury County Recorder’s Office at Roll 736, Image 10608-10623; April 27, 2015, pursuant to Resolution No. 2015-0303 and recorded in the office of the Woodbury County Recorder’s Office at Roll 740, Image 9908-9956; October 19, 2015, pursuant to Resolution No. 2015-0797 and recorded in the office of the Woodbury County Recorder’s Office at Roll 743, Image 11386-11405; April 18, 2016, pursuant to Resolution No. 2016-0305 and recorded in the office of the Woodbury County Recorder’s Office at Roll 746, Image 7918-7976; September 26, 2016, pursuant to Resolution No. 2016-0833 and recorded in the office of the Woodbury County Recorder’s Office at Roll

749, Image 6510-6529; March 20, 2017, pursuant to Resolution No. 2017-0250 and recorded in the office of the Woodbury County Recorder’s Office at Roll 751, Image 15120-15179; Novem- ber 13, 2017, pursuant to Resolution No. 2017-1012 and recorded in the office of the Woodbury County Recorder’s Office at Roll 756, Image 216-233; February 12, 2018, pursuant to Resolu- tion No. 2018-0130 and recorded in the office of the Woodbury County Recorder’s Office at Roll 757, Image 5137-5160; April 9, 2018, pursuant to Resolution No. 2018-0277 and recorded in the office of the Woodbury County Recorder’s Office at Roll 758, Image 3438-3500; September 10, 2018, pursuant to Resolution No. 2018-0746 and recorded in the office of the Woodbury County Recorder’s Office at Roll 760, Image 10852-10875 and April 8, 2019, pursuant to Reso- lution No. 2019-0304 and recorded in the office of the Woodbury County Recorder’s Office at Roll 763, Image 10869-10937 (together, the "Amended Plan") for the amended Combined Cen- tral Sioux City –CBD 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, 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 furthers require 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 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; and

WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected taxing enti- ties, if any, have been timely made as set forth in the minutes from the consultation hearing filed herewith and incorporated herein by this reference, which minutes are in all respects approved; and

WHEREAS, this Council also set a public hearing on the adoption of Amendment No. 1 to the Amended and Restated Combined Central Sioux City -CBD Urban Renewal Plan for this meet- ing of the Council, and due and proper notice of the public hearing was given, as provided by law, by timely publication in the Sioux City Journal, which notice set forth the time and place for this hearing and the nature and purpose thereof; and

WHEREAS, in accordance with the notice, all persons or organizations desiring to be heard on the proposed Amendment No. 1, both for and against, have been given an opportunity to be

heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and the public hearing has been closed.

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

Section 1. That the findings and conclusions set forth or contained in Amendment No. 1 to the Amended and Restated Combined Central Sioux City -CBD Urban Renewal Plan concerning the area of the City of Sioux City, Iowa described therein be and the same are hereby ratified and confirmed in all respects as the findings of this Council for this area.

Section 2. This Council further finds:

The Amendment No. 1 to the Amended and Restated Combined Central Sioux City -CBD Urban Renewal Plan of the City of Sioux City, Iowa, conforms to the general plan for the development of the City as a whole; and

With reference to those portions thereof which are to be developed for non-residential uses, the City Council hereby determines that such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives.

Section 3. That Amendment No. 1 to the Amended and Restated Combined Central Sioux City -CBD Urban Renewal Plan for the Combined Central Sioux City -CBD Urban Renewal Area of the City of Sioux City, Iowa be and the same is hereby approved and adopted as "Amendment No. 1 to the Amended and Restated Combined Central Sioux City -CBD Urban Renewal Plan for the Combined Central Sioux City -CBD Urban Renewal Area"; Amendment No. 1 to the Amended and Restated Combined Central Sioux City -CBD Urban Renewal Plan is hereby in all respects approved; and the City Clerk is hereby directed to file a certified copy of the same with the proceedings of this meeting.

Section 4. That Amendment No. 1 to the Amended and Restated Combined Central Sioux City -CBD Urban Renewal Plan shall be in full force and effect from the date of this Resolution until the date of termination set forth in the Plan as so amended. Amendment No. 1 to the Amended and Restated Combined Central Sioux City -CBD Urban Renewal Plan shall be forthwith certi- fied by the City Clerk, along with a copy of this Resolution, to the Recorder for Woodbury Coun- ty, Iowa, to be filed and recorded in the manner provided by law.

PASSED AND APPROVED: November 18, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Resolutions\Res2019\Com Dev\Combined Central Sioux City -CBD UR Amendment #1 (Public Hrg).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 18th day of No- vember 2019.

______City Clerk, Sioux City, Iowa

SEAL

CERTIFICATION TO WOODBURY COUNTY RECORDER

We hereby certify that attached hereto is a true and correct copy of Amendment No. 1 to the Amended and Restated Combined Central Sioux City -CBD Urban Renewal Plan and the Reso- lution adopting same for the Combined Central Sioux City -CBD Urban Renewal Area, of the City of Sioux City, Iowa, the original of which is on file in the records of the undersigned City Clerk.

Dated this 18th day of November 2019

By: By: Lisa L. McCardle Robert E. Scott City Clerk Mayor

Amendment No. 1 to the Amended and Restated Urban Renewal Plan for the Combined Central Sioux City -CBD Urban Renewal Project Area Consultation Meeting

October 22, 2019 3:00 p.m.

Present: Absent: Chris Madsen, City Staff Woodbury County Chris Myres, City Staff Sioux City Community School District Amber Hegarty, City Staff Sergeant Bluff School District Renae Billings, City Staff Marty Dougherty, City Staff

City Staff were present at 3:00 for the consultation. No representatives from the affected entities were present for the consultation.

Meeting ended 3:20 p.m.

Respectfully submitted,

Chris Madsen Senior Planner

AMENDMENT NO. 1

TO THE AMENDED AND RESTATED COMBINED CENTRAL SIOUX CITY - CBD URBAN RENEWAL PLAN

FOR THE COMBINED CENTRAL SIOUX CITY –CBD URBAN RENEWAL AREA

CITY OF SIOUX CITY, IOWA

AMENDMENT NO. 1 TO THE AMENDED AND RESTATED COMBINED CENTRAL SIOUX CITY – CBD URBAN RENEWAL PLAN CITY OF SIOUX CITY, IOWA

The Amended and Restated Combined Central Sioux City - CBD Urban Renewal Plan ("Plan") for the Combined Central Sioux City – CBD Urban Renewal Area ("Area" or "Urban Renewal Area"), originally adopted April 5, 1967, pursuant to Resolution No. S-8780 and recorded in the office of the Woodbury County Recorder’s Office at Book 1226, Page 97 Document No. 584; and subsequent amendments to the same on March 28, 1973, pursuant to Resolution No. S- 21905; July 25, 1983, pursuant to Resolution No. 83/T-1933 and recorded in the office of the Woodbury County Recorder’s Office at Roll 146, Image 1816; April 8, 1985, pursuant to Resolu- tion No. 85/T-3660 and recorded in the office of the Woodbury County Recorder’s Office at Roll 156, Image 208; October 7, 1985, pursuant to Resolution No. 85/T-4097 and recorded in the office of the Woodbury County Recorder’s Office at Roll 162, Image 1701; August 10, 1987, pursuant to Resolution No. 87/T-5714 and recorded in the office of the Woodbury County Re- corder’s Office at Roll 191, Image 1253; June 4, 1990, pursuant to Resolution No. 90/T-8636 and recorded in the office of the Woodbury County Recorder’s Office at Roll 231, Image 330; December 17, 1990, pursuant to Resolution No. 90/T-9422 and recorded in the office of the Woodbury County Recorder’s Office at Roll 241, Image 87; June 1, 1992, pursuant to Resolu- tion No. 92/U-189; July 7, 2003, pursuant to Resolution No. 2003-0599; November 21, 2011, pursuant to Resolution No. 2011-0825; September 17, 2012, pursuant to Resolution No. 2012- 0648; May 13, 2013, pursuant to Resolution 2013-0378 and recorded in the office of the Wood- bury County Recorder’s Office at Roll 729, Image 9440; November 25, 2013, pursuant to Reso- lution No. 2013-0879 and recorded in the office of the Woodbury County Recorder’s Office at Roll 732, Image 11981-12027; January 6, 2014, pursuant to Resolution No. 2014-0011 and rec- orded in the office of the Woodbury County Recorder’s Office at Roll 733, Image 8655-8674; May 5, 2014, pursuant to Resolution No. 2014-0274 and recorded in the office of the Woodbury County Recorder’s Office at Roll 735, Image 3415-3437; June 23, 2014, pursuant to Resolution No. 2014-0424 and recorded in the office of the Woodbury County Recorder’s Office at Roll 736, Image 708-753; August 18, 2014, pursuant to Resolution No. 2014-0596 and recorded in the office of the Woodbury County Recorder’s Office at Roll 736, Image 10608-10623; April 27, 2015, pursuant to Resolution No. 2015-0303 and recorded in the office of the Woodbury County Recorder’s Office at Roll 740, Image 9908-9956; October 19, 2015, pursuant to Resolution No. 2015-0797 and recorded in the office of the Woodbury County Recorder’s Office at Roll 743, Image 11386-11405; April 18, 2016, pursuant to Resolution No. 2016-0305 and recorded in the office of the Woodbury County Recorder’s Office at Roll 746, Image 7918-7976; September 26, 2016, pursuant to Resolution No. 2016-0833 and recorded in the office of the Woodbury County Recorder’s Office at Roll 749, Image 6510-6529; March 20, 2017, pursuant to Resolution No. 2017-0250 and recorded in the office of the Woodbury County Recorder’s Office at Roll 751, Image 15120-15179; November 13, 2017, pursuant to Resolution No. 2017-1012 and recorded in the office of the Woodbury County Recorder’s Office at Roll 756, Image 216-233; February 12, 2018, pursuant to Resolution No. 2018-0130 and recorded in the office of the Woodbury County Recorder’s Office at Roll 757, Image 5137-5160; April 9, 2018, pursuant to Resolution No. 2018-0277 and recorded in the office of the Woodbury County Recorder’s Office at Roll 758, Image 3438-3500; September 10, 2018, pursuant to Resolution No. 2018-0746 and rec- orded in the office of the Woodbury County Recorder’s Office at Roll 760, Image 10852-10875 and April 8, 2019, pursuant to Resolution No. 2019-0304 and recorded in the office of the Woodbury County Recorder’s Office at Roll 763, Image 10869-10937 is being further amended to add and/or confirm a proposed project to be undertaken within the Urban Renewal Area ("Amendment"). No land is being added to the Area by this Amendment.

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

PROPOSED URBAN RENEWAL PROJECTS

The following new subsections (aa), (bb) and (cc) to Section G (2) are added to the Plan as fol- lows:

G. Urban Renewal Projects

2. Development Agreements

aa. Historic 4th Street Development (2019)

The City is considering entering into a Development Agreement and Min- imum Assessment Agreement with a private developer for the construc- tion of a new facility and related improvements in downtown Sioux City. The City will provide TIF assistance in the form of property tax rebates or an economic development grant. Assistance shall not exceed $1,500,000.

bb. Historic 4th Street Redevelopment (2019)

The City is considering entering into a Development Agreement and Min- imum Assessment Agreement with a private developer for the redevel- opment of an existing historic building in downtown Sioux City. The City will provide TIF assistance in the form of property tax rebates or an eco- nomic development grant. Assistance shall not exceed $100,000.

cc. Badgerow Building (2019)

The City is considering entering into an agreement for the purchase of an existing historic building to be used for redevelopment. TIF funds shall not exceed $1,000,000.

DEBT

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

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

• Historic 4th Street Development (2019) $1,500,000 • Historic 4th Street Redevelopment (2019) $100,000 • Badgerow Building (2019) $1,000,000

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: November 18, 2019 ACTION ITEM # 17 Nicole M. DuBois, City Attorney FROM: Caleb C. Christopherson, Assistant City Attorney

Ordinance amending Chapter 7.01 entitled “Definitions and Penalties”, Chapter 7.02 entitled “Licensing of Dogs and Cats”, and Chapter 7.03 enti- tled “Animal Control,” to revise definitions, revise administrative proce- SUBJECT: dures, increase licensing amounts of unneutered animals, and establish scheduled fines related to violations of the animal code (First considera- tion passed November 4, 2019)

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

RECOMMENDATION: Staff respectfully requests the City Council adopt an Ordinance amending Chapter 7.01 enti- tled “Definitions and Penalties”, Chapter 7.02 entitled “Licensing of Dogs and Cats” and Chap- ter 7.03 entitled “Animal Control” to revise definitions, revise administrative procedures, in- crease licensing amounts of unneutered animals, and establish scheduled fines related to vio- lations of the Animal Code.

DISCUSSION: Amendments to Chapters 7.01, 7.02 and 7.03:

Chapter 7.01 - Definitions and Penalties: The Chapter is revised to clarify the definitions of Neutered animals and Injury.

Chapter 7.02 – Licensing of Dogs and Cats: This Chapter is revised to increase annual li- censing amounts for unneutered animals. Unneutered is used to describe both male and fe- male animals in the Ordinance. The annual license fee is proposed to increase from $11.00 to $15.00 for each neutered dog or cat and from $31.00 to $125.00 for each unneutered dog and unneutered cat. Additionally, late licensing fees have been increased.

Chapter 7.03 – Animal control: This Chapter is revised to provide additional clarification of the administrative process for determining High Risk and Vicious Animals. Additionally, scheduled violation amounts are proposed if an owner is found responsible for failing to pre- vent bites and attacks. The proposed amounts are as follows and have been increased to the maximum amount of penalty the City can implement under a municipal infraction:

A person who violates 7.03.063 Duty of owner to prevent animal bites or attacks and maintain control shall be subject to civil penalties as follows: a. For a violation not resulting in a bite or injury, a civil penalty of $100.00 shall be as-

sessed. b. For a violation which includes a bite or attack upon a domestic animal which is property of a person, which does not result in Serious Injury or death, a civil penalty of $150.00 shall be assessed. c. For a violation which results in Serious Injury or death upon a domestic animal which is property of a person, a civil penalty of $200.00 shall be assessed. d. For a violation which includes a bite upon a person not resulting in Injury, a civil penalty of $250.00 shall be assessed. e. For a violation resulting in Injury to a person, a civil penalty of $500.00 shall be assessed. f. For a violation resulting in Serious Injury or death to a person, a civil penalty of $750.00 shall be assessed.

Additional Requested Changes for consideration on Second Reading:

After the Council passed the first reading of the ordinance as set out above on November 4, 2019, staff received recommendations for additional revisions. Those revisions are attached to this RCA as a separately proposed draft ordinance for the Council’s review. Should the Coun- cil find these changes acceptable, a Motion would be needed to incorporate the changes into the Ordinance for consideration of the Second Reading.

Leash Law Revisions

Currently, the City Code allows for voice control of an animal or the requirement of a leash sixteen (16) feet or less when off the animal owner’s premises. The revisions eliminate the option for having an animal under voice control.

Definition change to the term “At large.” The proposed language is as follows: "At large" means any licensed or unlicensed animal found off the premises of its owner and not under the control of a person physically capable of controlling the animal, on a leash sixteen (16) feet or less in length.

Additionally, a new section is proposed to read as follows:

7.03.025 Leash Mandatory. Every dog off its owner's premises must be on a leash, cord, chain, or other similar re- straint, not more than sixteen feet in length, and under the control of a person compe- tent and physically capable to restrain and control the dog. Failure to comply with this section by any person owning, keeping, handling, or otherwise possessing such a dog under the person’s charge is unlawful. This section shall not apply within the confines of a dog park.

ADA Language Revisions

Revisions to Subsection 7.02.030(4), are proposed to clarify ADA language to read as follows:

4. Service animals, as defined by the Americans with Disabilities Act and applicable Federal administrative guidance, individually trained to assist a person with a disability by performing specific tasks; and

License Fee for Unneutered Animals:

Additional revisions to Subsection 7.02.020 (4) are proposed. The annual license fee for

neutered cats and dogs would be $15 per year. The fee for unneutered cats is proposed to remain at the current amount of $31 per year and unneutered dogs is proposed to change to $50 per year.

Violations under the Animal Control Chapters can be charged as either a municipal infraction or simple misdemeanor at the discretion of the Poundmaster. The amounts noted above are for municipal infractions. Simple misdemeanor violations are subject to a fine of $625.00 and up to thirty days in jail at the discretion of the Court.

FINANCIAL IMPACT: There is the potential for collection of increased licensing amounts.

ALTERNATIVES: Not approve the proposed changes.

ATTACHMENTS: Ordinance approved on First Reading of the Council on November 4, 2019 Proposed Ordinance with additional revisions

ORDINANCE NO. 2019 - ______

ORDINANCE AMENDING CHAPTER 7.01 ENTITLED “DEFINITIONS AND PENALTIES”, CHAPTER 7.02 ENTITLED “LICENSING OF DOGS AND CATS”, AND CHAPTER 7.03 ENTITLED “ANIMAL CONTROL,” TO REVISE DEFINI- TIONS, REVISE ADMINISTRATIVE PROCEDURES, INCREASE LICENSING AMOUNTS OF UNNEUTERED ANIMALS, AND ESTABLISH SCHEDULED FINES RELATED TO VIOLATIONS OF THE ANIMAL CODE

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:1

Section 1: Subsection 7.01.010(13) of the Sioux City Municipal Code is amended to read as follows:

13. "High risk animal" means any animal that satisfies one or more of the following: a. Chases or approaches a person, domestic animal, fowl, or livestock in an apparent atti- tude of attack, or b. Attacks a person, domestic animal, fowl, or livestock, or c. Bites, harms, or attempts to bite or harm a person, domestic animal, fowl, or livestock; and d. Such action, attack, or bite as enumerated above in subsections (a), (b), and (c) results in a judgment against the owner for a violation of section 7.03.063; or e d. Has been trained to fight other domestic animals; or f e. Has been trained as a guard dog for people or property and is not subject to the provi- sions contained in chapter 7.07, as may be amended. g f. This section shall not apply to law enforcement canines. An animal provoked to an attitude of self-defense, or assumes a defensive attitude in protec- tion of its owner’s property shall not summarily be proposed to be a vicious high risk animal. The city manager or the city manager’s designee may take various factors into consideration when determining whether an animal meets this definition. These factors include, but are not limited to, whether the animal was provoked, or whether the animal was acting to protect itself, its own- er, or its owner’s property.

Section 2: Subsection 7.01.010(16) of the Sioux City Municipal Code is amended to read as follows:

16. "Neutered" , “Altered”, “Spayed” shall mean the same as “neutered,” “altered,” and “spayed,” and refers to a procedure that has been performed by a veterinarian on an animal, male or female, that renders it incapable of bearing offspring.

Section 3: Subsection 7.01.010(20) of the Sioux City Municipal Code is amended to read as follows:

20. "Vicious animal" means and includes any animal which bites or harms: a. A person or persons and the bite or harm causes bleeding or noticeable and documented injury to the person; or b. A domestic animal, fowl, or livestock such that the domestic animal, fowl, or livestock is significantly injured, requires medical attention, is maimed, or killed; and. c. Such action, attack, or bite as enumerated above in subsections (a) and (b) results in a

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

judgment against the owner for a violation of section 7.03.063. An animal provoked to an attitude of self defense, or assumes a defensive attitude in protec- tion of its owner’s property shall not summarily be proposed to be a vicious animal. The city manager or the city manager’s designee may take various factors into consideration when de- termining whether an animal meets this definition. These factors include, but are not limited to, whether the animal was provoked, or whether the animal was acting to protect itself, its owner, or its owner’s property.

Section 4: Section 7.01.010 of the Sioux City Municipal Code is amended by adding the follow- ing new subsection:

28. “Injury” means any visible or documented bodily injury not constituting “Serious Injury” as defined herein.

Section 5: Subsection 7.02.020(2) of the Sioux City Municipal Code is amended to read as fol- lows:

2. After March 1st of each license year, delinquent license fees in the amount of two fifteen dollars shall be assessed in addition to the annual license fee; after April 1st of each license year, delinquent license fees in the amount of four twenty dollars shall be assessed in addition to the annual license fee; and after May 1st of each license year, delinquent license fees in the amount of six twenty-five dollars shall be assessed in addition to the annual license fee. In those cases where, by reason of residence outside the corporate limits, age, or ownership, the dog or cat was not subject to licensing until after January 1st of the license year, the license fee shall become due and payable within sixty days after the date that such dog or cat first becomes sub- ject to the terms of this chapter. Sixty days after said date, the owner shall pay a delinquent- license fee of two fifteen dollars in addition to the annual license fee. Ninety days after said date, the owner shall pay a delinquent-license fee of four twenty dollars in addition to the annual license fee. After one hundred and twenty days from said date, the owner shall pay a delin- quent-license fee of six twenty-five dollars in addition to the annual license fee.

Section 6: Subsection 7.02.020(4) of the Sioux City Municipal Code is amended to read as fol- lows:

4. The annual license fee shall be $11.00 $15.00 for each neutered dog or cat and $31.00 $125.00 for each unneutered dog and unneutered cat. In those cases where a dog or cat be- comes subject to the terms of this chapter after July 1 of any license year, the fee shall be 1/2 of the annual license fee.

Section 7: Section 7.03.036 of the Sioux City Municipal Code is amended to read as follows:

7.03.036 Disposition of vicious or high risk animals 1. Any animal suspected of being or previously determined to be vicious or high risk shall be seized by an animal control officer and impounded in the animal . In the event the animal cannot be caught by an animal control officer without exposing the officer or citizens to danger or personal injury, a peace officer or animal control officer is authorized to humanely destroy the animal. This section shall not apply to a vicious animal which is housed or otherwise kept out- side the limits of the City, which is brought into the City for the sole purpose of receiving medical care in a bona fide, licensed veterinarian hospital or clinic for treatment. 2. An animal suspected of being high risk may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presentation of proof to the poundmaster of compliance with the requirements of section 7.03.070, with the exception of the spay and neuter

requirement. 3. An animal suspected of being vicious may be reclaimed by the owner of the animal upon: a. payment of impounding and boarding fees, b. presenting proof to the poundmaster that the animal shall be relocated outside the corpo- rate limits of Sioux City, and c. signing an agreement with the City that authorizes seizure and immediate disposition of the animal in accordance with law and without further notice, in the event the animal, while con- sidered vicious, is subsequently returned to any place within the corporate limits of Sioux City. 4. If an owner refuses the animal control officer entry upon property to view or seize an animal suspected of being vicious or high risk, the officer may request a search warrant through the city attorney or the city attorney’s designee from a judge or magistrate. Such requests shall detail the reason why the warrant is necessary and why the animal control officer has reason to be- lieve a violation of this title exists. 5. The owner of an animal seized under this section shall be cited for an applicable violation of this title. a. If the owner of an animal not previously determined to be vicious is ultimately found not guilty of violating section 7.03.063, section 7.03.065, or section 7.03.095, the animal involved shall be returned to the owner and the owner shall bear no costs of the confinement unless the confinement was a result of any other violation of a rule or law or part of an animal quarantine. If, after the conclusion of a court case, the owner does not redeem the animal, it will be held for fifteen (15) days and thereafter be disposed of in the following manner, as deemed appropriate by the city manager, the city manager’s designee, or the poundmaster: (1) Be humanely destroyed; or (2) Permanently relocated outside the city limits of the City of Sioux City; or (3) Sent to an animal rescue organization located outside the city limits of the City of Sioux City. b. If the owner is found guilty of or pleads guilty to a violation of section 7.03.063, section 7.03.065, or section 7.03.095 the owner is subject to penalties as set forth in Iowa Code Section 364.22, as amended, which may include an order to abate the violation by any means neces- sary including having the animal humanely destroyed by the poundmaster or the poundmaster’s designee. 6. Any animal previously determined to be a vicious animal which is seized or impounded within the City shall be disposed of in accordance with law without any further notice to the owner, if any. 7. If the owner is found guilty of or pleads guilty to a violation section 7.03.063, section 7.03.065, or section 7.03.095, the owner shall pay all confinement expenses of the animal.

Section 8: Section 7.03.063 of the Sioux City Municipal Code is amended to read as follows:

7.03.063 Duty of owner to prevent animal bites or attacks and maintain control. 1. The owner of an animal shall at all times maintain control of such animal to prevent the an- imal from biting, harming, chasing, harassing, or worrying any human, domestic animal, fowl, or livestock. The owner of an animal shall also maintain control of such animal to prevent the ani- mal from attempting to bite, harm, chase, harass, or worry any human, domestic animal, fowl, or livestock. 2. It shall be unlawful for an owner to fail to maintain control of an animal as provided in this section. 3. A person who violates this section shall be subject to the provisions of section 1.04.100. civil penalties as follows: a. For a violation not resulting in a bite or Injury, a civil penalty of $100.00 shall be as- sessed. b. For a violation which includes a bite or attack upon a domestic animal which is property

of a person, which does not result in Serious Injury or death, a civil penalty of $150.00 shall be assessed. c. For a violation which results in Serious Injury or death upon a domestic animal which is property of a person, a civil penalty of $200.00 shall be assessed. d. For a violation which includes a bite upon a person not resulting in Injury, a civil penalty of $250.00 shall be assessed. e. For a violation resulting in Injury to a person, a civil penalty of $500.00 shall be assessed. f. For a violation resulting in Serious Injury or death to a person, a civil penalty of $750.00 shall be assessed.

Section 9: Section 7.03.064 of the Sioux City Municipal Code is amended to read as follows:

7.03.064 Determination of a high risk or vicious animal. The determination of a high risk or vicious animal shall be in accordance with the following procedures: 1. The poundmaster or the poundmaster’s designee, upon issuance of a citation for violation of section 7.03.063 investigation of an incident alleging a bite or attack in violation of Section 7.03.063, may deem the animal(s) involved in the violation high risk or vicious. The poundmas- ter or poundmaster’s designee shall issue a written notice to the owner that the owner’s animal has been deemed high risk or vicious, as applicable. The citation should include a notation of said determination, if any, but the absence of a stated determination on the citation shall not prevent city staff or the poundmaster from making a subsequent determination at their discre- tion. The owner of the animal deemed high risk or vicious may appeal the decision within ten days, as provided below. 2. The owner of the animal may redeem the animal as provided in this chapter, as applicable. The animal shall be considered high risk or vicious (as applicable), pending the outcome of an administrative appeal as provided herein, and the final adjudication of a court case, if any. 3. Appeal. An owner whose animal is deemed to be high risk or vicious may appeal the de- termination to the city manager in accordance with procedures set forth in Section 2.06.070. The findings of the city manager or the city manager's designee as hearing officer shall be con- clusive. 4. The determination of an animal to be high risk or vicious shall become permanent upon both of the following: if a. no administrative appeal is sought in accordance with Section 2.06.070, or if an adminis- trative appeal proceeding results in affirming the high risk or vicious determination; and b. the owner is ultimately found liable for the cited violation of Section 7.03.063.

Section 10: Subsection 7.03.095(4) of the Sioux City Municipal Code is amended to read as follows:

4. Any animal believed by the city manager, the city manager’s designee, or the poundmaster to be a vicious animal shall be impounded, at the owner’s expense, until: a. the vicious determination becomes final and any court cases are resolved with final judg- ments resulting from administrative procedures as provided herein; or b. until the animal is reclaimed by the owner of the animal in accordance with Section 7.03.036(3).

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

Section 12: Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. These are: Subsection 7.01.010(13), Subsection 7.01.010(16), Subsection 7.01.010(20), Subsection 7.02.020(2), Subsection 7.02.020(4), Sec- tion 7.03.036, Section 7.03.063, Section 7.03.064, and Subsection 7.03.095(4), of the Sioux City Municipal Code.

Section 13: Effective Date. This ordinance shall be in full force and effect from and after its fi- nal passage and publication as by law provided.

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: November 18, 2019

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

I hereby certify that the foregoing was published in the Sioux City Journal on November 23, 2019

Lisa L. McCardle, City Clerk

ORDINANCE NO. 2019 - ______

ORDINANCE AMENDING CHAPTER 7.01 ENTITLED “DEFINITIONS AND PENALTIES”, CHAPTER 7.02 ENTITLED “LICENSING OF DOGS AND CATS”, AND CHAPTER 7.03 ENTITLED “ANIMAL CONTROL,” TO REVISE DEFINI- TIONS, REVISE ADMINISTRATIVE PROCEDURES, INCREASE LICENSING AMOUNTS OF UNNEUTERED ANIMALS, AND ESTABLISH SCHEDULED FINES RELATED TO VIOLATIONS OF THE ANIMAL CODE

BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:2

Section 1: Subsection 7.01.010(5) of the Sioux City Municipal Code is amended to read as fol- lows:

5. "At large" means any licensed or unlicensed animal found off the premises of its owner and not under the control of a person physically capable of controlling the animal, or and not on a leash longer then sixteen (16) feet or less in length.

Section 2: Subsection 7.01.010(13) of the Sioux City Municipal Code is amended to read as follows:

13. "High risk animal" means any animal that satisfies one or more of the following: a. Chases or approaches a person, domestic animal, fowl, or livestock in an apparent atti- tude of attack, or b. Attacks a person, domestic animal, fowl, or livestock, or c. Bites, harms, or attempts to bite or harm a person, domestic animal, fowl, or livestock; and d. Such action, attack, or bite as enumerated above in subsections (a), (b), and (c) results in a judgment against the owner for a violation of section 7.03.063; or e d. Has been trained to fight other domestic animals; or f e. Has been trained as a guard dog for people or property and is not subject to the provi- sions contained in chapter 7.07, as may be amended. g f. This section shall not apply to law enforcement canines. An animal provoked to an attitude of self-defense, or assumes a defensive attitude in protec- tion of its owner’s property shall not summarily be proposed to be a vicious high risk animal. The city manager or the city manager’s designee may take various factors into consideration when determining whether an animal meets this definition. These factors include, but are not limited to, whether the animal was provoked, or whether the animal was acting to protect itself, its own- er, or its owner’s property.

Section 3: Subsection 7.01.010(16) of the Sioux City Municipal Code is amended to read as follows:

16. "Neutered", “Altered”, “Spayed” shall mean the same as “neutered,” “altered,” and “spayed,” and refers to a procedure that has been performed by a veterinarian on an animal, male or female, that renders it incapable of bearing offspring.

Section 4: Subsection 7.01.010(20) of the Sioux City Municipal Code is amended to read as follows:

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

20. "Vicious animal" means and includes any animal which bites or harms: a. A person or persons and the bite or harm causes bleeding or noticeable and documented injury to the person; or b. A domestic animal, fowl, or livestock such that the domestic animal, fowl, or livestock is significantly injured, requires medical attention, is maimed, or killed; and. c. Such action, attack, or bite as enumerated above in subsections (a) and (b) results in a judgment against the owner for a violation of section 7.03.063. An animal provoked to an attitude of self defense, or assumes a defensive attitude in protec- tion of its owner’s property shall not summarily be proposed to be a vicious animal. The city manager or the city manager’s designee may take various factors into consideration when de- termining whether an animal meets this definition. These factors include, but are not limited to, whether the animal was provoked, or whether the animal was acting to protect itself, its owner, or its owner’s property.

Section 5: Section 7.01.010 of the Sioux City Municipal Code is amended by adding the follow- ing new subsection:

28. “Injury” means any visible or documented bodily injury not constituting “Serious Injury” as defined herein.

Section 6: Subsection 7.02.020(2) of the Sioux City Municipal Code is amended to read as fol- lows:

2. After March 1st of each license year, delinquent license fees in the amount of two fifteen dollars shall be assessed in addition to the annual license fee; after April 1st of each license year, delinquent license fees in the amount of four twenty dollars shall be assessed in addition to the annual license fee; and after May 1st of each license year, delinquent license fees in the amount of six twenty-five dollars shall be assessed in addition to the annual license fee. In those cases where, by reason of residence outside the corporate limits, age, or ownership, the dog or cat was not subject to licensing until after January 1st of the license year, the license fee shall become due and payable within sixty days after the date that such dog or cat first becomes sub- ject to the terms of this chapter. Sixty days after said date, the owner shall pay a delinquent- license fee of two fifteen dollars in addition to the annual license fee. Ninety days after said date, the owner shall pay a delinquent-license fee of four twenty dollars in addition to the annual license fee. After one hundred and twenty days from said date, the owner shall pay a delin- quent-license fee of six twenty-five dollars in addition to the annual license fee.

Section 7: Subsection 7.02.020(4) of the Sioux City Municipal Code is amended to read as fol- lows:

4. The annual license fee shall be: a. Cats: $15.00 for each neutered cat and $31.00 for each unneutered cat. b. Dogs: $11.00 $15.00 for each neutered dog or cat and $31.00 $50.00 for each unneu- tered dog and unneutered cat. In those cases where a dog or cat becomes subject to the terms of this chapter after July 1 of any license year, the fee shall be 1/2 of the annual license fee.

Section 8: Subsection 7.02.030(4) of the Sioux City Municipal Code is amended to read as fol- lows:

4. Seeing-Eye dogs properly trained to assist blind persons for the purpose of aiding them in going from place to place, a service animal as defined in Chapter 216C of the Iowa Code and Service animals, as defined by the Americans with Disabilities Act and applicable Federal ad- ministrative guidance, individually trained to assist a person with a disability by performing spe- cific tasks; provided, however, that such service animals are kept restrained on the owner's premises, or under supervision and control, and harnessed, tethered or leashed at all times; and

Section 9: Chapter 7.03 of the Sioux City Municipal Code is amended by adding the following new section:

7.03.025 Leash Mandatory. Every dog off its owner's premises must be on a leash, cord, chain, or other similar restraint, not more than sixteen feet in length, and under the control of a person competent and physically capable to restrain and control the dog. Failure to comply with this section by any person owning, keeping, handling, or otherwise possessing such a dog un- der the person’s charge is unlawful. This section shall not apply within the confines of a dog park.

Section 10: Section 7.03.036 of the Sioux City Municipal Code is amended to read as follows:

7.03.036 Disposition of vicious or high risk animals 1. Any animal suspected of being or previously determined to be vicious or high risk shall be seized by an animal control officer and impounded in the animal shelter. In the event the animal cannot be caught by an animal control officer without exposing the officer or citizens to danger or personal injury, a peace officer or animal control officer is authorized to humanely destroy the animal. This section shall not apply to a vicious animal which is housed or otherwise kept out- side the limits of the City, which is brought into the City for the sole purpose of receiving medical care in a bona fide, licensed veterinarian hospital or clinic for treatment. 2. An animal suspected of being high risk may be reclaimed by the owner of the animal upon payment of impounding and boarding fees, and presentation of proof to the poundmaster of compliance with the requirements of section 7.03.070, with the exception of the spay and neuter requirement. 3. An animal suspected of being vicious may be reclaimed by the owner of the animal upon: a. payment of impounding and boarding fees, b. presenting proof to the poundmaster that the animal shall be relocated outside the corpo- rate limits of Sioux City, and c. signing an agreement with the City that authorizes seizure and immediate disposition of the animal in accordance with law and without further notice, in the event the animal, while con- sidered vicious, is subsequently returned to any place within the corporate limits of Sioux City. 4. If an owner refuses the animal control officer entry upon property to view or seize an animal suspected of being vicious or high risk, the officer may request a search warrant through the city attorney or the city attorney’s designee from a judge or magistrate. Such requests shall detail the reason why the warrant is necessary and why the animal control officer has reason to be- lieve a violation of this title exists. 5. The owner of an animal seized under this section shall be cited for an applicable violation of this title. a. If the owner of an animal not previously determined to be vicious is ultimately found not guilty of violating section 7.03.063, section 7.03.065, or section 7.03.095, the animal involved shall be returned to the owner and the owner shall bear no costs of the confinement unless the confinement was a result of any other violation of a rule or law or part of an animal quarantine. If, after the conclusion of a court case, the owner does not redeem the animal, it will be held for fifteen (15) days and thereafter be disposed of in the following manner, as deemed appropriate by the city manager, the city manager’s designee, or the poundmaster:

(1) Be humanely destroyed; or (2) Permanently relocated outside the city limits of the City of Sioux City; or (3) Sent to an animal rescue organization located outside the city limits of the City of Sioux City. b. If the owner is found guilty of or pleads guilty to a violation of section 7.03.063, section 7.03.065, or section 7.03.095 the owner is subject to penalties as set forth in Iowa Code Section 364.22, as amended, which may include an order to abate the violation by any means neces- sary including having the animal humanely destroyed by the poundmaster or the poundmaster’s designee. 6. Any animal previously determined to be a vicious animal which is seized or impounded within the City shall be disposed of in accordance with law without any further notice to the owner, if any. 7. If the owner is found guilty of or pleads guilty to a violation section 7.03.063, section 7.03.065, or section 7.03.095, the owner shall pay all confinement expenses of the animal.

Section 11: Section 7.03.063 of the Sioux City Municipal Code is amended to read as follows:

7.03.063 Duty of owner to prevent animal bites or attacks and maintain control. 1. The owner of an animal shall at all times maintain control of such animal to prevent the an- imal from biting, harming, chasing, harassing, or worrying any human, domestic animal, fowl, or livestock. The owner of an animal shall also maintain control of such animal to prevent the ani- mal from attempting to bite, harm, chase, harass, or worry any human, domestic animal, fowl, or livestock. 2. It shall be unlawful for an owner to fail to maintain control of an animal as provided in this section. 3. A person who violates this section shall be subject to the provisions of section 1.04.100. civil penalties as follows: a. For a violation not resulting in a bite or Injury, a civil penalty of $100.00 shall be as- sessed. b. For a violation which includes a bite or attack upon a domestic animal which is property of a person, which does not result in Serious Injury or death, a civil penalty of $150.00 shall be assessed. c. For a violation which results in Serious Injury or death upon a domestic animal which is property of a person, a civil penalty of $200.00 shall be assessed. d. For a violation which includes a bite upon a person not resulting in Injury, a civil penalty of $250.00 shall be assessed. e. For a violation resulting in Injury to a person, a civil penalty of $500.00 shall be assessed. f. For a violation resulting in Serious Injury or death to a person, a civil penalty of $750.00 shall be assessed.

Section 12: Section 7.03.064 of the Sioux City Municipal Code is amended to read as follows:

7.03.064 Determination of a high risk or vicious animal. The determination of a high risk or vicious animal shall be in accordance with the following procedures: 1. The poundmaster or the poundmaster’s designee, upon issuance of a citation for violation of section 7.03.063 investigation of an incident alleging a bite or attack in violation of Section 7.03.063, may deem the animal(s) involved in the violation high risk or vicious. The poundmas- ter or poundmaster’s designee shall issue a written notice to the owner that the owner’s animal has been deemed high risk or vicious, as applicable. The citation should include a notation of said determination, if any, but the absence of a stated determination on the citation shall not prevent city staff or the poundmaster from making a subsequent determination at their discre- tion. The owner of the animal deemed high risk or vicious may appeal the decision within ten

days, as provided below. 2. The owner of the animal may redeem the animal as provided in this chapter, as applicable. The animal shall be considered high risk or vicious (as applicable), pending the outcome of an administrative appeal as provided herein, and the final adjudication of a court case, if any. 3. Appeal. An owner whose animal is deemed to be high risk or vicious may appeal the de- termination to the city manager in accordance with procedures set forth in Section 2.06.070. The findings of the city manager or the city manager's designee as hearing officer shall be con- clusive. 4. The determination of an animal to be high risk or vicious shall become permanent upon both of the following: if a. no administrative appeal is sought in accordance with Section 2.06.070, or if an adminis- trative appeal proceeding results in affirming the high risk or vicious determination; and b. the owner is ultimately found liable for the cited violation of Section 7.03.063.

Section 13: Subsection 7.03.095(4) of the Sioux City Municipal Code is amended to read as follows:

4. Any animal believed by the city manager, the city manager’s designee, or the poundmaster to be a vicious animal shall be impounded, at the owner’s expense, until: a. the vicious determination becomes final and any court cases are resolved with final judg- ments resulting from administrative procedures as provided herein; or b. until the animal is reclaimed by the owner of the animal in accordance with Section 7.03.036(3).

Section 14: Severability Clause. If any of the provisions of this ordinance are for any reason illegal or void, then the lawful provisions of this ordinance, which are separable from said unlaw- ful provisions shall be and remain in full force and effect, the same as if the ordinance contained no illegal or void provisions.

Section 15: Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. These are: Subsection 7.01.010(5), Subsection 7.01.010(13), Subsection 7.01.010(16), Subsection 7.01.010(20), Subsection 7.02.020(2), Sub- section 7.02.020(4), Subsection 7.02.030(4), Section 7.03.036, Section 7.03.063, Section 7.03.064, and Subsection 7.03.095(4) of the Sioux City Municipal Code.

Section 16: Effective Date. This ordinance shall be in full force and effect from and after its fi- nal passage and publication as by law provided.

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: November 18, 2019

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

I hereby certify that the foregoing was published in the Sioux City Journal on November 23, 2019

Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: November 18, 2019 ACTION ITEM # 18 FROM: James Haden, Service Director, Sioux City Fire Rescue, EMS Division

Resolution authorizing and approving an Intergovernmental Transfer of Public Funds Agreement with the Iowa Department of Human Services for SUBJECT: the purposes of securing ground emergency medical transport (GEMT) funding.

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

RECOMMENDATION: Staff respectfully requests Council to approve and authorize execution of an Intergovernmen- tal Transfer of Public Funds Agreement between Sioux City Fire Rescue and the Iowa De- partment of Human Services for the purpose of participation in the GEMT Program which in- creases reimbursement by the Federal Government for qualifying Medicaid patients trans- ported by ambulance.

DISCUSSION: The Ground Emergency Medical Transportation (GEMT) Program is a supplemental reim- bursement program that allows GEMT Providers to receive extra funds in addition to the nor- mal Medicaid reimbursement for service. Additional federal funds deposited through the cur- billing process would be subject to a percentage being submitted back to the Iowa De- partment of Human Services monthly to use for increasing reimbursement to eligible EMS Providers. The percentage Sioux City would be required to submit to the State is projected to be 40-42% of the additional federal dollars received. The City is required to pay the projected percentage prior to being authorized to submit GEMT invoices for reimbursement. Enrollment in the GEMT Program will require submission of an Annual Cost Report to maintain eligibility in the Program.

FINANCIAL IMPACT: Entering into an Intergovernmental Transfer of Public Funds Agreement with the Iowa De- partment of Human Services would increase ambulance reimbursement significantly for Medi- caid patients with no out-of-pocket expense for the City of Sioux City or the patient, however, the City must pay the projected State portion of the funds (40%) up front to be eligible to begin GEMT billing. Sioux City Fire Rescue estimates the up-front charge at $258,201. The up- front cost is due to a back-reimbursement from July 1, 2019 and represents 6 months of the State percentage. The City will receive the full reimbursement from GEMT (100%).

RELATIONSHIP TO STRATEGIC PLAN: Health and Safety Vision.

ALTERNATIVES Reject the Intergovernmental Transfer of Public Funds Agreement with the Iowa Department of Human Services to secure GEMT funding.

ATTACHMENTS: Resolution Intergovernmental Transfer of Public Funds Agreement House File No. 2285

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AUTHORIZING AND APPROVING AN INTERGOVERNMEN- TAL TRANSFER OF PUBLIC FUNDS AGREEMENT WITH THE IOWA DE- PARTMENT OF HUMAN SERVICES FOR THE PURPOSES OF SECURING GROUND EMERGENCY MEDICAL TRANSPORT (GEMT) FUNDING.

WHEREAS, Ground Emergency Medical Transportation Providers are authorized by House File 2285 of the 2018 Iowa Legislative Session to enter into and carry out an Intergovernmental Transfer Agreement to transfer funds through Intergovernmental Transfer Agreements to the Iowa Department of Human Services for use as the non-federal share of Medicaid expenditures; and

WHEREAS, Sioux City Fire Rescue desires to enter into an Intergovernmental Transfer of Pub- lic Funds Agreement with the Iowa Department of Human Services for the purposes of securing ground emergency medical transport (GEMT) funding; and

WHEREAS, there is attached hereto and by this reference made a part hereof, an Intergovern- mental Transfer of Public Funds Agreement between Sioux City Fire Rescue and the Iowa De- partment of Human Services providing for an intergovernmental transfer of funds in order to provide the non-federal share of the reconciled cost reimbursement amount for the uncompen- sated Medicaid cost associated with ground emergency medical transportation services, which Intergovernmental Transfer of Public Funds Agreement should be authorized and approved as to form and content.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the Intergovernmental Transfer of Public Funds Agreement between Sioux City Fire Rescue and the Iowa Department of Human Services for the purposes of securing ground emergency medical transport (GEMT) funding, as referred to in the preamble hereof, be and the same is hereby authorized and approved.

BE IT FURTHER RESOLVED that the Fire Chief be and he is hereby authorized and directed to execute said Intergovernmental Transfer of Public Funds Agreement for and on behalf of Sioux City Fire Rescue.

PASSED AND APPROVED: November 18, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

INTERGOVERNMENTAL TRANSFER OF PUBLIC FUNDS AGREEMENT BETWEEN THE IOWA DEPARTMENT OF HUMAN SERVICES AND

Sioux City Fire Rescue

Ground Emergency Medical Transportation Provider (GEMT Provider)

This Intergovernmental Transfer Agreement (Agreement) is entered into between the Iowa Department of Human Services (IDHS) and the ground emergency medical transportation (GEMT) Provider. It provides for an intergovernmental transfer of funds to the IDHS from the GEMT Provider in order to provide the non-federal share of the reconciled cost reimbursement amount for the uncompensated Medicaid cost associated with GEMT services.

The GEMT Provider is authorized by House File (HF) 2285 of the 2018 Iowa legislative session to enter into and carry out an Intergovernmental Transfer (IGT) Agreement to transfer funds through IGTs to the IDHS for use as the non-federal share of Medicaid expenditures.

AGREEMENT

1. GEMT Program Compliance. Attached hereto as Exhibit A is State Plan Amendment IA-19-002 (SPA), which address the GEMT Program. The GEMT Provider shall at all times comply with all requirements of the SPA.

2. Compliance with Provider Agreement and GEMT Program Eligibility. The GEMT Provider's Iowa Medicaid Provider Agreement is incorporated herein by reference. The parties stipulate to the inclusion of any future amendments or replacement of any such provider agreements by this reference. The GEMT Provider hereby represents, warrants and covenants that is and at all relevant times will be an Eligible GEMT Provider as that term is def► ned in the SPA. If at any time the GEMT Provider's status changes such that it is no longer an Eligible GEMT Provider, the GEMT Provider shall immediately notify the IDHS.

3. Fund Transfer. The GEMT Provider agrees to transfer funds to IDHS at the times and in the amounts determined in accordance with the following paragraphs of this Agreement. The transfer shall be made prior to the payment by IDHS for the uncompensated Medicaid cost associated with GEMT services. The GEMT Provider will transfer funds to IDHS equivalent to the non-federal share of the payments to be made upon notification by IDHS.

4. Funds Certification. The GEMT Provider shall certify that the funds transferred qualify for federal financial participation (FFP) pursuant to 42 CFR part 433 subpart B, and are not derived from impermissible sources such as recycled Medicaid payments, federal money excluded from use as State match, impermissible taxes, and non-bona f►de provider-related donations. Impermissible sources do not include revenue received from programs such as Medicare or Medicaid to the extent that the program revenue is not obligated to the State as the source of funding.

Updated October 14, 2019 5. Record Retention and Access. The parties agree that each shall maintain necessary records and supporting documentation applicable to the uncompensated Medicaid cost associated with GEMT services payments to assure that claims for total funds and federal funds are in accordance with applicable federal requirements, including but not limited to those record retention requirements set forth in the SPA. The parties agree to make those records available to the parties and to any and all state or federal oversight authorities immediately upon request.

6. Notices: Any written notice required by this Agreement shall be sent to:

For: Sioux City Fire Rescue GEMT Provider

Printed Name: Tom Everett

Title: Fire Chief

Address: 601 Douglas Street

Sioux City, IA 51101

E-mail address [email protected]

For IDHS:

Printed Name:

Title:

Address:

E-mail address:

7. Repayment Obligation: In the event that any State and/or federal funds are deferred and/or disallowed as a result of any audits or expended in violation of the laws applicable to the expenditure of such funds, the GEMT Provider shall be liable to the Agency for the full amount of any claim disallowed and for all related penalties incurred. The requirements of this paragraph shall apply to the GEMT Provider as well as any subcontractors of the GEMT Provider. To the extent that the GEMT Provider receives

Updated October 14, 2019

payments that exceed the permissible amount allowed pursuant to the SPA, the parties hereby deem the excess funds received by the GEMT Provider to be an "overpayment" subject to return to the IDHS within 60 days pursuant to Section 2.5 of the Provider Agreement.

8. Assignment: This Agreement is not assignable.

9. No Third Party Beneficiaries. There are no third party beneficiaries to this Agreement. This Agreement is intended only to benefit the IDHS and the GEMT Provider.

10. Amendment: This Agreement may be modified at any time by the written agreement of both parties.

11. Term & Termination: This Agreement covers the period beginning on or after July 1, 2019 and ending June 30, 2020. This Agreement may be canceled by either party after giving thirty (30) days prior notice in writing to the other party. All obligations of the parties incurred or existing under this Agreement as of the date of expiration or termination survive the expiration or termination of the Agreement.

12. Execution: In consideration of the mutual covenants in this Agreement and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into this Agreement and have caused their duly authorized representatives to execute this Agreement.

GEMT Provider

Sioux City Fire Rescue

Date

Printed Name

Tom Everett

Title Fire Chief

IOWA DEPARTMENT OF HUMAN SERVICES

Director Date Updated October 14, 2019 Attachment A — Approved State Plan Amendment IA-19-002

Updated October 14, 2019

Attachment 4.19-B

Revised Submission 7.10.19 PAGE - 16d -

State/Territory: IOWA

Methods and Standards for Establishing Payment Rates for Other Types of Care

Supplemental payment for publicly owned or operated ground emergency medical transportation providers

This program provides supplemental payments for eligible Ground Emergency Medical Transportation (GEMT) providers that meet specified requirements and provide GEMT services to Iowa Medicaid members.

Supplemental payments provided by this program are available only for the uncompensated and allowable direct and indirect costs incurred by eligible GEMT providers while providing GEMT services to Iowa Medicaid members. The supplemental payment covers the gap between the eligible GEMT provider's total allowable costs for providing GEMT services as reported on the GEMT services cost report and the amount of the base payment, mileage, and all other sources of reimbursement.

The supplemental payment amounts shall be calculated annually on a prospective basis after the conclusion of each state fiscal year (SFY). Payments shall not be paid as individual increases to current reimbursement rates as described in other parts of this state plan for GEMT services.

This supplemental payment applies only to Iowa Medicaid services rendered to Iowa Medicaid members by eligible GEMT providers on or after July 1, 2019.

A. Definitions

1. "Department" means the Iowa Department of Human Services.

2. "Direct Costs" means all costs that can be identified specifically with particular final cost objectives in order to meet all medical transportation mandates.

3. "Shared Direct Costs" are direct costs that can be allocated to two or more departmental functions or cost objectives on the basis of shared benefits.

4. "Indirect Costs" means costs for a common or joint purpose benefitting more than one cost objective that are allocated to each benefiting objective using an agency approved indirect rate or an allocation methodology. Indirect costs rate or allocation methodology must comply with 2 C.F.R. Part 200 and CMS non-institutional reimbursement policy.

State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019

Attachment 4.19-B

Revised Submission 7.10.19 PAGE - 16e-

State/Territory: IOWA

Supplemental payment for publicly owned or operated ground emergency medical transportation providers

5. GEMT Provider" means a provider who is eligible to receive supplemental reimbursement because it meets all of the following requirements continuously during the claiming period:

a. Provides Ground Emergency Medical Transportation services to Iowa Medicaid members.

b. It is a provider that is enrolled as an Iowa Medicaid provider for the period being claimed.

c. Is owned or operated by an eligible governmental entity, to include the state, a city, county, fire protection district, community services district, district, federally recognized Indian tribe or any unit of government as defined in 42 C.F.R. Sec. 433.50.

6. "Dry Run" means a run that does not result in either a transport or a delivery on-site of Medicaid covered services.

7. "GEMT Transport" means GEMT services provided by eligible GEMT providers to individuals and does not, include dry runs as defined in Paragraph, A.6.

8. "GEMT Services" means both the act of transporting an individual from any point of origin to the nearest medical facility capable of meeting the emergency medical needs of the patient, as well as the advanced, limited-advance, and basic life support services provided to an individual by GEMT providers before or during the act of transportation.

a. "Advanced Life Support" means special services designed to provide definitive prehospital emergency medical care, including but not limited to, cardiopulmonary resuscitation, cardiac monitoring, cardiac defibrillation, advanced airway management, intravenous therapy, administration with drugs and other medicinal preparations, and other specified techniques and procedures.

State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019

Attachment 4.19-B

Revised Submission 7.10.19 PAGE - 16f-

State/Territory: IOWA

Supplemental payment for publicly owned or operated ground emergency medical transportation providers

b. "Limited-Advanced Life Support" means special services to provide prehospital emergency medical care limited to techniques and procedures that exceed basic life support but are less than advanced life support services.

c. "Basic Life Support" means emergency first aid and cardiopulmonary resuscitation procedures to maintain life without invasive techniques.

9. "Service Period" means the period from July 1 through June 30 of each SFY.

I 0. "Shift" means a standard period of time assigned for a complete cycle of work, as set by each eligible GEMT provider. The number of hours in a shift may vary by GEMT provider, but will be consistent to each GEMT provider.

B. Supplemental Reimbursement Methodology — General Provisions

1. Computation of allowable costs and their allocation methodology must be determined in accordance with Medicaid cost principles at 2 C.F.R. Part 200, which establish principles and standards for determining allowable costs and the methodology for allocating and apportioning those expenses to the Iowa Medicaid program, except as expressly modified below.

2. Iowa Medicaid base payments to the GEMT providers for providing GEMT services are derived from the Ambulance provider fee schedule established for reimbursements payable by the Iowa Medicaid program by procedure code. The base payments for these eligible GEMT providers are fee-for-service (FFS) payments. The primary source of paid claims and other Iowa Medicaid reimbursements is the Iowa Medicaid Management Information System (IA-MMIS). The number of paid Iowa Medicaid FFS GEMT transports is derived from and supported by the IA-MMIS reports for services during the applicable service period.

State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019

Attachment 4.19-B

Revised Submission 7.10.19 PAGE - 16g-

State/Territory: IOWA

Supplemental payment for publicly owned or operated ground emergency medical transportation providers

3. The total uncompensated care costs of each eligible GEMT provider available to be reimbursed under this supplemental payment program will equal the shortfall resulting from the allowable costs determined using the Cost Determination Protocols (Section C.) for each eligible GEMT provider rendering GEMT services to Iowa Medicaid members net of the amounts received and payable from the Iowa Medicaid program and all other sources of reimbursement for GEMT services provided to Iowa Medicaid members. If the eligible GEMT providers do not have any uncompensated care costs, then the provider will not receive supplemental reimbursement under this supplemental payment program.

4. The Iowa Medicaid supplemental payment under this segment are the uncompensated care costs for GEMT services provided by eligible GEMT providers to Iowa Medicaid members as determined by the Prospective Supplemental Payment Amount (Section D.).

C. Cost Determination Protocols

1. An eligible GEMT provider's specific allowable cost per-GEMT transport rate will be calculated based on the provider's audited financial data reported on the GEMT services cost report. The per-GEMT transport cost rate will be the sum of actual allowable direct, shared direct, and indirect costs of providing GEMT services (excluding cost associated with dry runs as defined in Paragraph A.6 and runs where a Medicaid covered service was delivered but no transport occurred) divided by the actual number of GEMT transports (including dry runs as defined in Paragraph A.6 and runs where a Medicaid covered service was delivered but no transport occurred) provided for the applicable service period.

a. Direct costs for providing GEMT services include only the unallocated payroll costs for the shifts in which personnel dedicate 100 percent of their time to providing GEMT services, medical equipment and supplies, and other costs directly related to the delivery of covered services, such as first-line supervision, materials and supplies, professional and contracted services, capital outlay, travel, and training. These costs must be in compliance with Medicaid non-institutional reimbursement policies and are directly attributable to the provision of the GEMT services.

State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019

Attachment 4.19-B

Revised Submission 7.10.19 PAGE - 16h-

State/Territory: IOWA

Supplemental payment for publicly owned or operated ground emergency medical transportation providers

b. Shared direct costs for GEMT services must be allocated for personnel, capital outlay and other costs: such as medical supplies, professional and contracted services, training and travel. The personnel costs will be allocated based on a percentage of total hours logged performing GEMT services activities versus other service activities. The capital and other shared direct costs will be allocated based on the percentage of total call volume.

c. Indirect costs are determined by applying the cognizant agency specific approved indirect cost rate to its total direct costs (Paragraph C.1.a) or derived from provider's approved cost allocation plan. Eligible GEMT providers that do not have a cognizant agency approved indirect cost rate or approved cost allocation plan, the costs and related basis used to determine the allocated indirect costs must be in compliance with Medicaid cost principles specified at 2 C.F.R. Part 200.

d. The GEMT provider specific per-GEMT transport cost rate is calculated by dividing the total net GEMT services allowable costs (Paragraph C.1.a, C.1.b, and C. 1.c) of the specific provider by the total number of GEMT transports provided by the provider for the applicable service period.

D. Prospective Supplemental Payment Amount

1. The Department will calculate annual prospective supplemental payment amounts for eligible GEMT provider on a per-GEMT transport basis. The per-GEMT transport prospective supplemental payment amount for each provider is based on the provider's completed annual cost report in the format prescribed by the Department for the applicable cost reporting year. The Department will make adjustments to the as-filed cost report based on the results of the most recently retrieved IA-MMIS report.

2. Each eligible GEMT provider must compute the annual cost in accordance with the Cost Determination Protocols (Section C.) and must submit the completed annual as- filed cost report, to the Department five (5) months after the close of the service period.

State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019

Attachment 4.19-B

Revised Submission 7.10.19 PAGE - 16i-

State/Territory: IOWA

Supplemental payment for publicly owned or operated ground emergency medical transportation providers

3. The prospective supplemental payment amount is calculated by subtracting from Iowa Medicaid's portion of the total GEMT allowable costs (Paragraph C.1) from the as-filed cost report adjusted by the Department (Paragraph D.1), the total Iowa Medicaid base payments (Paragraph B.2) and other payments, such as Iowa Medicaid co-payments, received by the providers for providing GEMT services to Iowa Medicaid members. The result of this calculation is the uncompensated care costs for GEMT services provided to Iowa Medicaid members.

4. The result in Paragraph D.3 is divided by the Iowa Medicaid GEMT transports (including dry runs as defined in Paragraph A.6) from the as-filed cost report adjusted by the Department to calculate the per-GEMT services prospective supplemental payment amount. This amount will be paid prospectively, in addition to the Iowa Medicaid base payments (Paragraph B.2) on a claim by claim basis.

5. The prospective supplemental payment amount will be updated the following July 1, and every year thereafter, following submission and review of the cost report. Specifically, the prior year's uncompensated care amount per Medicaid transport will be paid as an adjustment to the following year's base rate.

E. Eligible GEMT Provider Reporting Requirements

Eligible GEMT providers shall:

1. Submit the GEMT services cost report no later than five (5) months after the close of the CY, unless a provider has made a written request for an extension and such request is granted by the Department.

2. Provide supporting documentation to serve as evidence supporting information on the submitted cost report and the cost determination as specified by the Department.

3. Keep, maintain, and have readily retrievable, such records as specified by the Department to fully disclose reimbursement amounts to which the eligible government entity is entitled, and any other records required by CMS.

State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019

Attachment 4.19-B

Revised Submission 7.10.19 PAGE - 16j-

State/Territory: IOWA

Supplemental payment for publicly owned or operated ground emergency medical transportation providers

4. Comply with the allowable cost requirements provided in 2 C.F.R. Part 200, and Medicaid non-institutional reimbursement policy.

F. Department Responsibilities

1. The Department will submit to CMS claims for GEMT services that are allowable and in compliance with federal laws and regulations and Medicaid non-institutional reimbursement policy.

2. The Department will, on an annual basis, submit any necessary materials to the federal government to provide assurances that claims will include only those expenditures that are allowable under federal law.

3. The Department may conduct on-site audits as necessary and will complete the audit within two years of the postmark date of the accepted cost report.

State Plan TN # IA-19-002 Effective July 1, 2019 Superseded TN # NEW Approved July 12, 2019 House File 2285 - Enrolled

House File 2285

AN ACT RELATING TO SUPPLEMENTAL REIMBURSEMENT FOR ELIGIBLE GROUND EMERGENCY MEDICAL TRANSPORTATION PROVIDERS THROUGH THE MEDICAID PROGRAM, AND INCLUDING EFFECTIVE DATE PROVISIONS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

Section 1. SUPPLEMENTAL REIMBURSEMENT FOR GROUND EMERGENCY MEDICAL TRANSPORTATION SERVICES PROVIDED TO MEDICAID BENEFICIARIES. 1. The department of human services shall submit a Medicaid state plan amendment to the centers for Medicare and Medicaid services of the United States department of health and human services to request authorization to establish and administer a methodology to provide supplemental reimbursement to eligible ground emergency medical transportation providers that provide ground emergency medical transportation services to Medicaid beneficiaries. For the purposes of this section, "eligible ground emergency medical transportation provider" means a provider who provides ground emergency medical transportation services to Medicaid beneficiaries and is enrolled as a Medicaid provider during the period being claimed. 2. The emergency medical transportation intergovernmental transfer obligation established under this section is contingent upon the continuation of the federal Medicaid funding methodology in effect on the effective date of this Act. If the federal methodology is changed after the effective date of this Act in a manner that negatively impacts the House File 2285, p. 2 intergovernmental transfer obligation, as determined by the department, the department shall no longer be obligated to continue the intergovernmental transfer. Sec. 2. EFFECTIVE DATE. This Act, being deemed of immediate importance, takes effect upon enactment.

LINDA UPMEYER CHARLES SCHNEIDER Speaker of the House President of the Senate

I hereby certify that this bill originated in the House and is known as House File 2285, Eighty-seventh General Assembly.

CARMINE BOAL Chief Clerk of the House

Approved , 2018 KIM REYNOLDS Governor