Agenda Setup

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

You are hereby notified a meeting of the City Council of the City of Sioux City, Iowa, will be held Monday, May 7, 2018, 4:00 p.m., local time, in the City 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 cellular phones and other communication devices while in the City Council Chambers.

1. Call of the roll - Silent prayer and Pledge of Allegiance to the Flag - Proclamations

CONSENT AGENDA

Items 2 through 16G constitute a Consent Agenda. Items pass unanimously unless a separate roll call vote is requested by a Council Member.

2. Reading of the City Council minutes of April 23 and 25, 2018. (CLOSED, REGULAR, JOINT)

3. BOA - Motion acknowledging Board of Adjustment actions of April 24, 2018.

4. HUNT - Motion approving and concurring in the award for the Hunt Elementary School Site Improvements Project – BP No. 1 by the Sioux City Community School District. (Project No. 6913-719-331)

5. BADGEROW - Resolution Assessing Unpaid Skywalk Operation Charges against 622 4th Street. (Badgerow Building)

6. HAWKINS - Resolution approving Renewal Option No. 1 with Hawkins, Inc. of Sioux Falls, South Dakota for an additional one (1) year period in connection with the purchase of aluminum sulfate commencing May 8, 2018 and ending May 7, 2019. (RFB No. 244893)

7. VINE - Resolution proposing to sell certain real property. (That part of vacated S. Irene Street abutting 2714 Vine Avenue) (Petitioner: Daniel R. Walsh and Corina R. Walsh) (Pur- chase price: $1,980 plus costs)

8. ACTIONS RELATING TO GRANTS

A. TENNIS - Resolution authorizing the Parks and Recreation Department to apply for and receive an Iowa Tennis Association Community Development Grant in the amount of $1,000 from the Iowa Tennis Association for youth tennis programs.

B. ACTION PLAN - Resolution approving the FY 2018 Annual Action Plan for the Sioux City Consortium in conjunction with the Community Development Block Grant Pro- gram, the HOME Investment Partnership Program, and the Emergency Solutions Grant Program, and authorizing and directing the City Manager to execute the necessary and required applications, assurances and certifications in connection with said programs.

9. ACTIONS RELATING TO STREET CLOSURES

A. SATURDAY IN THE PARK - Resolution temporarily closing 24th Street from Douglas Street to McDonald Street; Grandview Boulevard from 24th Street to Stone Park Boulevard and McDonald Street and Summit Street from 24th Street to the City’s greenhouse at 2701 Summit Street beginning at 12:00 a.m., July 7, 2018 and ending at 5:00 a.m., July 8, 2018 for the Saturday in the Park Festival.

B. LEEDS DAYS - Resolution temporarily closing the north/south alley between Central Street, Tyler Street, 42nd Street, and Floyd Boulevard beginning at 8:00 a.m., June 9, 2018 and ending at 1:00 a.m., June 10, 2018 and temporarily closing Floyd Boulevard from Harrison Street to Tyler Street beginning at 8:00 a.m. and ending at 2:00 p.m., June 10, 2018 to promote Leeds Community Days Street Dance and Car Show.

C. LEEDS PARADE - Resolution temporarily closing Jefferson Street from 40th Street to Floyd Boulevard and Floyd Boulevard from Jefferson Street to Springfield Street beginning at 6:00 p.m. and ending at 8:00 p.m., June 8, 2018 for the Leeds Community Days Parade.

10. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS

A. EXPLORERS - Resolution approving a Skybox Sublease Agreement with Irving Jen- sen, Jr. and the Sioux City Explorers Baseball Club, LLC.

B. DGR - Resolution approving Amendment No. 2 to the Consulting Services Agreement with DeWild Grant Reckert and Associates Company doing business as DGR Engi- neering of Sioux City, Iowa for additional design services related to the middle portion of the main parking lot from the east/west line of Line Drive south to the apparent intersection of Stadium Drive in an amount not to exceed $95,000 for the Lewis and Clark Park – Facility Upgrades. (3400 Line Drive)

C. EMS - Resolution authorizing a First Amendment to the 28E Agreement for Medical Emergency Response Services between the Sioux City EMS, a division of the City of Sioux City, Iowa and Dakota Valley Emergency Services District.

D. NELSON - Resolution approving the contract and performance bond with Nelson Con- struction & Development in the amount of $268,100 for the 2018 Discovery Parking Ramp Repair Project. (Project No. 6980-728-012)

E. ALBENESIUS - Resolution awarding and approving a contract to Mark Albenesius, Inc. in the amount of $29,620 for the 7th Street and Nebraska Street Hydrant Repair Project. (Project No. 6992-519-127)

F. HARRIS - Resolution awarding a contract to Steve Harris Construction in the amount of $699,207.82 for the Bridgeport West Improvements Harbor Drive Realignment Project. (Project No. 6845C-719-247)

G. MCCLURE - Resolution approving a Consulting Services Agreement with McClure En- gineering Company for design of the Glenn Avenue from South Cecelia Street to South Rustin Street Reconstruction Project in an amount not to exceed $455,716. (City Pro- ject No. 6964-719-357, Iowa DOT Project No. STP-U-7057(702)—70-97)

H. ANDRITZ - Resolution awarding and approving a procurement contract with submittal phase services for Bid Schedule No. 2 to Andritz Separation Technologies, Inc. in the amount of $750,000 for the Asset Renewal Phase 1 – Dewatering and Odor Control Procurement Project. (Project No. 6962-539-117)

I. HR GREEN - Resolution approving Amendment No. 2 to the Consulting Services Agreement with HR Green, Inc. for additional weeks of construction administration and observation in connection with the Riverfront Sanitary Sewer Interceptor Cleaning and Televising Project in an amount not to exceed $19,000.

J. THOMPSON - Resolution awarding and approving a contract to Thompson Electric Com- pany in the amount of $441,775 for the Tyson Events Center Lighting Retrofit Project. (Project No. 6951-379-025)

K. WARRIOR - Resolution approving a Termination Agreement with Historic Properties Block3, Ltd. in connection with the redevelopment of the Warrior Hotel located at 525 Pierce Street.

L. INFRATRACK - Resolution approving Change Order No. 3 to the contract with In- fraTrack, Inc. in the amount of $269,106.50 for additional work in connection with the Riverfront Sanitary Sewer Interceptor Cleaning and Televising Project. (Project No. 6900-539-189)

11. ACTIONS RELATING TO PERSONNEL

A. PATS - Resolution amending the Position Classification Manual adopted by Resolution No. 91/T-9972 by approving and adopting updated job descriptions for Professional, Administrative, Technical, Supervisory, Executive and Council-Appointed Employee positions. (Librarian, Recreation Coordinator, Communications Center Manager, Communications Center Director and Civil Engineer)

B. AFSCME - Resolution amending the Position Classification Manual adopted by Reso- lution No. S-31050 by approving and adopting updated job descriptions for American Federation of State, County and Municipal Employees (AFSCME) positions. (Commu- nications Operator and Lead Communications Operator)

12. ACTIONS AUTHORIZING THE ISSUANCE OF CHECKS

A. AG CONSTRUCTION - Resolution amending Resolution No. 2018-0191 which approved Change Order Nos. 1 and 2, accepted the work, and authorized final payment to AG Construction, Inc. for the 2017 Utilities Flatwork Project (Project No. 6914-519- 164), by revising the amounts of the final pay and retainage.

B. BRYANT - Resolution accepting the work and authorizing final payment to the Sioux City Community School District for the Bryant Elementary School Site Improvements Project. (Project No. 6773-719-036)

C. PIERCE - Resolution approving settlement of a damage claim and authorizing payment thereof. (Pierce Street Partners)

D. NELSON - Resolution approving payment of a worker’s compensation award. (Robert Nelson)

E. THEROS - Resolution approving payment of a worker’s compensation award (Gus The- ros)

13. TOTAL CHECKS - Approve total checks issued for the reporting of April 2018, in the amount of $7,911,779.48.

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

A. OVER-THE-COUNTER

1. 75 Pronto Express, 1800 Highway 75 North (Renewal) 2. Charlie’s Wine and Spirits, 507 West 19th Street (Renewal) 3. East End Car Wash, 5401 Morningside Avenue (Renewal) 4. Downtown Liquor, 1203 5th Street (Renewal) 5. Family Dollar No. 25720, 2200 Riverside Boulevard (Renewal) 6. Fareway No. 19, 4016 Indian Hills Drive (Renewal) 7. Fareway No. 22, 4040 War Eagle Drive (Renewal) 8. Fareway No. 829, 4257 Sergeant Road (Renewal) 9. Hy-Vee Food Store No. 1, 2827 Hamilton Boulevard (Renewal) 10. Hy-Vee Food Store No. 2, 4500 Sergeant Road (Renewal) 11. Hy-Vee Food Store No. 3, 3301 Gordon Drive (Renewal) 12. Hy-Vee Gas No. 1, 2801 Hamilton Boulevard (Renewal) 13. Hy-Vee Gas No. 2, 4450 Sergeant Road (Renewal) 14. Hy-Vee Mainstreet, 2611 Pierce Street (Renewal) 15. Jim’s Lounge, 4505 Stone Avenue (Renewal) 16. K and K Quick Corner, 1401 Court Street (Renewal) 17. Kum and Go No. 226, 1373 Pierce Street (Renewal) 18. Kum and Go No. 228, 1925 South Lakeport Street (Renewal) 19. Kum and Go No. 229, 1821 Hamilton Boulevard (Renewal) 20. Kum and Go No. 248, 2026 Riverside Boulevard (Renewal) 21. Kum and Go No. 251, 1005 Gordon Drive (Renewal) 22. Sam’s Club No. 6432, 4201 South York Street (Renewal) 23. Sam’s Mini Mart, 923 West 7th Street (Renewal) 24. Sarg’s Mini Mart, 2329 West 2nd Street (Renewal)

25. Sarg’s Mini Mart, 3407 Glenn Avenue (Renewal) 26. Select Mart, 2825 Gordon Drive (Renewal) 27. Spencer Gifts, 4400 Sergeant Road (Renewal) 28. Vi E-Cig and Vape Lounge, 3407 Singing Hills Boulevard (Renewal) 29. Walmart No. 1361, 3400 Singing Hills Boulevard (Renewal) 30. Walmart No. 3590, 3101 Floyd Boulevard (Renewal)

15. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES

1. CLASS B LIQUOR LICENSE (Hotel/Motel; liquor/wine/beer/wine coolers/carry-out) A. Stoney Creek Inn of Sioux City, 300 3rd Street (Renewal) 2. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) A. Castle Pub & Grill, 4400 Singing Hills Boulevard (Renewal) B. La Familia Nightclub, 420 Jackson Street (Renewal) C. Mavericks, 416 Cunningham Drive (Renewal) D. Rox & Rails, 1012 4th Street (Renewal) E. Sneaky’s Lounge, 3711 East Gordon Drive (Renewal) F. Tav on the Ave, 914 Morningside Avenue (Renewal) G. Teaser Gentlemens Club, 1127 4th Street (Temporary Outdoor Service for Awesome Biker Nights, June 15-17, 2018) H. Trattoria Fresco, 511 4th Street (New)

3. CLASS B BEER PERMIT (beer/carry-out beer/wine coolers) A. Schweddy’s Hot Dog Shop, 211 4th Street (New)

B. OFF PREMISE SALES

1. CLASS B WINE PERMIT (wine only) A. Sam’s Club No. 6432, 4201 South York Street (Renewal) 2. CLASS C BEER PERMIT (beer/wine coolers) A. Sam’s Club No. 6432, 4201 South York Street (Renewal) 3. CLASS E LIQUOR LICENSE (liquor only) A. Sam’s Club No. 6432, 4201 South York Street (Renewal)

16. BOARD, COMMISSION AND COMMITTEE MINUTES

A. Airport Board of Trustees – March 8, 2018 B. Art Center Board of Trustees – April 19, 2018 C. Board of Adjustment – April 24, 2018 D. Library Board of Trustees – April 18, 2018 E. Museum Board of Trustees – April 20, 2018 F. Planning and Zoning Commission – April 24, 2018 G. Seniors Advisory Committee – April 24, 2018

- End of Consent Agenda -

RECOMMENDATIONS OF PLANNING AND ZONING

17. Hearing and Ordinance rezoning 1501 Floyd Boulevard from Zone Classification NC.4 (Neighborhood Conservation, 5,000 square feet per unit minimum) to Zone Classification GC (General Commercial). (Petitioner: Dolf Ivener) The Planning and Zoning Commission recommends approval of this item. (File No. 2017-0020)

18. Hearing and Ordinance rezoning 3500 1/2 Hale Street from zone classification AG (Agricul- ture, 20 acres per unit minimum) to zone classification RR (2 acres per unit minimum). (Pe- titioner: David Berger) The Planning and Zoning Commission recommends approval of this item. (File No. 2018-0021)

19. Hearing and Ordinance vacating all that part of Prescott Street and the east/west alley adjacent to 2601 West 22nd Street. (Petitioner: James Marksbury) The Planning and Zoning Commission recommends approval of this item. (File No. 2018-0018)

20. Hearing and Ordinance rezoning 4021 Indian Hills Drive from Zone Classification PI (Public and Institutional) to Zone Classification NC.5 (Neighborhood Conservation, 5,000 square feet per unit minimum). (Petitioner: Brad Cummings Construction LLC) The Planning and Zoning Commission recommends approval of this item. (File No. 2018-0028)

21. Motion approving the preliminary plat of Indian Hills Court, an Addition to Sioux City, Wood- bury County, Iowa. (Petitioner: Brad Cummings Construction LLC) The Planning and Zon- ing Commission recommends approval of this item. (File No. 2018-0029)

HEARINGS

22. Hearing on a petition to amend the Ordinance creating the Sioux City Main Street Self- Supported Municipal Improvement District.

23. Motion to close the public hearing and to direct staff to prepare the ordinance for the renewal of the Main Street Self-Supported Municipal Improvement District for adoption at the June 11, 2018, meeting of the Sioux City Council.

24. Hearing and Resolution approving proposal to grant a temporary easement. (A portion of the vacated east/west alley adjacent to 1701 27th Street) (Petitioner: Benjamin F. Martin Jr. And Michelle L. Martin) (Purchase price: $15 plus costs)

25. Hearing and Resolution approving proposal to sell certain real property and authorizing a City deed. (that part of the vacated north/south alley abutting 821 30th Street, that part of the vacated north/south alley abutting 2934 Jones Street and that part of vacated 30th Street lying between Jones Street and Jennings Street) (Petitioner: The Sioux City Community School District in the Counties of Woodbury and Plymouth, State of Iowa) (Pur- chase Price: $1 plus costs)

26. Hearing and Resolution approving plans, specifications, form of contract, and estimated cost for the proposed construction of the Big Sioux River Trail – Phase 1 Project. (Project No. 6949-459-316)

27. Hearing on Manager’s Report on Demolition of and Resolution declaring a certain structure to be dangerous or dilapidated as defined by the Municipal Code and authorizing the City Manager to carry out such order to demolish said structure. (Address: 2221 Boies Street) (Property Owner: Bert T. Schauer)

28. Hearing and Resolution accepting the proposal of Sioux City Brick & Tile Company for the purchase of certain land in the Combined Central Sioux City – CBD Urban Renewal Area, and authorizing a Development Agreement and Minimum Assessment Agreement. (Property located 200 and 222 Floyd Boulevard) (Motion requested to defer this item to May 21, 2018)

DISCUSSION

29. Resolution inviting proposals for the lease of land in the Combined Central Sioux City -CBD Urban Renewal Area, announcing the intent to accept the proposal of SCE Partners, LLC, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (Property and air space located in the vicinity of 3rd Street and Pearl Street)

ORDINANCES

30. Ordinance amending Chapter 2.35 entitled “Events Facilities Advisory Board and Events Facilities Director” to reflect the change in management of the Tyson Events Center, Or- pheum Theater and Sioux City Convention Center. (First Consideration passed April 23, 2018)

31. CITIZEN CONCERNS

32. COUNCIL CONCERNS

33. ADJOURNMENT

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

The City of Sioux City does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Individuals who need auxiliary aids for effective communication in programs and services of the City of Sioux City are invited to make their needs and preferences known to the ADA Compliance Officer, City Hall, 405 6th Street, Room 204, (712) 279-6175. This notice is provided as required by Title II of the Americans with Disabilities Act of 1990. CITY COUNCIL CHAMBERS SIOUX CITY, IOWA APRIL 23, 2018

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

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

Motion by Scott, seconded by Moore, that Council enter closed session to discuss strategy with Counsel about matters that are presently in litigation because public disclosure would be likely to prejudice or disadvantage the position of the City in that litigation; all voting aye.

Motion by Scott, seconded by Groetken, that Council enter closed session to discuss strategy with Counsel in matters where litigation is imminent and its disclosure would be likely to prejudice or disadvantage the position of the City in that litigation; all voting aye.

Motion by Scott, seconded by Moore, that Council return to open session at 4:20 p.m.; all voting aye.

ADJOURNMENT

There being no further business, the meeting was adjourned at 4:21 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\2018\042318csm CITY COUNCIL CHAMBERS SIOUX CITY, IOWA APRIL 23, 2018

The Regular Meeting of the City Council was held at 4:22 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 Attorney; and Lisa McCardle, City Clerk.

Mayor Scott, on behalf of the City Council, proclaimed the month of April 2018 as “Community College Awareness Month” in Sioux City; Dr. Terry Murrell, Western Iowa Tech Community College, accepted the proclamation. Mayor Scott, on behalf of the City Council, also proclaimed the month of April 2018 as “Alcohol Awareness Month” in Sioux City; Britney Book, Siouxland Cares, accepted the proclamation.

1. The Council interviewed Shirley McLeod for a position on the Seniors Advisory Committee.

CONSENT AGENDA

Motion by Scott, seconded by Moore, to adopt the Consent Agenda; all voting aye. Items 2 through 17G are approved unanimously unless specifically noted after the item.

2. Reading of the City Council minutes of April 9, 2018.

Reading of the minutes of April 9, 2018, was waived and as part of the consent agenda the minutes were approved as presented.

3. EAB - Motion appointing David Hoferer to the Environmental Advisory Board for a three-year term expiring December 31, 2020, replacing Kathryn Pfaffle. 2018-0285

4. PIERCE - Resolution approving FY18 Pierce Corridor Facade Improvement Pro- gram funding in the total amount of $5,175. (1101 Pierce Street) 2018-0286

5. TRAIL - Resolution adopting plans, specifications, form of contract, and estimated cost for the proposed construction of the Big Sioux River Trail – Phase 1 Project. (Project No. 6949-459-316) 2018-0287

6. ACTIONS RELATING TO GRANTS

A. NEW HANGAR - Resolution authorizing the Airport Director to submit an Airport State Funding Application for a Commercial Service Vertical Infrastructure Grant in the amount of $110,000 to the Iowa Department of Transportation to assist in hangar refurbishment and potential new hangar construction at the Sioux Gateway Airport/Col. Bud Day Field. 2018-0288

B. NORTH RAMP - Resolution authorizing the Airport Director to submit an Airport State Funding Application for an Airport Improvement Program Grant in the amount of $367,500 to the Iowa Department of Transportation to assist in the North Ramp Access Taxilane Project at the Sioux Gateway Airport/Col. Bud Day Field. 2018-0289

C. GRASS ISLAND - Resolution authorizing the Airport Director to submit an Air- port State Funding Application for an Airport Improvement Program Grant in the amount of $464,000 to the Iowa Department of Transportation for the North General Aviation Ramp Access Taxiway Grass Island Project at the Sioux Gateway Airport/Col. Bud Day Field. 2018-0290

D. TAXIWAY C - Resolution authorizing the Airport Director to submit an Airport State Funding Application for an Airport Improvement Program Grant in the amount of $308,000 to the Iowa Department of Transportation for the Taxiway C Paved Shoulder Project at the Sioux Gateway Airport/Col. Bud Day Field. 2018-0291

E. HANGAR 802 - Resolution authorizing the Airport Director to submit an Airport State Funding Application for an Airport Improvement Program Grant to the Io- wa Department of Transportation in the amount of $408,000 to assist in the Hangar 802 Refurbishment Project at the Sioux Gateway Airport/Col. Bud Day Field. 2018-0292

F. FTA - Resolution authorizing the filing of applications with the Federal Transit Administration, an operating administration of the United States Department of Transportation, for federal transportation assistance authorized by 49 U.S.C Chapter 53, United States code and other federal statutes administered by the Federal Transit Administration. 2018-0293

G. FUNDING - Resolution authorizing and approving the submission of an application for annual consolidated transit assistance funding from the Iowa Depart- ment of Transportation. 2018-0294

7. ACTIONS RELATING TO STREET CLOSURES

A. HEELAN - Resolution temporarily closing Pierce Street from 5th Street to 6th Street and the adjacent east/west alleys between the west end of the Wilbur Aalfs Library to the east end of the Orpheum Theatre beginning at 1:00 p.m. and ending at 4:00 p.m., May 20, 2018 to accommodate the Bishop Heelan High School outdoor graduation reception. 2018-0295

B. FALLEN PROJECT - Resolution temporarily closing Pierce Street from 5th Street to 6th Street beginning at 5:00 p.m. and ending at 10:00 p.m., May 4, 2018 for the Fallen Project, sponsored by the Sioux City Police Officer’s Asso- ciation, at the Orpheum Theatre. 2018-0296

C. MORNINGSIDE DAYS - Resolution temporarily closing Orleans Avenue from Morningside Avenue to South Saint Aubin Street beginning at 12:01 a.m., May 15, 2018 and ending at 12:00 Midnight, May 20, 2018 to accommodate the Morningside Days Carnival and temporarily closing Morningside Avenue from South Lakeport Street to Peters Avenue and Peters Avenue from Morningside Avenue to South Alice Street beginning at 5:30 p.m. and ending at 8:00 p.m., May 17, 2018 and restricting travel to local traffic only on the side street north of Morningside Avenue from Morningside Avenue to Garretson Avenue on South Nicollet Street and the side streets south of Morningside Avenue from Morning- side Avenue to Glenn Avenue on South Nicollet Street and 3rd Avenue, 4th Av- enue, 5th Avenue and the east/west alleyways between South Nicollet Street and South Clinton Street to accommodate the Morningside Days Parade. 2018-0297

8. CIVIL PENALTIES AND SUSPENSIONS

A. HUNAN - Resolution assessing a civil penalty of $500 against SKC Internation- al, Incorporated doing business as Hunan Palace Chinese Restaurant, 3523 Singing Hills Boulevard, Sioux City, Iowa, for violation of the Iowa beer/wine and liquor laws. 2018-0298

B. SHAHI - Resolution assessing a civil penalty of $500 against Shahi Palace Two, Incorporated doing business as Shahi Palace, 3146 Singing Hills Boule- vard, Sioux City, Iowa, for violation of the Iowa beer/wine and liquor laws. 2018-0299

C. WHITE OAK -Resolution fixing a date, time and place for a hearing on a proposed civil penalty of $300 against White Oak Station II, LLC doing business as White Oak Station No. 55, 2930 Gordon Drive, Sioux City, Iowa, for violation of the Iowa cigarette laws. 2018-0300

D. GREENVILLE - Resolution fixing a date, time and place for a hearing on a proposed civil penalty of $300 against Greenville Pharmacy, Incorporated doing business as Greenville Pharmacy, Incorporated, 2705 Correctionville Road, Sioux City, Iowa, for violation of the Iowa cigarette laws. 2018-0301

9. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS

A. NELSON - Resolution awarding a contract to Nelson Construction & Develop- ment in the amount of $268,100 for the 2018 Discovery Parking Ramp Repair Project. (Project No. 6980-728-012) 2018-0302

B. BACON CREEK - Resolution approving Amendment No. 2 to the Consulting Services Agreement with Bacon Creek Design, Inc. of Sioux City, Iowa for additional design services in connection with the Big Sioux River Trail – Phase I Project in an amount not to exceed $14,800. 2018-0303

Matt Salvatore, Parks and Recreation Director, provided information on the item. Doug Rose, Bacon Creek Design, spoke on the item.

C. JEO - Resolution approving an Engineering Services Agreement with JEO Consulting Group, Inc., of South Sioux City, Nebraska, for design of the Zenith Water Treatment Plant Chemical Improvements Project (CIP No. 519-256) in an amount not to exceed $48,150. 2018-0304

Brad Puetz, Water Plant Superintendent, provided information on the item.

D. GURNEY - Resolution approving Change Order No. 1 to the Service Provider Agreement with Bert Gurney & Associates, Inc. of Omaha, Nebraska, for additional work needed on the pump located at 1425 Bluff Road, Sioux City, Iowa in an amount not to exceed $31,039. 2018-0305

E. HEARTHSTONE - Resolution authorizing and approving a subordination agreement between Iowa State Bank and the City of Sioux City in connection with the development of affordable housing by SXCIA, Limited Partnership for Hearthstone Apartments, 2301 West 19th Street, Sioux City, Iowa. 2018-0306

F. ROCKLIN - Resolution authorizing and approving an Assignment and Assump- tion Agreement between Rocklin Manufacturing Company and 110 SJ, LLC. (110 South Jennings Street) 2018-0307

G. ROCKLIN - Resolution authorizing and approving a First Amendment to the Development Agreement and Minimum Assessment Agreement with Rocklin Manufacturing Company. (110 South Jennings Street) 2018-0308

H. DGR - Resolution approving Amendment No. 1 to the Consulting Services Agreement with DeWild Grant Reckert and Associates Co. doing business as DGR Engineering of Sioux City, Iowa, for the development of an equipment bid package in connection with the Cook Park Splash Pad Project in an amount not to exceed $3,000. 2018-0309

I. KNIFE RIVER - Resolution approving the contract and performance bond with Knife River Midwest LLC in the amount of $2,265,499.23 for the Morningside Avenue Reconstruction (South Nicollet Street to South Lakeport Street) Project, Iowa Department of Transportation Project No. STP-U-7057(698)—70-97. (City Project No. 6877-719-139) 2018-0310

J. ALBENESIUS - Resolution awarding and approving a contract to Mark Albene- sius, Inc. in the amount of $192,810 for the Arch Pipe Extension Project. (Pro- ject No. 6981-749-106) 2018-0311

K. FEH - Resolution Authorizing and Approving a Settlement Agreement and Re- lease with FEH Realty, LLC. (419 8th Street and 805 Pierce Street) 2018-0312

L. FEH - Resolution terminating the Development Agreement and Minimum As- sessment Agreement with FEH Realty, LLC. (419 8th Street and 805 Pierce Street) 2018-0313

10. ACTIONS RELATING TO PERSONNEL

A. INTERN - Resolution amending the Position Classification Manual adopted by Resolution No. S-31050 by approving and adopting an updated job description for the position of Student Intern, Class Code IV-8002. 2018-0314

B. INTERN PAY - Resolution amending the salary schedule for Seasonal Laborer, Recreation and Events Facilities Department personnel by reclassifying the position of Student Intern to pay range C 10. 2018-0315

11. ACTIONS AUTHORIZING THE ISSUANCE OF CHECKS

A. SARGENT - Resolution approving Change Order No. 1, accepting the work and authorizing final payment to Sargent Irrigation and Well Drilling of Geneva, Ne- braska, in connection with the Well No. 11 Rehabilitation Project. 2018-0316

B. PLAINS - Resolution accepting the work and authorizing final payment to Plains Boiler Service, Inc. of Sioux City, Iowa for the removal and replacement of the boiler at the Sioux City Convention Center. (801 4th Street) 2018-0317

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

C. L&L - Resolution approving Change Order No. 1, accepting the work and authorizing final payment to L&L Builders Co., of Sioux City, Iowa, for the Elevator Replacement Project (Project No. 749-104) at the Sioux Gateway Airport/Col. Bud Day Field. 2018-0318

12. ACTIONS RELATING TO PROPERTY

A. BRYANT - Resolution proposing to sell certain real property. (that part of the vacated north/south alley abutting 821 30th Street, that part of the vacated north/south alley abutting 2934 Jones Street, and that part of vacated 30th Street lying between Jones Street and Jennings Street) (Petitioner: The Sioux City Community School District in the Counties of Woodbury and Plymouth, State of Iowa) (Purchase Price: $1 plus costs) 2018-0319

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

Request by Scott to pull the item from the Consent Agenda for a separate vote. The item was moved and seconded as part of the Consent Agenda; Capron and Scott voting nay; Groetken and Watters voting aye; Moore abstaining due to a conflict of interest; thus, the item failed to receive a simple majority vote required for approval, and fails.

Motion by Capron, seconded by Groetken, to reconsider the resolution; Capron, Groetken, and Watters voting aye; Scott voting nay; Moore abstaining due to a conflict of interest; thus, the motion was approved and the resolution was recon- sidered.

The item was moved and seconded as part of the Consent Agenda; Capron, Groetken, and Watters voting aye; Scott voting nay; Moore abstaining due to a conflict of interest; thus, the motion is approved after reconsideration.

B. 27TH STREET - Resolution proposing to grant a Temporary Easement. (a portion of the vacated east/west alley adjacent to 1701 27th Street) (Petitioner: Benjamin F. Martin Jr. and Michelle L. Martin) (Purchase price: $15 plus costs) 2018-0320

C. ONE SITE - Resolution inviting proposals for the sale of land in the Combined Floyd River Urban Renewal Area, announcing the intent to accept the proposal of One Site Development, LLC, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (A 1.0 acre parcel within Lot 3, Northern Valley Crossing, Second Filing) 2018-0321

13. ACTIONS RELATING TO ASSESSMENTS

A. NUISANCE - Resolution fixing the amounts to be assessed against private properties, adopting and levying schedule of assessments for the April 2018 Nuisance Abatement Program, authorizing civil actions and providing for the payments thereof. 2018-0322

Darrel Bullock, Code Enforcement Manager, provided information on the item.

B. SNOW - Resolution fixing the amount to be assessed against private property, adopting and levying schedule of assessments for the FY 2018 Sidewalk Snow Removal Program and providing for the payment thereof. 2018-0323

Darrel Bullock, Code Enforcement Manager, provided information on the item.

14. PURCHASING

A. GILLIG - Resolution awarding a purchase order to Gillig LLC of Hayward, Cali- fornia, in an amount not to exceed $417,056 for the purchase of one 35 foot heavy-duty, low-floor diesel bus for the Sioux City Transit System. (Accounting Contract No. 19920) 2018-0324

B. GILLIG - Resolution awarding a purchase order to Gillig LLC of Hayward, Cali- fornia, in an amount not to exceed $417,056 for the purchase of one 35 foot heavy-duty, low-floor diesel bus for the Sioux City Transit System. (Accounting Contract No. 19648) 2018-0325

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

A. OVER-THE-COUNTER

1. Central Mart, 2501 Floyd Boulevard (Renewal) 2. Central Mart, 1000 Morningside Avenue (Renewal) 3. Paxton Street Tavern, 2110 South Paxton Street (Renewal) 4. P.G. Mini Mart, 800 Hamilton Boulevard (Renewal) 5. Sarg’s Mini Mart, 1545 Indian Hills Drive (Renewal) 6. Select Mart, 4103 Floyd Boulevard (Renewal) 7. Tobacco Hut, 4523 Morningside Avenue (Renewal)

16. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES

1. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) A. 1008 Key Club, 1008 4th Street (Renewal) B. Bill’s Bar, 2110 Court Street (Renewal) C. Buffalo Wild Wings, 5001 Sergeant Road (Renewal) D. Crash Boom Bang, 213 4th Street (Temporary Outdoor Service for Bat- tery Park Concert Series, May 4-5 and 30-31, 2018, June 16-17 and 29- 30, 2018, July 13-16 and 24-25, 2018, August 6-7, 2018, September 1-2 and 15-16, 2018) E. El Herradero, 1223 Court Street (Renewal) F. J T’s Pub, 1742 Riverside Boulevard (Renewal) G. La Fiesta Charra, 3079 Floyd Boulevard (Renewal) H. The Marquee, 1225 4th Street (Renewal) I. Marty’s Tap, 1306 Court Street (Renewal) J. Work and Church, 215 4th Street (Temporary Outdoor Service for Bat- tery Park Concert Series, May 4-5 and 30-31, 2018, June 16-17 and 29- 30, 2018, July 13-16 and 24, 2018) 2. SPECIAL CLASS C LIQUOR LICENSE (wine/beer/wine coolers/carry-out) A. Bob Roe’s Point After, 3609 Peters Avenue (New Five-Day License, Hosting Morningside College President’s Reception) 3. CLASS B BEER PERMIT (beer/carry-out beer/wine coolers) A. Chuck E. Cheese’s, 4400 Sergeant Road Suite 536 (Renewal) B. Sioux City Stampede, 100 West 17th Street (New)

B. OFF PREMISE SALES

1. CLASS B WINE PERMIT (wine only) A. East End Car Wash and Detail Center, 5401 Morningside Avenue (Re- newal and Permanent Premise Update Enlargement) 2. CLASS C BEER PERMIT (beer/wine coolers) A. East End Car Wash and Detail Center, 5401 Morningside Avenue (Re- newal and Permanent Premise Update Enlargement)

17. BOARD, COMMISSION AND COMMITTEE MINUTES

A. Historic Preservation Commission – March 13, 2018 B. Human Rights Commission – April 5, 2018 C. Mayor’s Youth Commission – March 5, 2018 D. Planning and Zoning Commission – April 10, 2018 E. Sioux City Sports Commission – April 11, 2018 F. Transit Advisory Board – March 28, 2018 G. Woodbury County Information and Communication Commission – March 14, 2018

- End of Consent Agenda -

RECOMMENDATIONS OF PLANNING AND ZONING

18. Motion approving the preliminary plat of Stockyards Third Addition, a replat of portions of Stockyards First Addition, and a portion of relocated South Lafayette Street, all in the City of Sioux City, Woodbury County, Iowa. (Petitioner: H & R Construc- tion) The Planning and Zoning Commission recommends approval of this item. (File No. 2018-0024) 2018-0326

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

Motion by Scott, seconded by Watters, to approve the motion; all voting aye.

HEARINGS

19. Hearing and Resolution accepting the proposal of Aldi, Inc. (Minnesota) for the purchase of certain land in the Combined Floyd River Urban Renewal Area, and authorizing a development agreement. (A 2.61 acre parcel within Lot 2, Northern Val- ley Crossing, Second Filing) 2018-0327

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

20. Hearing and Resolution approving plans, specifications, form of contract, and estimated cost for construction of the Garretson Avenue Realignment Project. (Project No. 6839A-139-018) (Motion requested to delete this item)

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

21. Hearing and Resolution instituting proceedings to take additional action for the issuance of not to exceed $15,500,000 General Obligation Urban Renewal Bonds. 2018-0328

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

22. Hearing and Resolution instituting proceedings to take additional action for the issuance of not to exceed $7,000,000 General Obligation Refunding Bonds. 2018-0329

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

ORDINANCES

23. Ordinance amending Chapter 2.35 entitled “Events Facilities Advisory Board and Events Facilities Director” to reflect the change in management of the Tyson Events Center, Orpheum Theater, and Sioux City Convention Center.

Robert Padmore, City Manager, provided information on the item. Dave Madsen, 3011 Chestnut Ave, President Events Facility Advisory Board; Mark Lopez, 3813 Orleans Ave; and Regan Cote, Executive Director Downtown Partners; spoke on the item.

Motion by Moore, seconded by Groetken, to amend the ordinance by increasing the number of members that shall be residents of the City of Sioux City from two to four, bringing the total number of members to nine, and directing staff to make changes to the ordinance that correspond to the increase of members; Capron, Groetken, Moore, and Watters voting aye; Scott voting nay.

The ordinance was considered on motion by Capron, seconded by Watters, to pass first consideration as amended; Capron, Groetken, Moore, and Watters voting aye; Scott voting nay.

DISCUSSION

24. Resolution directing the advertisement for sale of $20,845,000 General Obligation Bonds, Series 2018A, and approving electronic bidding procedures and official statement. 2018-0330

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

25. Resolution directing the advertisement for sale of $15,040,000 Taxable General Ob- ligation Bonds, Series 2018B, and approving electronic bidding procedures and official statement. 2018-0331

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

26. Resolution directing the advertisement for sale of $2,265,000 General Obligation Urban Renewal Bonds, Series 2018C, and approving electronic bidding procedures and official statement. 2018-0332

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

PRESENTATION

27. Presentation and Discussion of FY 2018 Quarterly Financial Reports for Quarter Ending March 31, 2018.

Donna Forker, Finance Director, provided information on the item.

Moore exited the meeting at 5:59 p.m. and did not return.

28. CITIZEN CONCERNS

Doug Rose, 220 S Westcott St, spoke on the City Inspection Services Division, building code in the City, and required detention systems; Dave Carney, Public Works Director, provided information on City Code pertaining to detention basins.

29. COUNCIL CONCERNS

Groetken inquired about opening 11th St from Douglas St to Grandview Blvd, when the old Heelan High School is torn down; Groetken stated he has heard several concerns about the amount of traffic that may be generated on 11th St which will run past the new Heelan High School. Jeff Hanson, Community Development Operations Manager, stated the plan to open 11th St has been in place for over 30 years; City staff is meeting with the Heelan Campus Committee to plan the design of the street; and there should only be local traffic due to the number of stop signs, stop lights, and the grade of the hill on the street.

Capron stated she attended the Litter Dash on Friday, April 20th and attendance for the event was very good; there were 1,800 volunteers including 600 student volunteers from North High School participating.

Watters stated there will be a Mental Wellness Fair held Saturday, April 28th at 10 am at Miracle League Field. Watters asked City staff to provide information on the Washing- ton Conference they attended last week; Jill Wanderscheid, Neighborhood Services Manager; Dave Carney, Public Works Director; Marty Dougherty, Economic and Com- munity Development Director; and Robert Padmore, City Manager; attended the conference as well as Council Members Dan Moore and Alex Watters. Wanderscheid, Car- ney, and Dougherty provided information on their participation at the conference.

Scott stated he feels the City should not allow anybody to build on City property until they have actually purchased the property because of the liability created by allowing them to build before they own it. Scott also inquired about the frequency of monthly meetings with Major Industrial users; Mark Simms, Utilities Director, stated the meetings are held as needed and there have been 3 meetings held in 2018 to date; Scott directed Simms to send a letter to all Major users informing them of meetings and their right to attend.

30. ADJOURNMENT

There being no further business, the meeting was adjourned at 6:10 p.m., on motion by Scott, seconded by Watters; all voting aye.

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

City Council minutes are available on the Internet at www.sioux-city.org. u:\CityAgenda\Minutes and Agendas\Council Minutes\2018\042318m CITY HALL - LL CONF ROOM SIOUX CITY, IOWA APRIL 25, 2018

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

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

Staff members present included: Robert Padmore, City Manager; Nicole M. DuBois, City Attorney; Heidi Farrens, Deputy City Clerk; Dave Carney, Public Works Director; and Justin Pottorff, Civil Engineer.

Members of the Parking and Skywalk System Board of Trustees: Alexcia Boggs; Ragen Cote; Monette Harbeck; Matt Robins; and Pat Rosacker.

Others present: Ann Mach, Mark Nordin, and Scott Houck, ABM Parking; and Mike Carlson, First Class Security.

Boggs welcomed Council and led introductions of the board.

Groetken entered the meeting at 12:03 p.m.

Resolution approving Change Order No. 2 to the contract with Executive Companies, Incorporated in the amount of $35,820 for Bank Stabilization work in connection with the Channel Improvements, South Saint Aubin Street to Lincoln Way Project. (Project No. 6871-549-020) 2018-0333

Justin Pottorff, Civil Engineer, provided information on the item.

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

Harbeck provided an update on the Parking and Skywalk System Board’s accomplish- ments including: completing an LED lighting project at Heritage Ramp; replacement of aging hand-held ticket writing computers and parking meter inventory and repair systems; new ramp signage; and implementation of one-hour free parking trial at parking ramps.

Harbeck spoke about the Parking and Skywalk System Board’s goals for the upcoming year including: replacement of five HVAC units in the skywalk system; sandblasting and painting the exterior of skywalk bridges; new ramp signage; begin a maintenance construction project at Discovery Ramp; and complete wall and ceiling repairs in the east/west corridor from Rivers Landing Ramp to the Museum.

Group discussion was held regarding safety in the skywalk system and parking ramps. Carlson provided information about the procedures of the guards. Harbeck discussed the cooperation and visibility of the Police Department in addition to First Class Security.

Watters spoke about painting projects on both the interior and exterior of the skywalk system. Group discussion was held about the ongoing construction at Discovery Park- ing Ramp and its effects on budget and other potential projects.

Council thanked the board for their time and efforts.

ADJOURNMENT

There being no further business, the meeting was adjourned at 12:36 p.m., on motion by Moore, seconded by Scott; 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\2018\042518jointm

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 3 FROM: Jeff Hanson, Community Development Operations Manager (CRM)

SUBJECT: Motion acknowledging Board of Adjustment actions of April 24, 2018.

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

RECOMMENDATION: Staff respectfully requests that Council approve a motion approving Board of Adjustment actions from the April 24, 2018 meeting, based on the following findings:

Board of Adjustment: Agenda Item 2018-0027: Requested variance from 25.030.090.1 Residential Accessory Buildings and Structures for the property located at 809 South Mulberry Street. (Petitioner: Craig Bolles)

Chris Madsen presented information on the item. He stated the petitioner is intending to construct a 576-square foot detached garage in the front yard of his property and requesting a variance from the code. Currently the code does not allow a detached garage to be located in the front yard between the front of the house and the front property line. He also stated the petitioner has 8,700 square feet of buildable area once you remove the unbuildable area on the site due to typography issues. He stated the petitioner does have the option to add onto the existing attached garage or build the garage in another area on the property without needing a variance.

Jean Calligan asked staff how far down the drop off is located on the back side of his property. Chris Madsen responded stating he did not officially measure the distance, but it is a significant drop off.

Craig Bolles, the petitioner, spoke on the item. He stated he would like to build a detached garage in the proposed location large enough to fit two larger vehicles. He stated the cost to add onto the existing attached garage would be far more expensive than building a new detached garage due to having to match the existing brick on the house and roof slopes.

Geary made a motion to deny the item. Geary then withdrew the motion. Geary (Beukelman) made a motion to approve the item. Motion Failed. 0-7-0 (Yes: 0/ No: Bostinelos, Beukelman, Silverberg, Geary, Stewart, Krage, Calligan/Abstain:0). Electronic Vote

DISCUSSION: File No. 2018-0027 The petitioner is proposing to construct a 576 sq. ft. garage in the front yard of the property located at 809 South Mulberry Street. The proposal appears to violate two provisions of 25.03.090.1. The first that detached garage must be placed behind the principal structure:

Detached Garages. b. Setbacks. The setbacks for detached garages are as follows: 2. Front Yards. No detached garage may be located between the front building line of the principal building and the front property line, unless in accordance with the provisions for yard encroachments (i.e. steep slopes) in Subsec- tion 25.03.050.1, Residential Districts.

FINANCIAL IMPACT: N/A

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

ALTERNATIVES: None.

ATTACHMENTS: None

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 4 Gordon Phair, City Engineer FROM: Brittany Anderson, Senior Civil Engineer

Motion approving and concurring in the award for the Hunt Elementary SUBJECT: School Site Improvements Project – BP#1 by the Sioux City Community School District (Project No. 6913-719-331).

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

RECOMMENDATION: Staff respectfully requests Council approve a motion concurring with the Sioux City Community School District’s award of the Hunt Elementary School Site Improvements Project – BP#1 to SuBSurfco, LLC in the amount of $1,396,804.12.

DISCUSSION: This project will include the reconstruction of pavement along Nebraska Street, 19th Street, 20th Street, and 21st Street along with the reconstruction of associated water, sewer, and storm water infrastructure associated with the reconstruction of the Hunt Elementary School. The full project will be split into 4 Bid Packages. Bid Package 1 work takes place in year 2018 and includes Nebraska Street from 18th Street to one-half block north of 19th Street and 19th Street from Pierce Street to Jackson Street. Bid Package 2 work also takes place in 2018 and includes the construction of on-site geothermal well field. Bid Package 3 will take place in 2019 and will include Nebraska Street from one-half block north of 19th Street to just north of 21st Street, 20th Street from Pierce Street to Nebraska Street, 21st Street from Nebraska Street to Jackson Street. Bid Package 4 work will include the construction of the new school building with construction beginning in year 2020 and a school opening in August 2022.

The City entered into a 28E Agreement with the School District on November 20, 2017 under Resolution No. 2017-1029. This 28E Agreement outlines the City’s cost sharing for street reconstruction and utility improvements under Bid Package 1 and Bid Package 3.

Bid Package No. 1 for this project was bid on April 24, 2018 by the School District. Three (3) bids were received for this project. The bids are as follows:

Company Bid SuBSurfco, LLC $1,396,804.12 Sioux City Engineering Co. $1,435,524.50 Mark Albenesius, Inc. $1,496,882.55 Engineer’s Estimate $1,426,603.50

The base bid, submitted by SuBSurfco, LLC of South Sioux City, Nebraska is 2.09% or $29,799.38 below the Engineer’s Estimate of $1,426,603.50. The City’s cost share for Bid Pack- age 1 construction based on bid prices is $873,821.21. An additional 16% fee for survey, design, construction services, and testing is $139,811.39 for a total estimate City share for Bid Package 1 of $1,013,632.60. Per the 28E Agreement the City’s cost share will be calculated based on actual construction costs after project completion.

FINANCIAL IMPACT: Per the 28E Agreement, street paving, storm sewer and erosion control along Nebraska Street (19th Street to 21st Street), 19th Street (Nebraska Street to Jackson Street), and 21st Street (Nebraska Street to Jackson Street) will be a 50% cost share. All street work along Nebraska Street (18th Street to 19th Street), 19th Street (Pierce Street to Nebraska Street) and 20th Street (Pierce Street to Nebraska Street) will be at City cost as it is not directly adjacent to the school site. The sanitary sewer and water main replacements will be 100% funded by the City in all areas.

Project funding is requested in FY20 and FY21 in the Annual Schools in Sioux City Infrastruc- ture Improvements CIP 719-331.

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

ALTERNATIVES: The City Council may choose to not to concur with the award of this contract.

ATTACHMENTS: Letter of Recommendation

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 5 David Carney, Public Works Director FROM: Monette Harbeck, Parking & Meter Ops Supervisor

Resolution Assessing Unpaid Skywalk Operation Charges Against 622 4th SUBJECT: Street (Badgerow Building)

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

RECOMMENDATION: Staff respectfully request the Council approve the resolution.

DISCUSSION: Mako One Corporation, owner of the Badgerow Building located at 622 4th Street, is delinquent in its skywalk charges for the months of March 2017 through March 2018. As a result, the Parking and Skywalk System Board of Trustees have approved a request to have the past due skywalk charges assessed per City Ordinance. They, like others subject to skywalk operations charges are billed monthly. The following is their payment status:

03/27/17 invoice $644.85 NOT PAID 04/27/17 invoice $404.69 NOT PAID 05/19/17 invoice $370.32 NOT PAID 06/22/17 invoice $388.72 NOT PAID 07/20/17 invoice $473.18 NOT PAID 08/18/17 invoice $529.53 NOT PAID 09/21/17 invoice $442.48 NOT PAID 10/20/17 invoice $368.79 NOT PAID 11/21/17 invoice $385.16 NOT PAID 12/20/17 invoice $400.48 NOT PAID 12/29/17 finance charges $15.37 NOT PAID 01/29/18 invoice $413.55 NOT PAID 02/27/18 invoice $355.49 NOT PAID 03/23/18 invoice $389.84 NOT PAID

The current unpaid balance is $5,582.45 with that same amount as past due. City staff and the Parking and Skywalk System Board of Trustees recommend that the property be assessed this amount, as provided for in the Sioux City Municipal Code as it pertains to the skywalk system.

FINANCIAL IMPACT: Approval will allow the City to recover charges owed.

RELATIONSHIP TO STRATEGIC PLAN: Economic Opportunity – Grow Sioux City Pride

ALTERNATIVES: N/A

ATTACHMENTS: Resolution Schedule of Unpaid Skywalk Operations Accounts RESOLUTION NO. 2018 - ______with attachments

RESOLUTION ASSESSING UNPAID SKYWALK OPERATION CHARGES AGAINST 622 4TH STREET (BADGEROW BUILDING)

WHEREAS, Section 17.36.060 of the municipal code, as amended, authorizes the City of Sioux City to assess all charges for the Skywalk Operations if not paid as provided by ordinance against the owners of private property; and

WHEREAS, there is attached hereto and made a part hereof, a schedule containing the description of property, the owners of record, and a report of the unpaid charges for Skywalk Operation against 622 4th Street; and

WHEREAS, the City Council of the City of Sioux City, Iowa, is advised and does believe that it is in the best interest of the City of Sioux City that the costs associated with such unpaid charges for Skywalk Operation should be assessed as provided by law and certified to the County Treasurer.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the schedule of unpaid charges for Skywalk Operation for 622 4th Street, which schedule is hereby approved as to form and content and made a part hereof by this reference, be approved and accepted by the City Council of the City of Sioux City, Iowa.

BE IT FURTHER RESOLVED that after full consideration of the schedule of assessment prepared by the City Manager showing the assessment proposed to be made for the Skywalk Op- eration, which schedule was filed in the office of the City Clerk on May 7, 2018; the said schedule of assessment be and the same is hereby approved and adopted; and that there be and is hereby assessed and levied, as a special tax against and upon 622 4th Street (Badgerow Build- ing), and the owner or owners thereof liable to assessment for the cost of said Skywalk Opera- tion.

BE IT FURTHER RESOLVED, that the assessment shall be payable in one installment and shall bear interest at the rate of eight percent per annum, the maximum rate permitted by law, from the date of this resolution; the installment, with interest on the assessment from date of this resolution, shall become due and payable on July 1, 2018 and shall be paid at the same time and in the same manner as the September semi-annual payment of ordinary taxes. Said assessment shall be payable at the office of the City Treasurer, in full or in part and without interest within thirty days after the date of the first publication of the notice of filing of the schedule of assessment with the County Treasurer of Woodbury County, Iowa.

BE IT FURTHER RESOLVED, that the City Clerk be and is hereby directed to certify said schedule to the County Treasurer of Woodbury County, Iowa, and to publish notice of said certification once each week for two consecutive weeks in the Sioux City Journal, a newspaper printed wholly in the English language, published in Sioux City, and of general circulation in Sioux City, Iowa, the first publication of said notice to be made within fifteen days from the date of the filing of said schedule with the County Treasurer, the City Clerk shall also send by mail to the property owner whose property is subject to assessment a copy of said notice, said mailing to be on or before the date of the second publication of the notice. The notice shall be in sub- stantially the form of the notice attached hereto and by this reference made a part hereof.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

I hereby certify that on the _____ day of ______, 2018, there was filed with me as County Treasurer of Woodbury County, State of Iowa, a certified copy of the above resolution.

Witness my hand and the County seal at Sioux City, Iowa, this ______day of ______, 2018.

(SEAL)

______County Treasurer

NOTICE OF FILING OF THE SCHEDULE OF ASSESSMENT AGAINST 622 4TH STREET (BADGEROW BUILDING) FOR SKYWALK OPERATION

You are hereby notified that the schedule of assessment against your property for the cost of the Skywalk Operation has been adopted and levied by the City Council of Sioux City, Iowa, and that said schedule of assessment has been certified to the County Treasurer of Woodbury County, Iowa.

You are further notified that the assessment may be paid in full or in part without interest at the office of the City Treasurer, at any time within thirty days after the date of the first publication of this notice of the filing of the schedule of assessment with the County Treasurer (see date below). Unless said assessment is paid in full within said thirty-day period all unpaid assessments will draw annual interest computed at eight percent commencing on May 7, 2018, computed to the December 1st next following the due date of the assessment. The installment will be delinquent on October 1, 2018 following its due date of July 1, 2018.

This notice given by direction of the Council of the City of Sioux City, Iowa.

CITY OF SIOUX CITY, IOWA

BY: Lisa L. McCardle, City Clerk

Published in the Sioux City Journal on May 12, 2018 and May 19, 2018 SCHEDULE OF UNPAID SKYWALK OPERATION ACCOUNTS SIOUX CITY, IOWA

Description of Property:

Address: Badgerow Building 622 4th Street Sioux City, Iowa 51101

Legal Description: Part of Block 23, Sioux City East Addition, in the County of Woodbury and State of Iowa, described as follows: Beginning at the Northeast corner of Block 23, Sioux City East Addition, County of Woodbury, State of Iowa: thence South 89 degrees 51 minutes 52 seconds West along the North line of said Block 23 for a distance of 64.17 feet; thence South 0 degrees 0 minutes 11 seconds West for 105.41 feet; thence South 89 degrees 44 minutes 11 seconds West for 8.80 feet; thence South 0 degrees 14 minutes 13 seconds West for 2.10 feet; thence South 89 degrees 45 minutes 447 seconds East for 5.10 feet; thence South 0 degrees 14 minutes 13 seconds West for 43.50 feet; thence North 89 degrees 59 minutes 23 seconds East for 68.12 feet to a point on the East line of said Block 23; thence due North along the East line of said Block 23 for 151.21 feet to the point of beginning.

Note: It is assumed in the foregoing legal description that the East line of Block 23 bears due North.

Woodbury County Assessor Parcel Number: 894728377003

Owner of Record: Mako One Corporation P.O. Box 235600 Encinitas, CA 92023

Unpaid Skywalk Charges from March 27, 2017 to March 23, 2018 $5,582.45

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 6 Brad Puetz, Water Plant Superintendent FROM: Spero Vlahoulis, Purchasing Manager Donna Forker, Finance Director

Resolution approving Renewal Option No. 1 with Hawkins, Inc. of Sioux Falls, South Dakota for an additional one (1) year period in connection with SUBJECT: the purchase of aluminum sulfate commencing May 8, 2018 and ending May 7, 2019 (RFB #244893).

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

RECOMMENDATION: Staff respectfully requests the City Council approve Renewal Option No. 1 with Hawkins, Inc. of Sioux Falls, South Dakota for an additional one (1) year period in connection with the the purchase of aluminum sulfate commencing May 8, 2018 and ending May 7, 2019 (RFB #24493).

DISCUSSION: City staff entered into a Purchase Order Agreement with Hawkins, Inc. to purchase aluminum sulfate in the amount of $1.59 per gallon from May 8, 2017 to May 7, 2018 as approved by Resolution No. 2017-0447. The request for bid allowed for the pricing to be extended for two (2) additional one (1) year periods provided that prices remain the same and both parties agreed to extend.

Two bids were received during the initial bidding process. The low bid was $1.59 per gallon and the next low bid was $1.77 per gallon. City staff contacted other vendors in April 2018 about current market prices and were told that the current pricing is $1.59 to $2.09 per gallon, based on the projected usage of 16,800 gallons annually. Renewing the agreement at the same rate will be cost beneficial since rates have increased.

FINANCIAL IMPACT: Account #510-2101-452.30-12 Water Fund Utilities, Pumping and Purification, Environmental Preservation, Chemicals. City staff anticipates spending $25,440.00 annually on aluminum sulfate.

RELATIONSHIP TO STRATEGIC PLAN: Relationship complies with City Operational Plans. ALTERNATIVES: Reject the extension.

ATTACHMENTS: Resolution Renewal Option No. 1 RESOLUTION NO. 2018 - ______with attachments

RESOLUTION APPROVING RENEWAL OPTION NO. 1 WITH HAWKINS, INC. OF SIOUX FALLS, SOUTH DAKOTA FOR AN ADDITIONAL ONE (1) YEAR PERIOD IN CONNECTION WITH THE PURCHASE OF ALUMINUM SULFATE COMMENCING MAY 8, 2018 AND ENDING MAY 7, 2019 (RFB #244893).

WHEREAS, on May 8, 2017, pursuant to Resolution No. 2017-0447, the City Council awarded a purchase order to Hawkins, Inc. of Sioux Falls, South Dakota for the purchase of aluminum sulfate (RFB #244893); and

WHEREAS, the Request for Proposals allowed for the contract to be extended for two (2) additional one (1) year periods provided that prices remained the same and both parties agreed to extend; and

WHEREAS, there is attached hereto and by this reference made a part hereof, Renewal Option No. 1 with Hawkins, Inc. extending the contract for an additional one (1) year period, which Re- newal Option No. 1 should be approved as to form and content.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Renewal Option No. 1 with Hawkins, Inc. of Sioux Falls, South Dakota for an additional one (1) year period in connection with the purchase of aluminum sulfate (RFB #244893) be and the same is hereby approved commencing May 8, 2018 and ending May 7, 2019.

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

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 7 FROM: Jeff Hanson, Community Development Operations Manager (SW)

Resolution proposing to sell certain real property. (That part of vacated S. SUBJECT: Irene Street abutting 2714 Vine Avenue) (Petitioner: Daniel R. Walsh and Corina R. Walsh) (Purchase price: $1,980.00 plus costs).

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

RECOMMENDATION: Staff respectfully requests Council approve the proposed resolution.

DISCUSSION: On the agenda for Monday is a resolution proposing to sell that part of vacated S. Irene Street abutting 2714 Vine Avenue to Daniel R. Walsh and Corina R. Walsh. This portion of street was vacated by Ordinance 86/T-4891 dated September 8, 1986. The Walsh’s own the abutting property and would like to add the vacated right of way to the property that they own.

The resolution on Monday’s agenda schedules a public hearing for May 21, 2018 for the issuance of a city deed.

FINANCIAL IMPACT: The amount of $1,980.00 plus costs will be received at time of closing.

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

ALTERNATIVES: Do not approve the resolution

ATTACHMENTS: Proposed Resolution Offer to Purchase Aerial RESOLUTION NO. 2018 - ______with attachments

RESOLUTION PROPOSING TO SELL CERTAIN REAL PROPERTY. (THAT PART OF VACATED S. IRENE STREET ABUTTING 2714 VINE AVENUE) (PE- TITIONER: DANIEL R. WALSH AND CORINA R. WALSH) (PURCHASE PRICE: $1,980.00 PLUS COSTS).

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

All that part of vacated South Irene Street abutting Lots 14 – 16, Block 18 and abutting Lots 1-3, Block 19, West Morningside Addition to Sioux City, Woodbury County, Iowa; and

WHEREAS, said property was vacated pursuant to Ordinance No. 86/T-4891 passed and approved September 8, 1986; and

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

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

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

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

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

BE IT FURTHER RESOLVED, that the City Council hold and conduct a public hearing on this proposal on May 21, 2018 at 4:00 P.M., Local Time, in the Council Chambers, Room 504, City Hall, 405 6th Street, Sioux City, Iowa, and the City Clerk give notice of said hearing in the form of notice attached hereto, which notice is hereby approved as to form and content.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk NOTICE OF HEARING ON PROPOSAL TO DISPOSE OF REAL PROPERTY OWNED BY SIOUX CITY, IOWA

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

All that part of vacated South Irene Street abutting Lots 14 – 16, Block 18 and abutting Lots 1-3, Block 19, West Morningside Addition to Sioux City, Woodbury County, Iowa

(That part of vacated S. Irene Street abutting 2714 Vine Avenue)

That the proposal to sell said real property will come on for final hearing and action before the City Council in the Council Chambers, Room 504, City Hall, 405 6th Street, Sioux City, Iowa, on May 21, 2018, at the council meeting commencing at 4:00 P.M., Local Time, or as soon thereafter as the matter may be considered. At said hearing interested persons may appear and be heard for or against said proposal.

CITY OF SIOUX CITY, IOWA

BY: Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal May 12, 2018.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 8A FROM: Matt Salvatore, Parks and Recreation Director

Resolution authorizing the Parks and Recreation Department to apply for and receive an Iowa Tennis Association Community Development SUBJECT: Grant in the amount of $1,000.00 from the Iowa Tennis Association for youth tennis programs.

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

RECOMMENDATION: Staff respectfully requests City Council approve a resolution to apply for and receive an Iowa Tennis Association Development grant in the amount of $1,000.00 from the Iowa Tennis As- sociation for youth tennis programs.

DISCUSSION: The Sioux City Parks and Recreation Department has partnered with Four Seasons Health Club to offer a new tennis lesson program. The four-week sessions will offer improved practices and matches. The program will focus on etiquette, rules, game play, and tournaments. The $1,000.00 grant funding will be utilized to purchase tennis equipment to include racquets, tennis balls and mini tennis nets.

Tennis sessions will be offered June 5, 2018 thru August 2, 2018.

FINANCIAL IMPACT: N/A

ALTERNATIVES: Deny staffs request to apply for funding from the Iowa Tennis Association; however, that is not recommended.

ATTACHMENTS: Resolution Application Materials RESOLUTION NO. 2018 - ______with attachments

RESOLUTION AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO APPLY FOR AND RECEIVE AN IOWA TENNIS ASSOCIATION COMMUNITY DEVELOPMENT GRANT IN THE AMOUNT OF $1,000.00 FROM THE IOWA TENNIS ASSOCIATION FOR YOUTH TENNIS PROGRAMS.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the Parks and Recreation Department is hereby authorized to apply for and receive an Iowa Tennis Associa- tion Community Development grant, a copy of which is attached hereto and by this reference made a part hereof, in the amount of $1,000.00 from the Iowa Tennis Association for youth tennis programs.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 8B FROM: Jill M. Wanderscheid, Neighborhood Services Manager

Resolution approving the FY 2018 Annual Action Plan for the Sioux City Consortium in conjunction with the Community Development Block Grant Program, the HOME Investment Partnership Program, and the Emergency SUBJECT: Solutions Grant Program, and authorizing and directing the City Manager to execute the necessary and required applications, assurances and certifications in connection with said programs.

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

RECOMMENDATION: Staff respectfully requests the City Council approve the United States Housing and Urban De- velopment (HUD) FY 2018 (Year Four) Action Plan and direct the City Manager to execute the necessary and required applications, assurances and certifications in connection with the CDBG, HOME and ESG programs.

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

As a part of the five year plan requirements, the City must also create annual action plans. As a part of this year’s plan development, meetings were held with general stakeholders, the City of South Sioux City, and the City of Dakota City in addition to the public hearing that was held during the City Council meeting on March 26, 2018. A draft of the plan has been available for comment at several locations from March 26, 2018 – May 7, 2018. The resulting plan is attached and conforms to the following goals outlined in the current consolidated plan:

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

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

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

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

FINANCIAL IMPACT: All programs in the plan are federally funded. This FY 2018 plan includes all activities to be completed from July 1, 2018 – June 30, 2019. Current funding levels were utilized when for- mulating the plan which includes approximately $1.5 million in Community Development Block Grant (CDBG) funds, $350,000 in HOME Investment Partnership (HOME) funds, and $135,000 in Emergency Solutions Grant (ESG) funds. The approval of the FY 2018 Annual Action Plan is a requirement of each grant. It is anticipated that HUD will provide final funding targets in May or June 2018. The citizen participation plan allows minor funding level adjust- ments to be made after the plan is approved to reflect actual FY 2018 allocations provided by HUD.

RELATIONSHIP TO STRATEGIC PLAN: Expand Development Opportunities and Grow Sioux City 7. Conduct an aggressive neighborhood rehabilitation program within three existing Sioux City neighborhoods and begin the planning of three new neighborhood areas. 8. Add 50 new affordable housing units to existing inventory.

ALTERNATIVES: None recommended.

ATTACHMENTS: Resolution Year Four Annual Action Plan – Hard Copy

RESOLUTION NO. 2018 - ______with attachment

RESOLUTION APPROVING THE FY 2018 ANNUAL ACTION PLAN FOR THE SIOUX CITY CONSORTIUM IN CONJUNCTION WITH THE COMMUNITY DE- VELOPMENT BLOCK GRANT PROGRAM, THE HOME INVESTMENT PART- NERSHIP PROGRAM, AND THE EMERGENCY SOLUTIONS GRANT PRO- GRAM AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXE- CUTE THE NECESSARY AND REQUIRED APPLICATIONS, ASSURANCES AND CERTIFICATIONS IN CONNECTION WITH SAID PROGRAMS

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

WHEREAS, the City has adopted the Fiscal Year 2018 Sioux City Consortium Annual Plan because it does use, or intends to use, funds made available under Title II of the National Afforda- ble Housing Act of 1990, specific programs under the United States Housing Act of 1937, the Housing and Community Development Act of 1974, and the Stewart B. McKinney Homeless Assistance Act; and

WHEREAS, the City has prepared the Fiscal Year 2018 Sioux City Consortium Annual Plan to implement portions of the FFY 2015-2019 Sioux City Consortium Consolidated Plan and Strate- gy; and

WHEREAS, the City of Sioux City, as the lead agency in the Sioux City Consortium, is required at this time to submit this Fiscal Year 2018 Sioux City Consortium Annual Plan to the U.S. De- partment of Housing and Urban Development for funding beginning July 1, 2018 and ending June 30, 2019.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Fiscal Year 2018 Sioux City Consortium Annual Plan is approved and the City Manager is authorized and directed to execute the necessary and required applications, assurances, and certifications in connection with said programs.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 9A FROM: Angel Wallace, Parks and Recreation Manager

Resolution temporarily closing 24th Street from Douglas Street to McDonald Street; Grandview Boulevard from 24th Street to Stone Park Boulevard and McDonald Street and Summit Street from 24th Street to SUBJECT: the City’s greenhouse at 2701 Summit Street beginning at 12:00 Midnight, July 7, 2018 and ending at 5:00 a.m., July 8, 2018 for the Saturday in the Park Festival.

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

RECOMMENDATION: Staff respectfully requests City Council approve the resolution requesting temporary street closures for the Saturday in the Park Festival.

DISCUSSION: Saturday in the Park Festival requests to temporarily close 24th Street from Douglas Street to McDonald Street; Grandview Boulevard from 24th Street to Stone Park Boulevard and McDonald Street and Summit Street from 24th Street to the City’s greenhouse at 2701 Summit Street beginning at 12:00 Midnight, July 7, 2018 and ending at 5:00 a.m., July 8, 2018 for the Saturday in the Park Festival.

The Special Event packet has been completed and routed to the required city departments for approval. All necessary permits will be obtained by the organization.

FINANCIAL IMPACT: N/A

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

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

ATTACHMENTS: Resolution Maps RESOLUTION NO. 2018 - ______

RESOLUTION TEMPORARILY CLOSING 24TH STREET FROM DOUGLAS STREET TO MCDONALD STREET; GRANDVIEW BOULEVARD FROM 24TH STREET TO STONE PARK Boulevard AND MCDONALD STREET AND SUM- MIT STREET FROM 24TH STREET TO THE CITY’S GREENHOUSE AT 2701 SUMMIT STREET BEGINNING AT 12:00 MIDNIGHT, JULY 7, 2018 AND END- ING AT 5:00 A.M., JULY 8, 2018 FOR THE SATURDAY IN THE PARK FESTI- VAL.

WHEREAS, Promoters for the Saturday in the Park Festival desire to conduct an outdoor music festival on July 7, 2018; and

WHEREAS, the festival involves the temporary closure of 24th Street from Douglas Street to McDonald Street; Grandview Boulevard from 24th Street to Stone Park Boulevard and McDon- ald Street and Summit Street from 24th Street to the City’s Greenhouse at 2701 Summit Street beginning at 12:00 Midnight., July 7, 2018 and ending at 5:00 a.m., July 8, 2018.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that 24th Street from Douglas Street to McDonald Street; Grandview Boulevard from 24th Street to Stone Park Boulevard and McDonald Street and Summit Street from 24th Street to the City’s Greenhouse at 2701 Summit Street, be and the same are hereby temporarily closed beginning at 12:00 Midnight, July 7, 2018 and ending at 5:00 a.m., July 8, 2018 for the Saturday in the Park Festival.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 9B-C FROM: Angel Wallace, Parks and Recreation Manager

Resolution temporarily closing the north/south alley between Central Street, Tyler Street, 42nd Street, and Floyd Boulevard beginning at 8:00 a.m., June 9, 2018 and ending at 1:00 a.m., June 10, 2018 and temporarily closing Floyd Boulevard from Harrison Street to Tyler Street beginning at 8:00 a.m. and ending at 2:00 p.m., June 10, 2018 to promote SUBJECT: Leeds Community Days Street Dance and Car Show.

Resolution temporarily closing Jefferson Street from 40th Street to Floyd Boulevard and Floyd Boulevard from Jefferson Street to Springfield Street beginning at 6:00 p.m. and ending at 8:00 p.m., June 8, 2018 for the Leeds Community Days Parade.

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

RECOMMENDATION: Staff respectfully requests the City Council approve resolutions requesting temporary street and alley closures for the Leeds Community Days.

DISCUSSION: The Leeds Community Club requests the temporary street and alley closures of the north/south alley between Central Street, Tyler Street, 42nd Street, and Floyd Boulevard beginning at 8:00 a.m., June 9, 2087 and ending at 1:00 a.m., June 10, 2018 and temporarily closing Floyd Boulevard from Harrison Street to Tyler Street beginning at 8:00 a.m. and ending at 2:00 p.m., June 10, 2018 to promote Leeds Community Days Street Dance and Car Show.

The Leeds Community Club also request the temporary street closures of Jefferson Street from 40th Street to Floyd Boulevard and Floyd Boulevard from Jefferson Street to Springfield Street beginning at 6:00 p.m. and ending at 8:00 p.m., June 8, 2018 for the Leeds Community Days Parade.

Leeds Community Days is a community appreciation event that is held annually. Events include a parade, street dance and car show. This year’s event will not include a carnival; however, carnival games, crafts, and other family fun activities will be held in the Leeds Park commons and an outdoor movie will be shown at Carlin Park.

The Special Event packet has been completed and approved by the required city departments. All necessary permits will be obtained by the organization. Areas businesses have been notified and approval obtained. To promote safe community events, we propose to temporarily close these right-of-ways for the period specified.

FINANCIAL IMPACT: N/A

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

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

ATTACHMENTS: Resolution Maps RESOLUTION NO. 2018 - ______

RESOLUTION TEMPORARILY CLOSING THE NORTH/SOUTH ALLEY BE- TWEEN CENTRAL STREET, TYLER STREET, 42ND STREET, AND FLOYD BOULEVARD BEGINNING AT 8:00 A.M., JUNE 9, 2018 AND ENDING AT 1:00 A.M., JUNE 10, 2018 AND TEMPORARILY CLOSING FLOYD BOULEVARD FROM HARRISON STREET TO TYLER STREET BEGINNING AT 8:00 A.M. AND ENDING AT 2:00 P.M., JUNE 10, 2018 TO PROMOTE LEEDS COMMUNITY DAYS STREET DANCE AND CAR SHOW.

WHEREAS, Leeds Community Club of Sioux City, Iowa, desires to promote the Leeds community; and

WHEREAS, the fundraiser involves the temporary street and alley closures of the north/south alley between Central Street, Tyler Street, 42nd Street, and Floyd Boulevard beginning at 8:00 a.m., June 9, 2018 and ending at 1:00 a.m., June 10, 2018 and temporarily closing Floyd Boulevard from Harrison Street to Tyler Street beginning at 8:00 a.m. and ending at 2:00 p.m., June 10, 2018.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the north/south alley between Central Street, Tyler Street, 42nd Street, and Floyd Boulevard be and the same is hereby temporarily closed beginning at 8:00 a.m., June 9, 2018 and ending at 1:00 a.m. June 10, 2018 to promote Leeds Community Days.

BE IF FURTHER RESOLVED, that Floyd Boulevard from Harrison Street to Tyler Street be and the same is hereby temporarily closed beginning at 8:00 a.m. and ending at 2:00 p.m., June 10, 2018 to promote Leeds Community Days.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

RESOLUTION NO. 2018 - ______

RESOLUTION TEMPORARILY CLOSING JEFFERSON STREET FROM 40TH STREET TO FLOYD BOULEVARD AND FLOYD BOULEVARD FROM JEFFER- SON STREET TO SPRINGFIELD STREET BEGINNING AT 6:00 P.M. AND END- ING AT 8:00 P.M., JUNE 8, 2018 FOR THE LEEDS COMMUNITY DAYS PARADE.

WHEREAS, Leeds Community Club of Sioux City, Iowa, desires to hold a community parade; and

WHEREAS, the parade involves the temporary closures of Jefferson Street from 40th Street to Floyd Boulevard and Floyd Boulevard from Jefferson Street to Springfield Street beginning at 6:00 p.m. and ending at 8:00 p.m., June 8, 2018.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Jefferson Street from 40th Street to Floyd Boulevard and Floyd Boulevard from Jef- ferson Street to Springfield Street be and the same are hereby temporarily closed beginning at 6:00 p.m. and ending at 8:00 p.m., June 8, 2018 for the Leeds Community Days Parade.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 10A FROM: Matt Salvatore, Parks and Recreation Director

Resolution approving a Skybox Sublease Agreement with Irving SUBJECT: Jensen, Jr. and the Sioux City Explorers Baseball Club, LLC.

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

RECOMMENDATION: Staff respectfully requests the City Council consider approving a Skybox Sublease by and between the City of Sioux City, the Sioux City Explorers Baseball Club, LLC, and Irving Jensen, Jr.

DISCUSSION: Mr. Irving Jensen, Jr. respectfully requests the Skybox Sublease Agreement be renewed by the City of Sioux City. The proposed sublease is being submitted for approval as follows:

The term of this Skybox Sublease shall be for one year commencing May 7, 2018 and ending May 7, 2019. The Sublessee agrees to pay the City the total sum of $5,000 as rent for the skybox payable on or before May 21, 2018.

Mr. Jensen shall only be entitled use of the skybox for the year of the term of this Skybox Sublease if such rent has been timely paid as set forth herein.

FINANCIAL IMPACT: Income of $5,000 made payable to the City of Sioux City, Iowa.

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

ALTERNATIVES: Deny the sublease for the Skybox which would result in a loss of revenue.

ATTACHMENTS: Resolution Sublease Agreement

RESOLUTION NO. 2018 - ______with attachments

RESOLUTION APPROVING A SKYBOX SUBLEASE AGREEMENT WITH IRVING JENSEN, JR. AND THE SIOUX CITY EXPLORERS BASEBALL CLUB, LLC.

WHEREAS, pursuant to Resolution No. 2015-0307 passed and approved April 24, 2015 the Sioux City Explorers Baseball Club, L.L.C. entered into a Lease Agreement with the City of Sioux City, Iowa, for use of Lewis and Clark Park Stadium located at 3400 Line Drive, Sioux City, Iowa; and

WHEREAS, the Sioux City Explorers Baseball Club, L.L.C. and the City of Sioux City desires to sublease one of the skyboxes to Irving Jensen, Jr., a copy of which Skybox Sublease is attached hereto and by this reference made a part hereof; and

WHEREAS, such Skybox Sublease should be approved as to form and content.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the attached Skybox Sublease Agreement by and between Irving Jensen, Jr., the City of Sioux City, Iowa, and the Sioux City Explorers Baseball Club, L.L.C., be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and directed to execute said Skybox Sublease Agreement for and on behalf of the City.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 10B FROM: Matt Salvatore, Parks and Recreation Director

Resolution approving Amendment No. 2 to the Consulting Services Agreement with DeWild Grant Reckert and Associates Company d/b/a DGR Engineering of Sioux City, Iowa for additional design services re- SUBJECT: lated to the middle portion of the main parking lot from the east/west line of Line Drive south to the apparent intersection of Stadium Drive in an amount not to exceed $95,000 for the Lewis and Clark Park – Facili- ty Upgrades. (3400 Line Drive)

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

RECOMMENDATION: Staff respectfully requests City Council approve Amendment No. 2 to the Consulting Services Agreement with DeWild Grant Reckert and Associates Company d/b/a DGR Engineering of Sioux City, Iowa for additional design services for the construction of the Lewis and Clark Park – Facility Upgrades.

DISCUSSION: The City has scheduled a reconstruction project for the main parking lot of Lewis and Clark Park to be conducted in phases over two years (2019 and 2020). Additionally, the paved areas that include the parking lot, concourse, and sidewalks, are inadequately sloped causing water to stand and deteriorate the paving and accumulate at the ticket office building. City staff has scheduled a reconstruction project to replace the ticket office building, concourse area, and sidewalks on either side of the stadium.

DeWild Grant Reckert and Associations Company d/b/a DGR Engineering was awarded a Consulting Services Agreement for the Lewis and Clark Park – Facility Upgrades on August 1, 2016 for services associated with topo survey, concept design and cost estimates for the east portion of the main parking lot. Amendment No. 1. was approved on April 10, 2017 per Reso- lution 2017-0330 for additional design services related to the east portion of the main parking lot and the concourse area.

Staff is requesting City Council approval of Amendment No. 2 to the consulting services agreement to include design services for the middle portion of the main parking lot from the east/west line of Line Drive south to the apparent intersection of Stadium Drive. Amendment No. 2 will include the following services for the middle portion of the main parking lot: Design, Utility Plan, Grading Plan, Bioswale, Erosion Control Plan Paving Plan, Staging Plan, Lighting Plan, Landscaping Plan, Coordination of new ticket booth, Opinion of Cost, Plans and Specifi- cations, Permits, and Meetings.

Construction of Phase I work is expected to take place in the 2019 construction season and staged to accommodate the baseball season.

Middle Portion

East Portion

FINANCIAL IMPACT: The funding for the Consulting Services Agreement will be covered under General Obligation Bonds in CIP #459-212 “Annual Lewis & Clark Park” with a FY2019 budget of $240,000 allocated for the project. Total estimated costs for the east and middle parking lots are $3.1 million (middle $1.7 million; east $1.4 million).

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

ALTERNATIVES: Deny Amendment No. 2 and/or require staff to negotiate terms of the amendment.

ATTACHMENTS: Resolution Consulting Services Agreement - Amendment No. 2

RESOLUTION NO. 2018 - ______with attachments

RESOLUTION APPROVING AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT WITH DEWILD GRANT RECKERT AND ASSOCIATES COMPANY D/B/A DGR ENGINEERING OF SIOUX CITY, Iowa FOR ADDITIONAL DESIGN SERVICES RELATED TO THE MIDDLE PORTION OF THE MAIN PARKING LOT FROM THE EAST/WEST LINE OF LINE DRIVE SOUTH TO THE APPARENT INTERSECTION OF STADIUM DRIVE IN AN AMOUNT NOT TO EXCEED $95,000 FOR THE LEWIS AND CLARK PARK – FACILITY UPGRADES. (3400 LINE DRIVE)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that Amendment No. 2, a copy of which is attached hereto and by this reference made a part hereof, to the Consulting Services Agreement with DeWild Grant Reckert and Associates Company d/b/a DGR Engineering of Sioux City, Iowa for additional design services related to the middle portion of the main parking lot from the east/west line of Line Drive south to the apparent intersection of Stadium Drive for the Lewis and Clark Park – Facility Upgrade in an amount not to exceed $95,000, be and the same is hereby approved.

BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized and directed to execute said Amendment No. 2 for and on behalf of the City.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 10C FROM: Amber Hegarty, Assistant City Attorney

Resolution authorizing a First Amendment to the 28E Agreement for Medi- cal Emergency Response Services between the Sioux City EMS, a division SUBJECT: of the City of Sioux City, Iowa and Dakota Valley Emergency Services Dis- trict.

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

RECOMMENDATION: Staff respectfully requests Council approve the resolution amend the 28E Agreement with the Dakota Valley Emergency Services District to provide paramedic assists approved by Council on February 5, 2018 pursuant to Resolution No. 2018-0099.

DISCUSSION: On February 5, 2018, Council approved a 28E Agreement with the Dakota Valley Emergency Services District. There was an inadvertent reference to Section 455B of the Iowa Code in Paragraph 8(c) of the Agreement. Section 455B pertains to Natural Resources and is not relevant to the current 28E Agreement. The 28E Agreement needs to be amended to remove the reference.

FINANCIAL IMPACT: None

RELATIONSHIP TO STRATEGIC PLAN: Relates to Core Operation

ALTERNATIVES: Council may elect not to amend into this 28E Agreement.

ATTACHMENTS: Resolution First Amendment to 28E Agreement RESOLUTION NO. 2018 - ______with attachments

RESOLUTION AUTHORIZING A FIRST AMENDMENT TO THE 28E AGREE- MENT FOR MEDICAL EMERGENCY RESPONSE SERVICES BETWEEN THE SIOUX CITY EMS, A DIVISION OF THE CITY OF SIOUX CITY, IOWA AND DAKOTA VALLEY EMERGENCY SERVICES DISTRICT.

WHEREAS, the City of Sioux City and the Dakota Valley Emergency Services District entered into a 28E Agreement; and

WHEREAS, the City Council approved such 28E Agreement with Resolution 2018-0099 on Feb- ruary 5, 2018; and

WHEREAS, the parties have agreed to a First Amendment to such 28E Agreement; and

WHEREAS, a copy of said First Amendment to the 28E Agreement is attached hereto and by this reference made a part hereof; and

WHEREAS, said First Amendment to the 28E Agreement should be approved by the City Council and the Mayor and City Clerk authorized and directed to execute said First Amendment to the 28E Agreement.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the First Amendment to the 28E Agreement for Medical Emergency Response Services between the Sioux City EMS, a division of the City of Sioux City, Iowa and Dakota Val- ley Emergency Services District, referred to in the preamble, be and the same is hereby approved as to form and content.

BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to execute said First Amendment to the 28E Agreement for and on behalf of the City.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

FIRST AMENDMENT TO THE AGREEMENT FOR THE PROVI- SION OF MEDICAL EMERGENCY RESPONSE SERVICES BE- TWEEN THE SIOUX CITY EMS, A DIVISION OF THE CITY OF SIOUX CITY, IOWA AND DAKOTA VALLEY EMERGENCY SERVICES DISTRICT UNDER CHAPTER 28E, CODE OF IOWA

An Agreement was made and entered into by and between the Sioux City EMS, a division of the City of Sioux City, Iowa, (hereinafter “EMS”) and Dakota Valley Emergency Services Dis- trict, a South Dakota body corporate and public (hereinafter the “District”) on February 5, 2018.

WITNESSETH:

WHEREAS, there was an inadvertent reference to Sections 455B.393 and 455B.399 of the Iowa Code within Paragraph 8(c) of the Agreement and

WHEREAS, such reference is not necessary nor relevant to the Agreement; and

WHEREAS, the parties agree to amend the Agreement to strike such reference

NOW, THEREFORE, BE IT REMEMBERED that Paragraph 8(c) of the Agreement is amended to read as follows:

1. 8. INSURANCE AND INDEMNIFICATION

(c) Limitation: The provisions of subparagraph 9(b) shall not extend to damage to property or injuries to any person (including any officer, employee, agent or representative of EMS) which result from either (a) the intoxication of an officer, employee, agent or representative of EMS, due to the effects of alcohol or a controlled substance not prescribed by an authorized medical practitioner, and provided the intoxication was a substantial factor in causing the damage or injury, or (b) the negligence or reckless, wanton or intentional misconduct of any officer, employee, agent or representative of EMS; or (c) the negligence of any officer, employee, agency or representative of the EMS unless said person(s) are performing an act in response to an order of District’s representative. In such circumstances, there shall not be any duty on the part of District to indemnify and hold harmless EMS, its officers, employees, members, agents and representatives. However, this limitation shall not be construed to otherwise limit District’s duty to defend until the applicability of this limitation is finally determined. In such a circumstance, the EMS shall defend, indemnify and hold harmless the District, its officers, employees and agents from and against any and all liability, claims, damages, actions, judgments, losses, costs and expenses, including costs of litigation and attorney’s fees, whether at law, in equity, before an administrative agency or otherwise not covered by insurance or in excess of coverage so provided.

Nothing contained in this paragraph 9 shall be construed as a waiver of any stat- utory immunities and defenses, including but not limited to, those granted by Chapter 670 of the Iowa Code, on behalf of EMS, its officers, employees, members, agents and representatives or any similar law providing immunities and defenses to either of the parties in the state of South Dakota.

2. All other terms and conditions of the Agreement remain in full force and effect as originally stated.

IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment effective the day, month and year set opposite their signatures.

Attest: SIOUX CITY EMS, A DIVISION OF THE CITY OF SIOUX CITY, IOWA

______By:______Lisa McCardle, City Clerk Robert E., Scott, Mayor

Date: ______

Attest: DAKOTA VALLEY EMERGENCY SERVICES DISTRICT

By:______By:______Dennis H. Melstad, Board Secretary Aaron M. Tyler, Board President

Date: ______

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 10D Monette Harbeck, Parking & Meter Operations Supervisor FROM: David Carney, Public Works Director Brett Langley, Civil Engineer

Resolution approving the contract and performance bond with Nelson SUBJECT: Construction & Development in the amount of $268,100.00 for the 2018 Discovery Parking Ramp Repair Project (Project No. 6980-728-012).

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

RECOMMENDATION: Staff respectfully requests Council approve the contract and performance bond with Nelson Construction & Development of Sioux City, Iowa in the amount of $268,100.00 for the 2018 Dis- covery Parking Ramp Repair Project (Project No. 6980-728-012).

DISCUSSION: On April 23, 2018 under Resolution No. 2018-0302 Council awarded a contract to Nelson Con- struction & Development of Sioux City, Iowa in the amount of $268,100.00 for the construction of the 2018 Discovery Parking Ramp Repair Project. This project includes the construction of steel beams to help reinforce portions of the first floor of the parking ramp. This project has a completion date of August 11, 2018.

FINANCIAL IMPACT: This project is funded using Parking Abated GO Bonds under CIP 728-012 “Annual Parking Ramp Repairs”. The project currently has an available balance of $297,721.82.

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

ALTERNATIVES: None

ATTACHMENTS: Resolution Contracts (Hard Copies)

RESOLUTION NO. 2018 - ______with attachments

RESOLUTION APPROVING THE CONTRACT AND PERFORMANCE BOND WITH NELSON CONSTRUCTION & DEVELOPMENT IN THE AMOUNT OF $268,100.00 FOR THE 2018 DISCOVERY PARKING RAMP REPAIR PROJECT (PROJECT NO. 6980-728-012).

WHEREAS, the City Council has previously awarded a contract to Nelson Construction & Development of Sioux City, Iowa, in the amount of $268,100.00 for the construction of the 2018 Discovery Parking Ramp Repair Project; and

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

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

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

WHEREAS, the City Manager and City Clerk should be authorized and directed to execute the 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 that the contract and performance bond submitted by Nelson Con- struction & Development of Sioux City, Iowa in the amount of $268,100.00 for the construction of the 2018 Discovery Parking Ramp Repair Project in Sioux City, Iowa, is hereby approved and 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.

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

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 10E Gordon L. Phair, City Engineer FROM: Justin Pottorff, Civil Engineer

Resolution awarding and approving a contract to Mark Albenesius, Inc. in the SUBJECT: amount of $29,620.00 for the 7th Street and Nebraska Street Hydrant Repair Project (Project No. 6992-519-127).

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 Mark Albenesius, Inc. of South Sioux City, Nebraska in the amount of $29,620.00 for the construction of the 7th Street and Nebraska Street Hydrant Repair Street Project (Project No. 6992-519-127).

DISCUSSION: This project includes the removal and replacement of a damaged fire hydrant assembly and associated street paving. Notice of Taking Bids was advertised on April 11, 2018. Construction completion shall be within 15 working days.

The bid from Hebert Construction did not provide any unit prices and therefore has been declared as a non-responsive bidder.

The project was bid on April 17, 2018. Two (2) bids were received for this project and one (1) of these bids was non-responsive. The bids are as follows:

Company City, State Base Bid Mark Albenesius, Inc. South Sioux City, Nebraska $29,620.00 Hebert Construction Sioux City, Iowa Non-Responsive Engineer’s Estimate $22,000.00

The base bid, submitted by Mark Albenesius, Inc. of South Sioux City, Nebraska is 34.6% or $7,620.00 above the Engineer’s Estimate of $22,000.00.

FINANCIAL IMPACT: This project is funded using transfers in water funds under CIP 519-127 Annual Emergency Water Main Replacement. The project currently has an available balance of $492,573.07.

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

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

ATTACHMENTS: Resolution Bid Tabulation Sheet Contracts (Hard Copies)

RESOLUTION NO. 2018 - ______with attachments

RESOLUTION AWARDING AND APPROVING A CONTRACT TO MARK ALBENESIUS, INC. IN THE AMOUNT OF $29,620.00 FOR THE 7TH STREET AND NEBRASKA STREET HYDRANT REPAIR PROJECT (PROJECT NO. 6992- 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 April 17, 2018, for the 7th Street and Nebraska Street Hydrant Repair Project, in Sioux City, Iowa, (the Project) together with necessary accessories and appurtenances, all in accordance with the plans and specifications heretofore prepared by the City Engineering Department; and

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

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

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

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

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

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

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

Section 2: It is hereby found, determined and declared that the bid of Mark Albenesius, Inc. of South Sioux City, Nebraska, in the amount of $29,620.00 for construction of the Project in Sioux City, Iowa, as provided in the plans and specifications referred to in the preamble hereof is the lowest and/or best bid received and the same is hereby accepted and the contract awarded to said bidder.

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

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

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

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

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

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 10F Gordon Phair, City Engineer FROM: Brett Langley, Civil Engineer

Resolution awarding a contract to Steve Harris Construction in the amount of SUBJECT: $699,207.82 for the Bridgeport West Improvements Harbor Drive Realignment Project (Project No. 6845C-719-247).

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

RECOMMENDATION: Staff respectfully requests Council award a contract to Steve Harris Construction of Homer, Ne- braska in the amount of $699,207.82 for the Bridgeport West Improvements Harbor Drive Rea- lignment Project (Project No. 6845C-719-247).

DISCUSSION: This project includes the realignment of Harbor Drive, south of Signing Hills Boulevard and north of Bridgeport Drive. Grading and drainage improvements will also take place here. The realignment of the roadway will allow traffic to travel the corridor more safely. Notice of Public Hearing was advertised on March 10, 2018 and March 17, 2018. The public hearing was held on March 19, 2018. This project shall be completed within 50 working days, which is anticipated to be in August 2018.

The project was bid on March 27, 2018. Five (5) bids were received for this project. The bids are as follows:

Company City, State Base Bid Met TSB Goal RP Constructors Dakota Dunes, South Dakota $692,230.85 No Steve Harris Construction Homer, Nebraska $699,207.82 Yes Mark Albenesius, Inc. South Sioux City, Nebraska $778,121.65 No Sioux City Engineering Sioux City, Iowa $799,999.72 Yes Hulstein Excavating, Inc. Edgerton, Minnesota $818,699.95 No Engineer’s Estimate $970,751.00

The base bid submitted by Steve Harris Construction of Homer, Nebraska is 28% or $271,543.18 below the updated Engineer’s Estimate of $970,751.00. The Iowa Department of Transportation has given concurrence to award the project to Steve Harris Construction.

FINANCIAL IMPACT: This project is funded under CIP 719-247 Bridgeport West Improvements. The current available balance is $6,899,877.29. This project has RISE funds that contribute an 80/20 match up to $4,831,000. The local share will be funded jointly by the City and Seaboard Triumph Foods.

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

ALTERNATIVES: 1. The City Council may choose to not award this contract. 2. Bids may be further evaluated or the project documents may be revised and reissued for bid.

ATTACHMENTS: Resolution Letter of Recommendation from HRGreen, Inc. Bid Tabulation Sheet

RESOLUTION NO. 2018 - ______

RESOLUTION AWARDING A CONTRACT TO STEVE HARRIS CONSTRUCTION IN THE AMOUNT OF $699,207.82 FOR THE HARBOR DRIVE REALIGNMENT PROJECT (PROJECT NO. 6845C-719-247).

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 March 27, 2018, for the Bridgeport West Improvements Harbor Drive Realignment Project, in Sioux City, Iowa, (the Project) together with necessary accessories and appurtenances, all in accordance with the plans and specifications heretofore prepared by HRGreen, Inc.; and

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 Steve Harris Construction of Homer, Nebraska, in the amount of $699,207.82 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 4: The contractor is directed to execute the contract and submit the same to the City Engineering Division with all of the supporting documents within ten days for approval and signature by the City.

Section 5: The checks or bid bonds of all unsuccessful bidders, be, and the same are hereby ordered returned to such bidders.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 10G Gordon Phair, City Engineer FROM: Brittany Anderson, Senior Civil Engineer

Resolution approving a Consulting Services Agreement with McClure En- gineering Company for design of the Glenn Avenue from South Cecelia SUBJECT: Street to South Rustin Street Reconstruction Project in an amount not to exceed $455,716.00 (City Project No. 6964-719-357, Iowa DOT Project No. STP-U-7057(702)—70-97).

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

RECOMMENDATION: Staff respectfully requests Council approve the attached resolution for a Consulting Services Agreement with McClure Engineering Company of Sioux City, Iowa for the design of the Glenn Avenue from South Cecelia Street to South Rustin Street Reconstruction Project (City Project No. 6964-719-357, Iowa DOT Project No. STP-U-7057(702)—70-97).

DISCUSSION: This agreement is for engineering design, surveying, and construction management and inspection services, and construction material testing for the Glenn Avenue from South Cecelia Street to South Rustin Street Reconstruction Project. This project includes the full reconstruction of Glenn Avenue from the west side of South Cecelia Street through the west side of South Rustin Street. The project will include the complete reconstruction/replacement of city utilities within the project limits including, but not limited to, sanitary sewer mains and manhole structures, storm sewer mains and intake structures, water mains, valves and hydrants, and complete removal and replacement of pavement / sidewalks.

The expected project schedule will have final plans and specifications developed for the Iowa DOT bidding process to take place in February 2019 for an April 2019 estimated construction start date.

FINANCIAL IMPACT: The reconstruction of Glenn Avenue from South Cecelia Street to South Rustin Street is programmed for $2,055,000 in FY 2019 CIP 719-133 Annual Infrastructure Reconstruction which is funded through a transfer in sales tax infrastructure, water and sewer funds, and general obligation bonds. A Federal-Aid Agreement for Surface Transportation Program funding has been executed with the Iowa DOT. The grant will fund 80 percent of the road reconstruction construction costs up to $2,229,000.

To better track the federal funds and project specific expenditures, the unique CIP number 719-357 has been created for the project and the appropriately programmed funds were transferred from CIP 719-133. The current cash balance in CIP 719-357 is $2,054,090.31.

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

ALTERNATIVES: Deny this agreement and require the City seek services from another firm.

ATTACHMENTS: Resolution Hard Copy of the Agreement will be provided

RESOLUTION NO. 2018 - ______with attachments

RESOLUTION APPROVING A CONSULTING SERVICES AGREEMENT WITH MCCLURE ENGINEERING COMPANY FOR DESIGN OF THE GLENN AVE- NUE FROM SOUTH CECELIA STREET TO SOUTH RUSTIN STREET RE- CONSTRUCTION PROJECT IN AN AMOUNT NOT TO EXCEED $455,716.00 (CITY PROJECT NO. 6964-719-357, IOWA DOT PROJECT NO. STP-U- 7057(702)—70-97).

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that a Con- sulting Services Agreement, a copy of which is attached hereto and by this reference made a part hereof, with McClure Engineering Company of Sioux City, Iowa in an amount not to exceed $455,716.00 for design of Glenn Avenue from South Cecelia Street to South Rustin Street Re- construction Project, be and the same is hereby approved.

BE IT FURTHER RESOLVED that the City Manager and City Clerk be and they are hereby authorized and directed to execute said agreement for and on behalf of the City.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 10H Joe Fontenot, Waste Water Treatment Operations Supervisor FROM: Mark Simms, Utilities Director

Resolution awarding and approving a procurement contract with submittal phase services for Bid Schedule No. 2 to Andritz Separation Technologies, SUBJECT: Inc. in the amount of $750,000.00 for the Asset Renewal Phase 1 – Dewatering and Odor Control Procurement Project (Project No. 6962-539- 117).

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

RECOMMENDATION: Staff respectfully requests Council award and approve a procurement contract with Submittal Phase Services for Bid Schedule No. 2 to Andritz Separation Technologies, Inc. in the amount of $750,000.00 for the Asset Renewal Phase 1 – Dewatering and Odor Control Procurement Project (Project No. 6962-539-117).

DISCUSSION: This project includes fabrication and delivery of dewatering and odor control equipment including polymer feed system, dewatering and conveyor equipment, dewatered solids cake pump equipment, systems integration, and packaged biofiltration odor control equipment including ancillary equipment, fabrication and delivery as well as Submittal Phase Services and Start-Up Phase Services for the Asset Renewal Phase 1 - Dewatering and Odor Control Project. This equipment will be installed by an Installation Contractor. All aspects of the Submittal Phase Services will be completed prior to bidding the Installation Contract with the exception of attendance at the pre-construction conference associated with the Installation Contract.

Notice of the Public Hearing was advertised on December 9, 2017 and December 16, 2017. The Public Hearing was held on December 18, 2017. This project has several milestone com- pletions required throughout the contract. The project was bid on January 9, 2018. Five (5) total bids were received for this project.

Bid Schedule No. 1 for the Polymer Feed System had two (2) interested parties. One bid package was considered not responsive due to issues with the Bid Bond. The other bid package was received via email due to a storm where UPS was not able to deliver the package, and the original bid was never received. City staff plans to re-bid this schedule again at a later date.

Bid Schedule No. 2 for the Dewatering and Conveyor System. The City did receive two (2) bids for this schedule. Staff is requesting Council award and approve to the low bid submitted by Andritz Separation Technologies, Inc. of Arlington, Texas which is 46.43% below the Engi- neers Estimate of $1,400,000.00.

Schedule Description Company City, State Base Bid 1 Polymer Feed Sys- no responsive tem bidders 1 Engineer’s Estimate $200,000.00 2 Dewatering & Con- Andritz Separation Arlington, 750,000.00 veyor System Technologies, Inc. Texas 2 Dewatering & Con- Centisys Corpora- Kenosha, 956,400.00 veyor System tion Wisconsin 2 Engineer’s Estimate $1,400,000 3 Dewatered Solids Schwing Bioset, Inc. Somerset, $589,525.00 Cake Pump Wisconsin 3 Engineer’s Estimate $600,000 4 Systems Integration R.E. Pedrotti Compa- Mission, Kan- $277,350 ny, Inc. sas 4 Engineer’s Estimate $300,000 5 Packaged Biofiltration Evoqua Water Tech- Waukesha, $117,800 Odor Control nologies LLC Wisconsin 5 Engineer’s Estimate $165,000

Bid Schedule 3, 4, and 5 have been awarded and approved by City Council on April 9, 2018 and are as follows: Bid Schedule 3, Dewatered Solids Cake Pump, Schwing Bioset, Inc. of Somerset Wisconsin in the amount of $589,525.00. Bid Schedule 4, Systems Integration, R. E. Pedrotti Company, Inc. of Mission, Kansas in the amount of $277,350.00. Bid Schedule 5, Packaged Biofiltration Odor Control, Evoqua Water Technologies LLC of Waukesha, Wiscon- sin in the amount of $117,800.00.

FINANCIAL IMPACT: This project is funded using State Revolving Funds, and Sewer Funds under CIP No. 539-117 “Asset Renewal”. The Engineer’s opinion of probable construction cost for the work is $200,000.00 for Bid Schedule 1, $1,400,000.00 for Bid Schedule 2, $600,000.00 for Bid Schedule 3, $300,000.00 for Bid Schedule 4 and $165,000.00 for Bid Schedule 5. This Pro- jects available balance is $6,798,133.48.

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

ALTERNATIVES: 1. The City Council may choose to not award these contracts. 2. Bids may be further evaluated or the project documents may be revised and reissued for bid.

ATTACHMENTS: Resolution Letter of Recommendation from Consultant Bid Tabulation Sheet Contracts (Originals available in the Clerk’s Office)

RESOLUTION NO. 2018 - ______with attachments

RESOLUTION AWARDING AND APPROVING A PROCUREMENT CONTRACT WITH SUBMITTAL PHASE SERVICES FOR BID SCHEDULE NO. 2 TO ANDRITZ SEPARATION TECHNOLOGIES, INC. IN THE AMOUNT OF $750,000.00 FOR THE ASSET RENEWAL PHASE 1 – DEWATERING AND ODOR CONTROL PROCUREMENT PROJECT (PROJECT NO. 6962-539-117).

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 January 9, 2018, for the Asset Renewal Phase 1 – Dewatering and Odor Control Procurement Project, in Sioux City, Iowa, (the Project) together with necessary accessories and appurtenances, all in accordance with the specification and procurement contracts heretofore prepared by Bartlett & West, Inc.; and

WHEREAS, said bids and proposals were carefully considered and it is necessary and advisable that the lowest and/or best bid be accepted and that procurement contract with Submittal Phase Services be awarded for the construction of the Project in Sioux City, Iowa.

WHEREAS, the low bidder has submitted the 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 contracts 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 the 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 Andritz Separation Technologies, Inc. of Arlington, Texas, in the amount of $750,000.00 for Bid Schedule 2, for construction of the Project in Sioux City, Iowa, as provided in the specifications and procurement contract 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, specifications and procurement contract for the purchase and Submittal Phase Services of the Project in Sioux City, Iowa, together with necessary accessories and appurtenances.

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

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

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

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 10I Mark Simms, Utilities Director FROM: Jon O’Brien – Underground Utilities Superintendent

Resolution approving Amendment No. 2 to the Consulting Services Agreement with HR Green, Inc. for additional weeks of construction admin- SUBJECT: istration and observation in connection with the Riverfront Sanitary Sewer Interceptor Cleaning and Televising Project in an amount not to exceed $19,000.00.

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

RECOMMENDATION: Staff respectfully requests Council approve Amendment No. 2 to the Consulting Services Agreement with HR Green, Inc. for additional construction administration and observation work in connection with the Riverfront Sanitary Sewer Interceptor Cleaning and Televising Project.

DISCUSSION: The City entered into a Consulting Services Agreement with HR Green, Inc. on February 13, 2017 in the amount of $97,770.00 for engineering design, project management, and report preparation services for the Riverfront Sanitary Sewer Interceptor Cleaning and Televising Project.

Amendment No. 1 included railroad permitting tasks and design services for the addition of a temporary access road between the railroad and I-29. Amendment No. 1 was for an amount not to exceed $43,500.00.

Amendment No. 2 will cover costs associated with additional weeks of construction observation and administration as we have encountered higher than anticipated levels of debris in the sewer lines cleaned to date. The contractor anticipates additional working days to complete the work along the railroad including lining repairs to the siphon upstream of Janet Avenue. Amendment No. 2 is a not to exceed amount of $19,000.00.

Below is a summary of previous and proposed change orders for this project.

Amount Description of Additional Work $97,770.00 Original Agreement Amount Amendment No. 1 $43,500 00 Railroad permitting tasks and design services Amendment No. 2 $19,000.00 Add’l weeks of construction observation and administration $160,270.00 Total Agreement Amount Including Amendment #1 & #2

FINANCIAL IMPACT: The additional costs for these services will be paid out of Project 539-189 “Annual Sanitary Sewer Interceptor Cleaning”. The current balance in this Project is $570,860.22.

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

ALTERNATIVES: Deny this Amendment No. 2 and require the City seek services from another firm.

ATTACHMENTS: Resolution Amendment No. 2

RESOLUTION NO. 2018 - ______With attachments

RESOLUTION APPROVING AMENDMENT NO. 2 TO THE CONSULTING SERVICES AGREEMENT WITH HR GREEN, INC. FOR ADDITIONAL WEEKS OF CONSTRUCTION ADMINISTRATION AND OBSERVATION IN CONNEC- TION WITH THE RIVERFRONT SANITARY SEWER INTERCEPTOR CLEAN- ING AND TELEVISING PROJECT IN AN AMOUNT NOT TO EXCEED $19,000.00.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that Amendment No. 2 to the Consulting Services Agreement, a copy of which is attached hereto and by this reference made a part hereof, with HR Green, Inc. of Sioux Falls, SD in an amount not to exceed $19,000.00 for additional weeks of construction administration and observation in connection with the Riverfront Sanitary Sewer Interceptor Cleaning and Televising Project be and the same is hereby approved.

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

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 10J Stan LaFave, Facilities Maintenance Supervisor FROM: Mike Collett, Assistant City Manager Erika Newton, Spectra Representative

Resolution awarding and approving a contract to Thompson Electric SUBJECT: Company in the amount of $441,775.00 for the Tyson Events Center Lighting Retrofit Project (Project No. 6951-379-025).

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 Thompson Electric Com- pany of Sioux City, Iowa in the amount of $441,775.00 for the construction of the Tyson Events Center Lighting Retrofit Project (Project No. 6951-379-025).

DISCUSSION: This project includes replacing the current lighting system in the arena with an LED system and related controls. Notice of Public Hearing was advertised on March 24, 2018 and March 31, 2018. The public hearing was held on April 2, 2018. Construction completion shall be on or before August 31, 2018.

The project was bid on April 10, 2018. Three (3) bids were received for this project. The bids are as follows:

Company City, State Base Bid O’Dell Electric, Inc. South Sioux City, Nebraska $495,000 Nystrom Electric Co. Sioux City, Iowa $470,000 Thompson Electric Company Sioux City, Iowa $441,775 Engineer’s Estimate $472,000

The base bid, submitted by Thompson Electric Company of Sioux City, Iowa is 6.84% or $30,225 below the Engineer’s Estimate of $472,000.

FINANCIAL IMPACT: This project is funded under CIP No. 379-025 “Tyson Enhancement”. The Engineer’s opinion of probable construction cost for the work is $472,000. This CIP has an available cash balance of $925,796.95.

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

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

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

RESOLUTION NO. 2018 - ______with attachments

RESOLUTION AWARDING AND APPROVING A CONTRACT TO THOMPSON ELECTRIC COMPANY IN THE AMOUNT OF $441,775 FOR THE TYSON EVENTS CENTER LIGHTING RETROFIT PROJECT (PROJECT NO. 6951-379- 025).

WHEREAS, pursuant to a notice published in the manner and form prescribed by law, bids and proposals were received by the City of Sioux City, Iowa, on April 10, 2018, for the Tyson Events Center Lighting Retrofit Project, in Sioux City, Iowa, (the Project) together with necessary accessories and appurtenances, all in accordance with the plans and specifications heretofore prepared by Engineering Design Associates, Inc. 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 Thompson Electric Company of Sioux City, Iowa, in the amount of $441,775 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 4: The contract and bond submitted by the contractor is hereby approved by the City Council for approval and signature by the City.

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’s Project Manager as the value of work satisfactorily performed for the period.

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

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 10K Nicole DuBois, City Attorney FROM: Jeff Hanson, Community Development Operations Manager

Resolution approving a Termination Agreement with Historic Properties SUBJECT: Block3, Ltd in connection with the redevelopment of the Warrior Hotel located at 525 Pierce Street.

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

RECOMMENDATION: Warrior Hotel Limited Partnership has requested the Council consider termination of an existing Development Agreement regarding the Warrior Hotel property located at 525 Pierce Street.

DISCUSSION: On August 7, 2006, the City Council approved a Development Agreement with Historic Prop- erties Block3, Ltd. authorizing the use of a EDI-SPG Grant in the amount of one million dollars ($1 million) for the redevelopment of the Warrior Hotel. The funds were to be used on the Warrior Hotel as follows: to remove asbestos and other hazardous materials, for selective interior demolition of existing interior finishes and interior construction work, to secure loose brick, marble, terra cotta or the south entry canopy of the building, and for removal of exterior scaffolding.

The Developer has now requested that the Development Agreement be terminated as it is appearing as a title objection to the new renovation of the Warrior Hotel by Warrior Hotel Lim- ited Partnership and Restoration St. Louis, Inc.

FINANCIAL IMPACT: N/A

RELATIONSHIP TO STRATEGIC PLAN: MUNICIPAL RESPONSIBILITIES • Progressive Leadership

ALTERNATIVES: Not approve the requested Termination Agreement.

ATTACHMENTS: Proposed resolution Termination Agreement Hard Copy – Warrior Development Agreement – August 7, 2006

RESOLUTION NO. 2018 - ______with attachments

RESOLUTION APPROVING A TERMINATION AGREEMENT WITH HISTORIC PROPERTIES BLOCK3, LTD IN CONNECTION WITH THE REDEVELOP- MENT OF THE WARRIOR HOTEL LOCATED AT 525 PIERCE STREET.

WHEREAS, the City of Sioux City, Iowa was awarded a EDI-SPG Grant B-99-SP-IA-0086 Grant in the amount of $1,000,000 from the U.S. Department of Housing & Urban Development (HUD) and entered into an agreement with HUD on December 19, 2000 to use said grant funds for the redevelopment of the Warrior Hotel; and

WHEREAS, on August 7, 2006, pursuant to Resolution No. 2006-0564, the City entered into a Warrior Development Agreement with Historic Properties Block3, Ltd for the redevelopment of the Warrior Hotel located at 525 Pierce Street using said EDI-SPG Grant B-99-SP-IA-0086 Grant funds, which Warrior Development Agreement is recorded at Book 685, Page 8567 at the Woodbury County Recorder/Auditor’s Office; and

WHEREAS, the terms of the Warrior Development Agreement are completed or expired and the Parties now wish to reflect the termination of the Warrior Development Agreement.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the Termination Agreement with Historic Properties Block3, Ltd, a copy of which is attached hereto and by this reference made a part hereof, be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and directed to execute said Termination Agreement for and on behalf of the City.

BE IT FURTHER RESOLVED that the City Clerk, be and she is hereby authorized and directed to file a certified copy of this resolution with the Termination Agreement with the Woodbury County Recorder/Auditor.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 10L Mark Simms, Utilities Director FROM: Jon O’Brien, Underground Utilities Superintendent

Resolution approving Change Order No. 3 to the contract with InfraTrack, Inc. in the amount of $269,106.50 for additional work in connection with the SUBJECT: Riverfront Sanitary Sewer Interceptor Cleaning and Televising Project (Pro- ject No. 6900-539-189).

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

RECOMMENDATION: Staff respectfully requests Council approve Change Order No. 3 to the contract with InfraTrack, Inc. of Worthing, South Dakota in the amount of $269,106.50 for additional work needed on the Riverfront Sanitary Sewer Interceptor Cleaning and Televising Project (Project No. 6900-539- 189).

DISCUSSION: A contract in the amount of $500,121.00 was approved with InfraTrack, Inc. on June 19, 2017 under Resolution No. 2017-0594. Change Order 1 was authorized on November 6, 2017 for $159,200.00 for additional heavy cleaning, repair work at a manhole during cleaning, and work to review the condition of the siphon near Nash Street and Janet Avenue. This change order also added additional contract time for the heavy cleaning. Change Order 2 was authorized on December 4, 2017 for $10,054.00 to complete sonar of the remaining interceptor in the railroad right-of-way to determine the amount of solids remaining to be cleaned. This sonar was not completed due to cold weather and railroad access and was deducted from the proposed Change Order 3. The purpose of Change Order 3 is to address additional work encountered during the project. Contract days have been extended to allow for additional heavy cleaning of the sewers and lining of the siphon. Additional heavy cleaning is required due to a large amount of debris in the sewers upstream, which is expected in the remaining interceptor portion to be cleaned. The City also received information back from the cleaning of the siphon from Change Order 1. The cleaning was requested during this project based on City concerns and system issues near the siphon pipes that are located in the vicinity of the interceptor cleaning work. The pipe had holes and was deteriorated. It is recommended the existing siphon pipes be lined to eliminate the inflow and infiltration and provide structural rehabilitation of the pipes. The project was bid with a temporary construction access. With the high cost of the access within the tight corridor between the railroad and I29, it is recommended that the road be constructed with geogrid as part of this project.

FINANCIAL IMPACT: This project is funded using sewer funds under CIP 539-189 “Annual Sanitary Sewer Intercep- tor Cleaning”. The project currently has an available balance of $570,860.22.

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

ALTERNATIVES: Reject the Resolution

ATTACHMENTS: Resolution Change Order No. 3

RESOLUTION NO. 2018 - ______with attachment

RESOLUTION APPROVING CHANGE ORDER NO. 3 TO THE CONTRACT WITH INFRATRACK, INC. IN THE AMOUNT OF $269,106.50 FOR ADDITION- AL WORK IN CONNECTION WITH THE RIVERFRONT SANITARY SEWER INTERCEPTOR CLEANING AND TELEVISING PROJECT (PROJECT NO. 6900-539-189).

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Change Order No. 3, a copy of which is attached hereto and by this reference made a part hereof, to the contract with InfraTrack, Inc. of Worthing, South Dakota in the amount of $269,106.50 for additional work in connection with the Riverfront Sanitary Sewer Interceptor Cleaning and Televising Pro- ject, be and the same is hereby approved.

BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized and directed to execute said Change Order No. 3 for and on behalf of the City.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 11A-B Janelle M. Bertrand, Human Resources Director Helen Rigdon, Library Director FROM: Gordon Phair, City Engineer Matt Salvatore, Parks & Recreation Director Wendi Hess, Communication Center Manager

Resolution amending the Position Classification Manual adopted by Reso- lution No. 91/T-9972 by approving and adopting updated job descriptions for Professional, Administrative, Technical, Supervisory, Executive and Council-Appointed Employee positions. (Librarian, Recreation Coordinator, Communications Center Manager, Communications Center Director and SUBJECT: Civil Engineer)

Resolution amending the Position Classification Manual adopted by Reso- lution No. S-31050 by approving and adopting updated job descriptions for American Federation of State, County and Municipal Employees (AFSCME) positions. (Communications Operator and Lead Communications Operator)

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

RECOMMENDATION: Staff respectfully requests Council consideration and approval of the updated job description for the positions of Librarian, Class Code IV-2016, Recreation Coordinator, Class Code 2318, Civil Engineer, Class Code 6470, Communications Center Director, Class Code 3050, Com- munications Center Manager, Class Code 3048, Communications Operator, Class Code IV- 1105 and Lead Communications Operator, Class Code IV-1104.

DISCUSSION: City staff would like to request your approval of the updated job description for the position of Librarian. As part of the ongoing task of bringing Library job descriptions up to City standards and to better reflect the actual tasks covered by the four positions that fall under this job title, the required qualifications and acceptable experience/training section has been updated for each of these specific positions. Even though each position share similar duties, there are enough differences to warrant different qualifications including education and experience. These updated qualifications have been approved by the Library Board of Trustees on April 18, 2018.

City staff would like to request your approval of the updated job description for the position of Recreation Coordinator. The special requirements and minimum qualifications need to be modified to be less stringent due to no applicants meeting the original requirements.

City staff would like to request your approval of the updated job description for the position of Civil Engineer. This is a difficult position to recruit candidates to. The special requirements were modified to allow applicants the ability to obtain an Engineer-in-Training Certificate within one year of the date of hire. Additionally, the minimum qualifications were modified to define other related fields of study that would be acceptable for the bachelor’s degree requirement.

City staff would like to request your approval of the updated job descriptions for the positions of Communications Center Director, Communications Center Manager, Communications Op- erator, and Lead Communications Operator. The section containing minimum physical and mental abilities required to perform essential job functions were revised.

The job descriptions have been updated for clarification purposes.

FINANCIAL IMPACT: None

RELATIONSHIP TO STRATEGIC PLAN: Progressive Leadership

For succession planning it is imperative we have a salary structure and job descriptions that articulate the qualifications, competencies, knowledge, skills and abilities needed to perform the work in order to attract and retain personnel.

ALTERNATIVES: Do not modify and leave as they are.

ATTACHMENTS: Resolutions Revised Job Descriptions for: ✓ Librarian ✓ Recreation Coordinator ✓ Communications Center Manager ✓ Communications Center Director ✓ Civil Engineer ✓ Communications Operator ✓ Lead Communications Operator

RESOLUTION NO. 2018 - ______with attachment

RESOLUTION AMENDING THE POSITION CLASSIFICATION MANUAL ADOPTED BY RESOLUTION NO. 91/T-9972 BY APPROVING AND ADOPTING UPDATED JOB DESCRIPTIONS FOR PROFESSIONAL, ADMINISTRATIVE, TECHNICAL, SUPERVISORY, EXECUTIVE AND COUNCIL-APPOINTED EMPLOYEE POSITIONS. (LIBRARIAN, RECREATION COORDINATOR, COMMUNICATIONS CENTER MANAGER, COMMUNICATIONS CENTER DIRECTOR AND CIVIL ENGINEER)

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 updated job descriptions for the following positions:

Librarian, Class Code IV-2016; Recreation Coordinator, Class Code 2318; Communications Center Manager, Class Code 3048; Communications Center Director, Class Code 3050; Civil Engineer, Class Code 6470; 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 descriptions for the above described positions, 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 updated job descriptions for the positions 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 passage.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Res2018\Emp Rel\PATS Job Descriptions Update (Librarian; Recreation Coordinator; Civil Engineer; Comm Ctr Director & Manager).Docx City of Sioux City, Iowa

Position: Librarian

Class Code Pay Range (Non) Bargaining Group IV-2016 W 48 NON-BARGAINING LIBRARY STAFF

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

Date Revised Date Adopted Approved Resolution No August 1998 October 19, 1998 98/U-7182/October 19, 1998

PURPOSE OF POSITION:

Under general supervision, is responsible for the supervision and administration of a section of the Library system.

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.

• Assists patrons in person or via telephone with general use of the Library, answers questions and offers suggestions using various reference tools and resources, staffs the public service desk; • Prepares budget for assigned area of responsibility and participates in organizational planning; • Develops and maintains newspaper indexing system, conducts special research assignments; • Assists administrative staff with the administration of the Library computer system and related hardware and software; • Assists with collection development, reviews materials and makes recommendations for additions and deletions to the collection; • Develops and writes documentation for specialized projects; • Performs staff development training; • Reviews, edits and maintains bibliographic data bases; • Researches and responds to various inquiries for information via FAX, E-mail or conventional correspondence; • Maintains appropriate inventory of various State and Federal tax forms; • Maintains reader-printers and microfilm related equipment, coordinates repairs as needed;

• Assists with the development and publication of Book Remarks; • Prepares and maintains professional communication with individuals and organizations concerning Library business and services; • Participates in staff and community meetings representing Library interests. • Responds to citizens’ questions and concerns in a courteous and timely manner. • Performs other directly related duties consistent with the role and function of the position as assigned by management. • 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 being sick, they will be required to report to work in a state of declared emergency. MINIMUM PHYSICAL AND MENTAL ABILITES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS:

Cognitive Demands, Skills and Abilities: Requires a thorough knowledge of Library policies and practices; a broad range of reference and readers’ advisory materials and services; general clerical methods and procedures and the ability to apply analytical skills to problem solving and specialized data searches. Ability to apply current Library technology and automated services in selecting appropriate materials, resources and services to assist patrons. Ability to exercise independent judgment and initiative to apply analytical skills to searches for specialized materials and information. Knowledge of basic business math, public relations and the ability to use the English language effectively. Ability to maintain records and reports regarding Library usage and services.

Language Ability and Interpersonal Communication: Requires effective communication skills and the ability to provide technical assistance and direction to other employees and Library patrons. Requires the ability to speak clearly, distinctly and effectively with patrons and fellow employees; 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 follow verbal and written instructions. Ability to establish and maintain an effective working rapport with fellow employees, volunteers, patrons and City officials.

Physical Requirements: Requires ability to reach and handle a variety of paper documents using fingers and hands; precise use of fingers in typing and entering data using a standard keyboard. Occasionally lifts, carries, pushes and pulls objects and documents weighing up to 25 lbs. Requires clarity of vision at 20” or less, numerical/clerical/form perception and discrimination, visual and sound perception, manual dexterity and motor coordination of eyes, hands and fingers at a normal speed in handling various sized objects.

Work Environment: Work is performed in a general inside office environment with appropriate heating and cooling and is not subject to significant occupational or environmental hazards other than those normally associated with general public contact.

Special Requirements: None

REQUIRED QUALIFICATIONS AND ACCEPTABLE EXPERIENCE/ TRAINING:

Sub Job Title: Librarian Specialist – Local History and Collection Development: Graduation from an ALA accredited college or university with a Master’s Degree in Library Science is preferred; or Bachelor’s Degree in Computer Science, Information Science, Education or closely related field and two years’ experience working in a public library setting; or a combination of education and library experience to fulfill job requirements as approved by the Director.

Sub Job Title: Librarian Specialist– Readers Services: Graduation from an ALA accredited college or university with a Master’s Degree in Library Science is preferred; or Bachelor’s Degree in Computer Science, Information Science, Education or closely related field and two years’ experience working in a public library setting; or a combination of education and library experience to fulfill job requirements as approved by the Director.

Sub Job Title: Librarian Specialist– Electronic Services: Graduation from an ALA accredited college or university with a Master’s Degree in Library Science is preferred; or Bachelor’s Degree in Computer Science, Information Science, Education or closely related field and two years’ experience working in a public library setting; or a combination of education and library experience to fulfill job requirements as approved by the Director.

Sub Job Title: Librarian Specialist- Database: Graduation from an ALA accredited college or university with a Master’s Degree in Library Science is preferred; or a Bachelor’s Degree in Computer Science or closely related field plus two years’ experience; web development experience using HTML and knowledge of SQL databases desired; or an Associate Degree plus four years of experience in the computer field, including databases, networking and computer support; or any equivalent combination of experience and training that provides the essential knowledge, skills and abilities as approved by the Director.

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.

City of Sioux City, Iowa

Position: Recreation Coordinator

Class Code Pay Range (Non) Bargaining Group 2318 S 13 PATS

FLSA Category Reports to Position: Department/Division: Non-Exempt Recreation Supervisor/Parks and Parks and Recreation Recreation Manager

Date Revised Date Adopted Approved Resolution No: April 24, 2018 March 12, 2018

PURPOSE OF POSITION:

Under the general direction of the Recreation Supervisor, serves as coordinator for Cone Park, recreation programming, and aquatics programs. Plan, supervise, direct events, of the daily operations and programs at Cone Park, recreation programming and aquatics programs. Supervision is exercised over part-time and seasonal recreation employees, program participants and facility users.

• Supervises and evaluates the work of a subordinate staff; effectively recommends personnel actions related to selection, performance, leaves of absence, grievances, work schedules and assignments, disciplinary procedures and administers personnel and related policies and procedures. • Solicits the services of, and trains volunteers, as necessary, to satisfactorily coordinate events held through the Parks and Recreation Department. • Responds to inquiries, complaints and requests from the general public. • Schedule Cone Park walk-throughs for all private event rentals including, but not limited to, weddings, Quinceneras, etc. • Oversees the Sioux City Parks and Recreation Summer Camp Program. • Participates in short-term and long-term strategic planning efforts for Cone Park, Recreation Programming, and other Departmental locations as assigned. • Ability to setup library tables, round tables, chairs, audio-visual equipment, concession equipment, soccer goals, basketball hoops, and aquatic equipment. • Maintains regular and punctual attendance at work.

• Expected to temporarily perform duties outside of normal classification in the event of a declared emergency. In the event that an employee is excused from work other than being sick, they will be required to report to work in a state of declared emergency. • Carry out other duties as assigned by the Recreation Supervisor.

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: Current knowledge of the methods, practices, and trends of winter facilities, outdoor ice rinks, ability to select, train and supervise facility and winter recreational staff; ability to establish and maintain effective working relationships with employees, supervisors and the general public; and the ability to resolve conflicts.

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 effectively with fellow employees, City Council, and the general public; read in English; apply common sense understanding to the work process, procedures, programs and services; and to provide and follow verbal and written instructions. Requires the ability to work as a member of a team in order to accomplish tasks.

Physical Requirements: Regularly lifts up to 25 pounds and occasionally lifts up to 50 pounds and must be able to setup library tables, round tables, chairs, audio-visual equipment, concession equipment, soccer goals, basketball hoops, and aquatic equipment. Work Environment: Forty percent of work is performed in a normal office environment with appropriate 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. Sixty percent of work duties may require lifting while working with staff setting-up facility events and programs, conducting facility rental walk -through, and overseeing recreation and aquatic programming. Some work shifts may involve long hours, depending on the time of year schedule to include nights and weekends. Work environment can be noisy, with loud music and sounds during facility rental events. The employee regularly works in outside weather conditions with regular exposure to cold, often below zero degrees and low wind chill. Must be mobile and able to be “on-call” to handle emergencies relating to the facility. Special Requirements: Possession of a valid Iowa driver’s license or the ability to provide reliable transportation. Must be CPR/AED and First Aid certified within 30 days of being hired. Must be Lifeguard certified within 60 days of being hired.

REQUIRED QUALIFICATIONS AND ACCEPTABLE EXPERIENCE/ TRAINING:

Bachelor’s degree in recreation or a related field and one season experience. Experience supervising staff is required. Knowledge of winter parks’ safety methods and procedures preferred. Special event planning experience is also preferred. Any advanced First Aid training is desirable. Any equivalent combination of experience and training that provides the required knowledge, skill and abilities.

PRE-EMPLOYMENT SCREENINGS:

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

City of Sioux City, Iowa

Position: Communications Center Manager

Class Code Pay Range (Non) Bargaining Group 3048 S 18 PATS

FLSA Category Reports to Position: Department/Division: Exempt Communications Center Director WCICC/Communications

Date Revised Date Adopted Approved Resolution No: July, 2016 July 11, 2016 2016-0607/July 11, 2016

PURPOSE OF POSITION:

Under the general direction of the Communications Center Director, responsible for the daily functional operations of a county-wide communications center with enhanced 911 capabilities and public safety two-way radio dispatching and other related duties as required. Advises and assists the Communications Center Director in the analysis, planning, development and implementation of routine and emergency procedures and processes required in the efficient and accurate receipt and dispatch of telephonic and radio communications for the purpose of providing rapid and appropriate law enforcement and fire services and information to the public.

• Supervises daily Communications Center operations and activities. • Inspects work in progress to assure conformance with procedures. • Prepares the operational scheduling for shifts. • Collects and approves payroll and employee attendance information and maintains records. • Responsible for supervision of staff including recruitment, selection, training and development, performance evaluations and employee discipline. • Must be capable of working a dispatch position. • Receives documents and investigates complaints against the Communications Center and its personnel and recommends disciplinary action based on investigative findings. • Possesses NCIC certification, acts as the Communications Center Terminal Agency Coordinator and assures that operators are NCIC certified. • Completes NCIC audits and oversees the Iowa System Contract to maintain NCIC access for all user agencies.

• Manages the Emergency Medical Dispatch program including overseeing the certification of all staff; acts as the liaison with the local medical director and all EMS user agencies and manages the quality assurance program to assure compliance with protocols. • Acts as the liaison between the Communications Center and public safety user agencies. • Manages criminal justice computer access for Communications staff and public safety user agencies. • Complies with all Public Records Requests. • Schedules and supervises the inspection of all communications equipment to ensure optimal operational condition. • Oversees the payment of bills and track service and maintenance contracts and provides budget recommendations to the Communication Director. • Manages, plans, and directs policy and procedure development and annual review for the Communication Center. • Responsible for preparing directives and procedures to meet operational and compliance standards and maintains files to include proofs of compliance with the accreditation process. • Keeps abreast of all aspects of the accreditation process, including proposed changes or amendments to procedures, assessing the impact of changes on current procedures. • Provides 24/7 on-call assistance for critical, computer-related issues, emergency personnel matters and crisis situations involving the Communications Center, the community or public safety user agencies. • Establishes and maintains effective working relationships with officials, other agencies, fellow employees, and the general public. • Maintains regular and punctual attendance and working hours. • Regularly lifts and/or moves 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 being sick, they will be required to report to work in a state of declared emergency.

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

Cognitive Demands, Skills and Abilities: Ability to hear and differentiate speech at various intensity levels which is commonly communicated over the emergency communication system. In addition, must be able to see and read multiple computer screens in order to track public safety response personnel at all times, and see and read updated information as it appears on the computer screen to ensure providers are given the updated information. If the hearing loss or vision is greater than required for the position, the individual must attempt to correct the hearing or vision to the minimum standards through glasses/contact or hearing aids, etc. to assist with hearing/vision. Vision is required to operate communication equipment including telephone equipment and a multi-screen computer console.

Ability to hear and understand sound sources coming through a communications headset and/or standard telephone receiver, including the ability to hear and understand other outside sound sources while wearing a communications headset. Ability to hear and differentiate speech at various intensity levels.

Manual dexterity is required to operate communication equipment including telephone equipment and a multi-screen computer console.

Physical requirements: While performing the duties of this job, the employee is regularly required to use hand to finger, handle or feel; reach with hands and arms; talk or hear. The employee is occasionally required to stand; walk; climb; or balance; and stoop, kneel, crouch or crawl. The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 30 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception and ability to adjust focus.

Work Environment: Ninety percent of work is normally performed in a normal inside office environment with appropriate 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. Travel in all types of weather extremes to attend training and/or organizes meetings conferences, and workshops; must be mobile and able to visit complainants and businesses within the metro area.

REQUIRED QUALIFICATIONS AND ACCEPTABLE EXPERIENCE/ TRAINING:

High School Diploma or GED and five to seven years’ experience as a Communications Operator or similar experience; proven experience in administrative support activities and the supervision of Communications Operators. Extensive knowledge of law enforcement and fire emergency communications procedures and operations over telephone, teletype, computer and two-way radio; considerable knowledge of administrative support functions and above average knowledge of organizational supervision; ability to speak clearly in a well-modulated voice and to use good diction; ability to think and act quickly and calmly in emergency situations; ability to assign, supervise and review the work of others. Any equivalent combination of experience and training that provides the required knowledge, skill and abilities.

Must be able to attain NCIC certification.

PRE-EMPLOYMENT SCREENINGS:

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

Position: Communication Center Director

Class Code Pay Range (Non) Bargaining Group 3050 X 4 PATS

FLSA Category Reports to Position Department/Division Exempt Woodbury County Information & WCICC/Communication Center Communications Commission

Date Revised Date Adopted Approved Resolution No May 2006 May 31, 2006 2006-0382/May 31, 2006

PURPOSE OF POSITION:

Under general direction of the Woodbury County Information and Communications Commission, plans, develops, implements and coordinates emergency communication procedures to provide efficient and accurate emergency service dispatching of police, fire, and sheriff services as well as emergency medical and rural fire services. Work also involves responsibility for developing, implementing, directing and coordinating the communication equipment and system needs; ensuring proper maintenance of system components; ensuring adherence to Federal Communications Commission rules, regulations and licensing requirements; and preparing and administering the center's budget. An employee in this class is expected to exercise considerable independent judgment in accordance with established policies and procedures.

• Plans, develops, implements and coordinates emergency communication policies and procedures to ensure accurate and efficient dispatching of emergency services to the general public. • Analyzes systems and equipment needs and recommends changes as deemed appropriate, supervises the development and administration of equipment maintenance contracts, reviews and evaluates proposals and bids for new equipment. • Directs all phases of personnel operations with full authority to hire, dismiss, assign, and discipline employees. • Prepares agency budget and administers expenditures in accordance with budget provisions.

• Provides liaison between police and fire departments, the Sheriff's Department and EMS providers regarding Communication Center operations. • Meets and confers with members of the Criminal Information Committee to review modification in operational procedures, enhancements in communication equipment components and systems and to resolve any operating problems among the agencies served. • Serves on boards and committees as appropriate and represents the Communications Center at functions as required. • Establishes and maintain effective working relationships with City Officials, other agencies, fellow employees and the general public. • 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. In the event that an employee is excused from work other than being sick, they will be required to report to work in a state of declared emergency.

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

Manual dexterity is required to operate communication equipment including telephone equipment and a multi-screen computer console.

Job Knowledge: Considerable knowledge of the principles of management and organization. Considerable knowledge of FCC rules, regulations and licensing requirements. Ability to plan, assign, supervise and evaluate the work of subordinate emergency communications personnel. Ability to develop training programs to ensure employee proficiency. Ability to analyze communication systems and to evaluate component equipment. Ability to communicate effectively, both orally and in writing. Ability to develop and implement policies and operating procedures. Ability to coordinate operations and information between various governmental entities, and to establish and maintain effective working relationships with public safety and governmental officials, the general public, and subordinates; good physical condition.

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 patrons; 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.

Physical Requirements: While performing the duties of this job, the employee is regularly required to use hand to finger, handle or feel; reach with hands and arms; talk or hear. The employee is occasionally required to stand; walk; climb; or balance; and stoop, kneel, crouch or crawl. The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 30 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception and ability to adjust focus.

Work Environment: Work is normally performed in a normal inside office environment with appropriate 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.

Special Requirements: None

REQUIRED QUALIFICATIONS AND ACCEPTABLE EXPERIENCE/TRAINING:

Graduation from an accredited four year college or university with major course work in public or business administration, public safety management or related field and considerable experience in a responsible administrative or managerial capacity involving the delivery of emergency communication services; or any equivalent combination of experience and training that provides the required knowledge, skill and abilities.

PRE-EMPLOYMENT SCREENINGS:

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

City of Sioux City, Iowa

Position: Civil Engineer

Class Code Pay Range (Non) Bargaining Group 6470 S 19 PATS

FLSA Category Reports to Position Department/Division Exempt City Engineer/Snr. Civil Engineer Public Works/Engineering

Date Revised Date Adopted Approved Resolution No March 2015 March 23, 2015 2015-0197/March 23, 2015

PURPOSE OF POSITION:

Under the general direction of the City Engineer or Senior Civil Engineer, performs technical and supervisory civil engineering work in the planning, design, and construction of public works, utility projects, and related work.

• Responsible for project management and project estimates of civil engineering plans. • Designs streets, water systems, and sewer systems. • Directs professional and paraprofessional subordinates in the department in the study, development, design and inspection of field work of a variety of engineering projects. • Supervises the preparation, administration and review of plans, estimates, inspections, reports, contract documents and similar materials for major projects; prepares cost estimates on engineering projects. • Answers questions from staff, contractors and the public regarding construction projects. • Assists in preparing departmental budget; prepares C.I.P. budget estimates. • Directs research studies and compilation of comprehensive reports; prepares various memorandums and letters. • Designs and prepares plans and specifications and the survey, construction, and inspection of street, airport, bridge, sidewalk, sewer, and related municipal improvements. • Evaluates cost effectiveness of construction techniques such as asphalt surfacing. • Maintains regular and punctual attendance and working hours. • Regularly lifts up to 10 pounds and occasionally lifts up to 30 pounds.

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

Job Knowledge: Strong knowledge of the principles and practices of civil engineering as related to the preparation of plans and specifications for a variety of public works projects; strong knowledge of modern methods and techniques as applied to the design, construction, and maintenance of public works projects; strong knowledge of the land and engineering survey systems, methods and techniques; strong knowledge of the principles, practices and techniques of engineering drafting; good knowledge of current developments and literature in the field of civil engineering; ability to instruct subordinate personnel in proper work methods and to supervise their work; ability to adapt approved engineering methods and standards to the design, construction and maintenance of a variety of public works projects; ability to establish and maintain effective working relationships with subordinates, associates, representatives of other agencies, municipal officials and the general public; ability to express ideas clearly and concisely, orally and in writing; good physical condition.

Language Ability and Interpersonal Communication: Requires effective communication skills and the ability to provide assistance to customers (external and internal). Re-quires the ability to write and speak effectively with fellow employees, City Council, and the general public; read in English; apply common sense understanding to the work process, procedures, programs and services; and to provide and follow verbal and written instructions. Requires the ability to work as a member of a team in order to accomplish tasks; the ability to establish and maintain effective working relationships with other employees and the general public; and the ability to relate to minorities, women, and other protected classes in the community at all socioeconomic levels.

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

Work Environment: Fifty percent of work is normally performed in a normal inside office environment with appropriate 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. Field conditions outdoors are varying weather conditions, with varying street level noises; and visiting locations within the community whose environment may be different from the City’s. Travel in all types of weather extremes to attend training and/or organizes meetings conferences, and workshops; must be mobile and able to visit complainants and businesses within the metro area.

Special Requirements: Possession of a valid Iowa driver’s license or the ability to obtain one within two months of the date of hire. Possession of an Engineer in Training Certificate as issued by the Iowa Professional Licensing Bureau – Engineering and Land Surveying Examination Board or the ability to obtain one within one year of the date of hire. Must become registered as a Professional Engineer in the State of Iowa within five years of hire.

REQUIRED QUALIFICATIONS AND ACCEPTABLE EXPERIENCE/TRAINING:

Bachelor’s degree in civil engineering or related discipline such as environmental, transportation, construction, structural, municipal, urban, water resource engineering or geotechnical engineering. Any equivalent combination of experience and training that provides the required knowledge, skill and abilities.

PRE-EMPLOYMENT SCREENINGS:

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

RESOLUTION AMENDING THE POSITION CLASSIFICATION MANUAL ADOPTED BY RESOLUTION NO. S-31050 BY APPROVING AND ADOPTING UPDATED JOB DESCRIPTIONS FOR AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) POSITIONS. (COMMUNICATIONS OPERATOR AND LEAD COMMUNICATIONS OPERATOR)

WHEREAS, the Position Classification Manual for American Federation of State, County and Municipal Employees (AFSCME) was adopted by Resolution No. S-31050 on August 23, 1976; and

Communications Operator, Class Code IV-1105; Lead Communications Operator, Class Code IV-1104; 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 descriptions of the above described positions, attached hereto, and by this reference made a part hereof.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Position Classification Manual adopted by Resolution No. S-31050 be and the same is hereby amended by approving and adopting updated job descriptions for the positions referred to in the preamble hereof for American Federation of State, County and Municipal Employees (AFSCME).

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

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Res2018\Emp Rel\AFSCME Job Description Updates (Communications Operator And Lead Communications Operator).Docx City of Sioux City, Iowa

Position: Communications Operator

Class Code Pay Range (Non) Bargaining Group IV-1105 A 13 AFSCME Local 212

FLSA Category Reports to Position: Department/Division: Non-Exempt Communications Center Manager WCICC Communications

Date Revised Date Adopted Approved Resolution No: October 2016 October 5, 2009 2016-0878/October 17, 2016

PURPOSE OF POSITION:

Under general direction of the Communications Center Manager, operates a computerized radio dispatch and telephone system maintaining contact with personnel in the field, relaying information and data in the provision of public safety services to the community.

• Receives emergency 911 and non-emergency requests for assistance from citizens, public safety personnel and officials. • Operates a computerized system to dispatch law enforcement, fire and emergency medical personnel in accordance with established guidelines, policies and procedures. • Operates multiple computerized systems to access criminal justice information. • Operates the National Crime Information Center (NCIC) Computer System in compliance with regulations and guidance for system usage. • Assists in filing and verifying protection orders according to established guidelines. • Makes determinations in assigning priority among calls. • Monitors fire and intrusion alarms, and determines alarm types and appropriate responses. • Operates security and traffic safety cameras. • May be required to operate the backup system in the event of malfunction in the primary system. • Monitors the National Weather Service warnings for all types of severe weather emergencies. • Operates the telecommunications device for the deaf to communicate with the hearing impaired.

• Provides pre-arrival medical instructions following established guidelines. • Establishes and maintains effective working relationships with officials, other agencies, fellow employees, and the general public. • Responsible for numerous department specific duties. • Maintains good public relations through courteous and prompt attention to all citizen requests for services. • Maintains regular and punctual attendance and working hours. • Regularly lifts and/or moves 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 being sick, they will be required to report to work in a state of declared emergency.

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

Manual dexterity is required to operate communication equipment including telephone equipment and a multi-screen computer console.

Job Knowledge: Requires a thorough and complete knowledge of data entry systems and procedures. Ability to apply current office technology, resources and services to assist officers, officials and the general public and to direct the work of others. Knowledge of basic NCIC regulations, city ordinances; inter-personal relations and the ability to use the English language effectively. Ability to work independently and to exercise good judgment in making decisions in accordance with regulations, ordinances and laws, and to efficiently process complex data, records and reports regarding Law Enforcement and Emergency Medical Service operations and services. Ability to remain calm and professional in stressful situations.

Language Ability and Interpersonal Communication: Requires effective communication skills and the ability to provide assistance to Public Safety personnel and the general public via radio and telephone. Requires the ability to speak clearly, distinctly and effectively; 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 follow verbal and written instructions. Ability to establish and maintain an effective working rapport with City officials, fellow employees and the general public.

Special Requirements: NCIC, CPR and EMD certification.

REQUIRED QUALIFICATIONS AND ACCEPTABLE EXPERIENCE/ TRAINING:

Graduation from High School or GED and at least two years of responsible data entry and clerical experience preferably including general public contact work or any combination of experience and training which provides the required knowledge, skills and abilities.

PRE-EMPLOYMENT SCREENINGS:

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

Position: Lead Communications Operator

Class Code Pay Range (Non) Bargaining Group IV-1104 A 15 AFSCME Local 212

FLSA Category Reports to Position: Department/Division: Non-Exempt Communications Center Manager WCICC Communications

Date Revised Date Adopted Approved Resolution No: October, 2016 October 5, 2009 2016-0878/October 17, 2016

PURPOSE OF POSITION:

Under general direction of the Communications Center Manager, serves as the lead person on an assigned shift and operates a computerized radio dispatch system maintaining contact with personnel in the field, relaying information and data in the provision of public safety services to the community.

• Receives emergency 911 and non-emergency requests for assistance from citizens, public safety personnel and officials. • Operates a computerized system to dispatch law enforcement, fire and emergency medical personnel in accordance within established guidelines, policies and procedures. • Operates multiple computerized systems to access criminal justice information. • Operates the National Crime Information Center (NCIC) Computer System in compliance with regulations and guidance for system usage. • Assists in filing and verifying protection orders according to established guidelines. • Makes determinations in assigning priority between calls. • Directs, assigns and reviews the work of the communications operators on an assigned shift and makes recommendations regarding employee performance evaluations. • Insures equipment is operational and reports any problems to management. • Prepares and submits time records and maintains related reports. • Assists in the training of new employees; responds to questions and provide assistance. • Assists in preparing work schedules for personnel. • Serves as contact and liaison among various agencies.

• Monitors fire and intrusion alarms, and determines alarm types and appropriate responses. • Operates security and traffic safety cameras. May be required to operate the backup system in the event of malfunctions in the primary system. • Monitors the National Weather Service warnings for all types of severe weather emergencies. • Operates the telecommunications device for the deaf to communicate with the hearing impaired. • Provides pre-arrival medical instructions following established guidelines. • Establishes and maintains effective working relationships with officials, other agencies, fellow employees, and the general public. • Maintains regular and punctual attendance at work. • Regularly lifts and/or moves 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 being sick, they will be required to report to work in a state of declared emergency.

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

Manual dexterity is required to operate communication equipment including telephone equipment and a multi-screen computer console.

Job Knowledge: Requires a thorough and complete knowledge of data entry systems and procedures. Ability to apply current office technology, resources and services to assist officers, officials and the general public and to direct the work of others. Knowledge of basic NCIC regulations, city ordinances; interpersonal relations and the ability to use the English language effectively. Ability to work independently and to exercise good judgment in making decisions in accordance with regulations, ordinances and laws, and to efficiently process complex data, records and reports regarding law enforcement and emergency medical service operations and services. Ability to remain calm and professional in stressful situations.

Language Ability and Interpersonal Communication: Requires effective communication skills and the ability to provide assistance to public safety personnel and the general public via radio and telephone. Requires the ability to speak clearly, distinctly and effectively; 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 follow verbal and written instructions. Ability to establish and maintain an effective working rapport with city officials, fellow employees and the general public.

Special Requirements: NCIC, CPR and EMD certifications.

REQUIRED QUALIFICATIONS AND ACCEPTABLE EXPERIENCE/ TRAINING:

Graduation from High School or GED and at least two years of responsible data entry and clerical experience preferably including general public contact work including one year as a communications operator or any combination of experience and training which provides the required knowledge, skills and abilities.

PRE-EMPLOYMENT SCREENINGS:

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

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 12A Jon O’Brien, Utilities Superintendent FROM: Mark Simms, Utilities Director

Resolution amending Resolution No. 2018-0191 which approved Change Order Nos. 1 and 2, accepted the work, and authorized final payment to AG SUBJECT: Construction, Inc. for the 2017 Utilities Flatwork Project (Project No. 6914- 519-164), by revising the amounts of the final pay and retainage

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

RECOMMENDATION: Staff respectfully requests that the City Council approve the attached resolution amending Resolution No. 2018-0191, which approved Change Order Nos. 1 and 2, accepted the work, and authorized final payment to AG Construction, Inc. for the 2017 Utilities Flatwork Project (Project No. 6914-519-164), by revising the amounts of the final pay and retainage.

DISCUSSION: A contract was awarded to AG Construction, Inc. of Sioux City, Iowa on July 10, 2017, under Resolution No. 2017-0638 in a contract amount of $33,545.00. The work has been completed and approved by City staff. On March 12, 2018, pursuant to Resolution No. 2018-0191, the Council approved Change Order Nos. 1 and 2, accepted the work at a total contract amount of $112,683.05 and authorized final payment to AG Construction, Inc. in the amount of $75,837.41 immediately and $5,634.15 in thirty days provided there were no liens or claims against retainage was on file.

When the retainage was being processed by City staff, it was discovered that the final payment to AG Construction, Inc. for this project had been made in the amount of $77,397.98. Staff intended to hold additional retainage in the ten initial pay outs which totaled $1,560.57 of this contract. Instead staff paid the full 95% payment minus the normal 5% retainage. This result- ed in the contractor being paid the $1,560.57 that was intended to be withheld as retainage. Due to the extenuating circumstances staff is requesting Council to amend Resolution No. 2018-0191 to reflect the amounts paid to read $77,397.98 and $4,073.58.

FINANCIAL IMPACT: This project is funded using project 519-164 Annual Unspecified Water Distribution System Improvements, account no. 519-2901-453.22-38, and project 539-101 Annual Sanitary Sew- ers, account no. 529-2901-453.22-38. The Pierce Street and 11th Street repair in the amount of $6,669.00 will be funded through 230-5202-472.30-10. The York Lift Station repair in the amount of $9,549.80 will be funded through project 539-207 Lift Station Improvements, account no. 529-2901-453.22-11. The WWTP repairs in the amount of $14,699.42 will be funded through account no. 520-2301-453.22-11. The projects currently have a total combined avail-

able balance of $491,947.78.

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 Final Payment Application

RESOLUTION NO. 2018 - ______with attachments

RESOLUTION AMENDING RESOLUTION NO. 2018-0191 WHICH APPROVED CHANGE ORDER NOS. 1 AND 2, ACCEPTED THE WORK, AND AUTHORIZED FINAL PAYMENT TO AG CONSTRUCTION, INC. FOR THE 2017 UTILITIES FLATWORK PROJECT (PROJECT NO. 6914-519-164), BY REVISING THE AMOUNTS OF THE FINAL PAY AND RETAINAGE

WHEREAS, on July 10, 2017, Sioux City, Iowa entered into a contract with AG Construction, Inc. of Sioux City, Iowa for the 2017 Utilities Flatwork Project within the City as therein described; and

WHEREAS, on March 12, 2018, pursuant to Resolution No. 2018-0191, the City Council approved Change Order Nos. 1 and 2, accepted the work and authorized final payment to AG Construction, Inc. for the satisfactory completion of the construction of the project in accordance with the terms and conditions of said contract and the plans and specifications; and

WHEREAS, the final payment amounts shown by the engineer’s report filed with the City Clerk on March 12, 2018, mistakenly stated to pay $75,837.41 now and $5,634.15 in thirty days provided there are no liens or claims against retainage on file; and

WHEREAS, Resolution No. 2018-0191 should be amended to reflect the actual amounts paid for the project in the amount of $77,397.98 now and $4,073.58 in thirty days provided there are no liens or claims against retainage on file as shown by the engineer's report filed with the City Clerk on May 7, 2018 and attached hereto and made a part hereof; and

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

A. That Resolution No. 2018-0191 passed and approved March 12, 2018 be and the same is hereby amended to reflect the corrected amounts of the final payment and retainage of the project and the amount now due and payable to the contractor by authorizing the Director of Finance to issue checks in the amount of $77,397.98 and $4,073.58, payable from the appropriate fund in favor of AG Construction, Inc. for the construction of the project as shown by the engineer’s report filed with the City Clerk on May 7, 2018.

B That more than thirty days have passed since the passage of Resolution No. 2018-0191 and in accordance with the terms of the contract, the contractor is entitled to final payment of all unpaid sums in the amount of $4,073.58 now.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

Project Name: 2017 Utiltities Flatwork Project Pay Request No. Final Sioux City Project Number: 6914-519-164

Contractor: AG Construction, Inc. Engineer's Report

ITEM NUMBER DESCRIPTION UNITS CONTRACT QUANTITY UNIT PRICE CONTRACT PRICE TOTAL QUANTITY TOTAL AMOUNT COMPLETED

1 4" PCC Sidewalk SF 300 $ 4.25 $ 1,275.00 243.00 $ 1,032.75 2 6" PCC Sidewalk SF 200 $ 5.50 $ 1,100.00 32.50 $ 178.75 3 ADA Truncated Domes SF 250 $ 16.00 $ 4,000.00 8.00 $ 128.00 4 6" PCC Paving SF 600 $ 5.20 $ 3,120.00 1005.80 $ 5,230.16 5 8" PCC Paving SF 600 $ 6.00 $ 3,600.00 5895.70 $ 35,374.20 6 10" PCC Paving SF 300 $ 8.00 $ 2,400.00 1186.50 $ 9,492.00 7 12" PCC Paving SF 200 $ 12.00 $ 2,400.00 0.00 $ - 8 Remove Paving SF 250 $ 5.00 $ 1,250.00 1630.10 $ 8,150.50 9 Remove Sidewalk SF 250 $ 3.00 $ 750.00 600.00 $ 1,800.00 10 Remove and Replace Unsuitable Soils CY 100 $ 30.00 $ 3,000.00 0.00 $ - 11 Minor Manhole Adjustment EA 10 $ 300.00 $ 3,000.00 9.00 $ 2,700.00 12 Valve Adjustment EA 10 $ 75.00 $ 750.00 6.00 $ 450.00 13 6"-8.5” Curb and Gutter LF 100 $ 30.00 $ 3,000.00 407.65 $ 12,229.50 14 Mobilization per Location EA 13 $ 300.00 $ 3,900.00 30.00 $ 9,000.00

Change Order No. 1 15 Fines Clinton EA 0 $ 31.03 $ - 1.00 $ 31.03 16 Delivery of Fines EA 0 $ 50.00 $ - 3.00 $ 150.00 17 Fines Fairbanks/Wright EA 0 $ 30.92 $ - 1.00 $ 30.92 18 Backfill EA 0 $ 275.00 $ - 4.00 $ 1,100.00 19 Backfill and Seeding EA 0 $ 275.00 $ - 11.00 $ 3,025.00 20 Manhole Adjustment (Removal of Rim) EA 0 $ 1,500.00 $ - 1.00 $ 1,500.00 21 Labor and Rental of Equipment LS 0 $ 620.00 $ - 1.00 $ 620.00 22 9" PCC Paving SF 0 $ 7.00 $ - 126.50 $ 885.50 23 Fines Bryan/Hornick EA 0 $ 23.59 $ - 1.00 $ 23.59 24 PCC Paving 5" SF 0 $ 4.75 $ - 682.00 $ 3,239.50 25 Partial Back Fill LS 0 $ 92.85 $ - 1.00 $ 92.85 26 11th & Pierce Street Repair LS 0 $ 6,669.00 $ - 1.00 $ 6,669.00 27 York St. Lift Station LS 0 $ 9,549.80 $ - 1.00 $ 9,549.80 Total - Change Order No. 1 $ 26,917.19

Change Order No. 2 Final Quantity Adjustment LS 1.00 $ 52,220.86

TOTAL $ 33,545.00 $ 112,683.05 5% RETAINAGE THIS PAYMENT $ 4,073.58 PREVIOUS PAYMENTS $ 31,211.49 TOTAL DUE $ 77,397.98

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 12B Gordon Phair, City Engineer FROM: Brittany Anderson, Senior Civil Engineer

Resolution accepting the work and authorizing final payment to the Sioux SUBJECT: City Community School District for the Bryant Elementary School Site Im- provements Project (Project No. 6773-719-036).

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 $1,404,931.80 to the Sioux City Community School District for the Bryant Elementary School Site Improvements Project (Project No. 6773-719-036).

DISCUSSION: A 28E Agreement for developmental services with the Sioux City Community School District was approved on June 2, 2014 under Resolution No. 2014-0374 and Amendment No. 1 to the 28E Agreement was approved on February 22, 2016 under Resolution No. 2016-0144. This agreement outlined the City’s cost share for improvements along Jones Street (30th Street – 31st Street), 31st Street (Jones Street – Jennings Street), and Jennings Street (30th Street – 31st Street). Per the agreement, the City is responsible for reimbursing the School District for 50% of the cost of grading, paving, and storm sewer reconstruction. The City is responsible for 100% of the costs for the reconstruction of sanitary sewer and water main. Reimbursement to the School District also includes 16% of the final construction costs for survey, design, and construction services for the City related construction costs.

Below is a summary of the project costs:

Total Project Cost City’s Cost Share Division I – Street Improvements $735,664.70 $367,832.35 (50% City/50% School) Division II – Street Improvements $843,315.75 $843,315.75 (100% City) Subtotal $1,211,148.10 16% of Subtotal $193,783.70 (Survey, Design, and Construction Services) Total City Reimbursement $1,404,931.80

FINANCIAL IMPACT: The infrastructure improvements for Bryant Elementary School were programmed for $650,000 in FY17 and $850,000 in FY18 under CIP 719-331 Annual Schools in Sioux City Infrastructure Improvements using a transfer in sales tax infrastructure and general obligation bonds. All project funds have been transferred to CIP 719-036 Bryant Elementary School which has an available balance of $1,590,014.32 to cover the final payment.

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 Final Invoice

RESOLUTION NO. 2018 - ______with attachments

RESOLUTION ACCEPTING THE WORK AND AUTHORIZING FINAL PAYMENT TO THE SIOUX CITY COMMUNITY SCHOOL DISTRICT FOR THE BRYANT ELEMENTARY SCHOOL SITE IMPROVEMENTS PROJECT (PROJECT NO. 6773-719-036).

WHEREAS, on June 2, 2014 under Resolution No. 2014-0374, Sioux City, Iowa entered into a 28E Agreement with the Sioux City Community School District for the Bryant Elementary School Site Improvements Project within the City as therein described; and

WHEREAS, on February 22, 2016 under Resolution No. 2016-0144, Sioux City, Iowa approved Amendment No. 1 to the 28E Agreement with the Sioux City Community School District; and

WHEREAS, the Sioux City Community School District has fulfilled the terms of the 28E Agreement, hiring and paying a contractor to complete the construction of the project in accordance with the terms and conditions of the approved plans and specifications; and

WHEREAS, in accordance with the terms of the 28E Agreement, the Sioux City Community School District is entitled to reimbursement for construction costs, survey, design, and construction services.

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

A. The project is hereby approved and accepted as having been fully completed in accordance with the said plans and specifications and 28E Agreement and the total City project cost under said 28E Agreement is hereby determined to be $1,404,931.80 as shown in said letter of the engineer and final invoice from the Sioux City Community School District, copies of which are attached hereto and by this reference made a part hereof.

B. The Director of Finance be, and she is hereby authorized and directed to issue a check in the amount of $1,404,931.80 now payable from the appropriate fund in favor of the Sioux City Community School District for reimbursement for the construction of the project.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 12C

FROM: Don Trometer, Risk Manager

Resolution approving settlement of a damage claim and authorizing payment SUBJECT: thereof (Pierce Street Partners)

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

RECOMMENDATION: The Legal Department recommends a property damage settlement with Pierce Street Partners Limited Partnership.

DISCUSSION: A fire line broke on January 1, 2018 flooding the entire basement of the Martin Towers. The City owns the basement area and first floor with Pierce Street Partners owning the upper floors. After negotiations of damages an agreement was made to pay $35,265.67 directly to Foulk Brothers Plumbing for the City’s divided share of expenses with Pierce Street Partners. Foulk Brothers Plumbing provided repair work to Pierce Street Partners and the broken fire line.

FINANCIAL IMPACT: Reduce Fund 663-040 Martin Building Renovations by $35,265.67.

RELATIONSHIP TO STRATEGIC PLAN: N/A

ALTERNATIVES: Litigation

ATTACHMENTS: Resolution.

RESOLUTION NO. 2018 - ______

RESOLUTION APPROVING SETTLEMENT OF A DAMAGE CLAIM AND AUTHORIZING PAYMENT THEREOF (PIERCE STREET PARTNERS)

WHEREAS, a claim was filed against the City of Sioux City, Iowa by Pierce Street Partners Limited Partnership resulting from a broke fire line at the Martin Towers occurring on January 1, 2018; and

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

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that said claim be settled and the Director of Finance be and she is authorized and directed to issue a check from the appropriate fund in the amount of $35,265.17 payable to Foulk Brothers Plumbing.

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

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Res2018\Legal\Pierce Street Partners Settlement.Docx

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 12D FROM: Connie E. Anstey, Assistant City Attorney Resolution approving payment of a worker’s compensation award (Robert SUBJECT: Nelson)

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

RECOMMENDATION: Staff respectfully request the City Council approve a resolution authorizing payment of a negotiated settlement with Robert Nelson in Worker’s Compensation Claim No. 5041068.

DISCUSSION: On December 22, 2014 Robert Nelson was awarded a 60% Industrial Disability or 300 weeks of benefits at $541.34 per week. The award was upheld on appeal. Mr. Nelson and his attorney filed a petition for review and reopening of the award in December 2016 claiming a dete- rioration in his condition entitles him to a greater industrial disability. Hearing was held on the matter on October 26, 2017. Briefs were filed on December 22, 2017. A negotiated settlement for a closed file has been reached with Mr. Nelson which provides for a payment of the remaining award lump sum plus an additional $20,000.00 in full and final settlement of all claims relating to Mr. Nelson’s employment and alleged injury. The remaining unpaid benefits awarded are a total $46,013.90 as of May 11, 2018. The total payment requested to be authorized in exchanged for a closed file settlement is a total of $66,013.90.

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

RELATIONSHIP TO STRATEGIC PLAN: N/A

ALTERNATIVES: N/A

ATTACHMENTS: Resolution

RESOLUTION NO. 2018 - ______

RESOLUTION APPROVING PAYMENT OF A WORKER’S COMPENSATION AWARD (ROBERT D. NELSON)

WHEREAS, a Review/Reopening Petition of a worker’s compensation award was filed against the City of Sioux City, Iowa by Robert D. Nelson resulting from an alleged work-related injury in File No. 5041068; and

WHEREAS, Robert D. Nelson had previously been awarded 300 weeks of permanent partial disability benefits by a Deputy Commissioner which was upheld by the Iowa Worker’s Compensation Commissioner on appeal and by the District Court on judicial review; and

WHEREAS, an application for Review/Reopening was filed seeking benefits for total disability and the possibility of future medical benefits and it has been determined that it is in the best interest of the City to settle this action by obtaining a negotiated closed file settlement by paying remaining benefits and an additional $20,000.00 in a lump sum.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Director of Finance be and she is hereby authorized and directed to issue a check from the appropriate fund in the amount of $66,013.90 payable to Robert D. Nelson and his attorney Willis Hamilton.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 12E FROM: Connie E. Anstey, Assistant City Attorney

Resolution approving payment of a worker’s compensation award (Gus The- SUBJECT: ros)

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

RECOMMENDATION: Staff respectfully request the City Council approve a resolution authorizing payment of com- muted benefits awarded to Gus Theros in Worker’s Compensation Claim No. 5018948.

DISCUSSION: On December 21, 2017, the Deputy Commissioner filed his ruling following hearing in this case. Mr. Theros’ application for full commutation was granted and he was awarded payment of the present value of his remaining benefit entitlement to be paid lump sum. Claimant’s attorney disputed the computation of the payment amount made in January claiming additional funds were due under the settlement. It was believed that the amount requested by the Claimant was in excess of any additional amounts actually owed. After considerable negotia- tion, an agreement has been reached regarding the actual amount of additional compensation due under the commutation. An additional $5,992.85 is due to the Claimant as the result of the Worker’s Compensation Commissioner’s adoption of a mortality table which provides for a greater number of weeks compensation than that which would be due under the Mortality Ta- ble contained in Volume VI of the Iowa Code and therefore additional funds are due and payable.

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

RELATIONSHIP TO STRATEGIC PLAN: N/A

ALTERNATIVES: N/A

ATTACHMENTS: Resolution

RESOLUTION NO. 2018 - ______

RESOLUTION APPROVING PAYMENT OF A WORKER’S COMPENSATION AWARD (GUS THEROS)

WHEREAS, a worker’s compensation claim was filed against the City of Sioux City, Iowa by Gus Theros resulting from an alleged work-related injury in File No. 5018948; and

WHEREAS, an award of benefits was made by a Deputy Commissioner after hearing and upheld by the Iowa Worker’s Compensation Commissioner on appeal and by the District Court on judicial review; and

WHEREAS, an application for Full Commutation was filed and a decision entered by the Deputy Commissioner granted the application and the City has previously underpaid the amount due under the commutation.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Director of Finance be and she is hereby authorized and directed to issue a check from the appropriate fund in the amount of $5,992.85 payable to Gus Theros and his attorney Ed Keane.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 14, 2018 ACTION ITEM # 13 FROM: Donna Forker, Finance Director

Approve total checks issued for the reporting period of April 2018, in the SUBJECT: amount of $7,911,779.48

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

RECOMMENDATION: Staff respectfully requests the Council to approve the total checks issued for April 2018 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 approval. 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 account 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.

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: None

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 14 Lisa McCardle, City Clerk FROM: Heidi Farrens, Deputy City Clerk

Application for Cigarette, Tobacco, Nicotine, Vapor Permit:

A. OVER-THE-COUNTER 1. 75 Pronto Express, 1800 Highway 75 North (Renewal) 2. Charlie’s Wine and Spirits, 507 West 19th Street (Renewal) 3. East End Car Wash, 5401 Morningside Avenue (Renewal) 4. Downtown Liquor, 1203 5th Street (Renewal) 5. Family Dollar No. 25720, 2200 Riverside Boulevard (Renewal) 6. Fareway No. 19, 4016 Indian Hills Drive (Renewal) 7. Fareway No. 22, 4040 War Eagle Drive (Renewal) 8. Fareway No. 829, 4257 Sergeant Road (Renewal) 9. Hy-Vee Food Store No. 1, 2827 Hamilton Boulevard (Renewal) 10. Hy-Vee Food Store No. 2, 4500 Sergeant Road (Renewal) 11. Hy-Vee Food Store No. 3, 3301 Gordon Drive (Renewal) 12. Hy-Vee Gas No. 1, 2801 Hamilton Boulevard (Renewal) 13. Hy-Vee Gas No. 2, 4450 Sergeant Road (Renewal) 14. Hy-Vee Mainstreet, 2611 Pierce Street (Renewal) SUBJECT: 15. Jim’s Lounge, 4505 Stone Avenue (Renewal) 16. K and K Quick Corner, 1401 Court Street (Renewal) 17. Kum and Go No. 226, 1373 Pierce Street (Renewal) 18. Kum and Go No. 228, 1925 South Lakeport Street (Renewal) 19. Kum and Go No. 229, 1821 Hamilton Boulevard (Renewal) 20. Kum and Go No. 248, 2026 Riverside Boulevard (Renewal) 21. Kum and Go No. 251, 1005 Gordon Drive (Renewal) 22. Sam’s Club No. 6432, 4201 South York Street (Renewal) 23. Sam’s Mini Mart, 923 West 7th Street (Renewal) 24. Sarg’s Mini Mart, 2329 West 2nd Street (Renewal) 25. Sarg’s Mini Mart, 3407 Glenn Avenue (Renewal) 26. Select Mart, 2825 Gordon Drive (Renewal) 27. Spencer Gifts, 4400 Sergeant Road (Renewal) 28. Vi E-Cig and Vape Lounge, 3407 Singing Hills Boulevard (Re- newal) 29. Walmart No. 1361, 3400 Singing Hills Boulevard (Renewal) 30. Walmart No. 3590, 3101 Floyd Boulevard (Renewal)

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

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

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

Zoning has been verified for any new applicants above, no violations were found unless otherwise noted.

FINANCIAL IMPACT: All fees collected stay with the issuing authority; revenue collected in FY2017 totaled $ 10,375.00.

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

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

ATTACHMENTS: None

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 15 FROM: Lisa McCardle, City Clerk

A. ON-PREMISE SALES

1. CLASS B LIQUOR LICENSE (Hotel/Motel; liquor/wine/beer/wine coolers/carry-out) A. Stoney Creek Inn of Sioux City, 300 3rd Street (Renewal) 2. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry- out) A. Castle Pub & Grill, 4400 Singing Hills Boulevard (Renewal) B. La Familia Nightclub, 420 Jackson Street (Renewal) C. Mavericks, 416 Cunningham Drive (Renewal) D. Rox & Rails, 1012 4th Street (Renewal) E. Sneaky’s Lounge, 3711 East Gordon Drive (Renewal) F. Tav on the Ave, 914 Morningside Avenue (Renewal) SUBJECT: G. Teaser Gentlemens Club, 1127 4th Street (Temporary Outdoor Service for Awesome Biker Nights, June 15-17, 2018) H. Trattoria Fresco, 511 4th Street (New) 3. CLASS B BEER PERMIT (beer/carry-out beer/wine coolers) A. Schweddy’s Hot Dog Shop, 211 4th Street (New)

B. OFF PREMISE SALES

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

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

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

All Outdoor Events are approved pending final inspections once the event is set up.

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 establishments were reviewed and the Police Department recommends approval for all applicants unless otherwise noted.

FINANCIAL IMPACT: The % of the local authority share of liquor license fees gathered by the State of Iowa Alco- holic Beverages Division varies from license to license; the City collected $111,513.76 in FY2017.

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

ATTACHMENTS: None

AIRPORT BOARD OF TRUSTEES REGULAR MEETING March 8, 2018

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

MEMBERS PRESENT STAFF OTHER Darrell Jesse Mike Collett, Assistant City Manager Darren Christopher Jim Palmer John Backer, Operations Manager Jakob Miles Rita DeJong Ann Marie Skaggs, Admin Assistant Angie Schneiderman Amber Hegarty, Assistant City Attorney Vince Kramper

MEMBERS ABSENT Noelle Jacobs Mike Stiles

CALL OF THE ROLL Meeting was called to order at 7:30 a.m. by President Darrell Jesse.

APPROVAL OF MINUTES Schneiderman moved that the minutes of February 15 be approved. Seconded by Palmer. Motion Ap- proved Unanimously.

BUSINESS ITEMS Approve a Recommendation to the City Council to Approve a 5 Year Contract with RS&H Engi- neering to Provide Design, Engineering, and Architectural Work A Motion to Approve a Recommendation to the City Council to Approve a 5 Year Contract with RS&H Engineering to Provide Design, Engineering, and Architectural Work was made by Kramper and Seconded by Schneiderman. Motion Approved Unanimously.

Collette stated this is done every 5 years. This year, the Airport received 4 engineering submittals and 3 planning submittals. A selection committee reviewed all proposals. He noted Dave Carney, Public Works Director was a member of the selection committee and brought a lot of experience to the table. The FAA had given approval for RS&H to oversee the 17/35 runway replacement project regardless of which firm was chosen. Palmer asked why the City didn’t retain more engineers on staff and Collett stated there are too many engineering specialties needed and they are difficult to retain.

Approve a 2 Year Airport Concession Disadvantage Business Enterprise (ACDBE) Plan A Motion to Approve a 2 Year Airport Concession Disadvantage Business Enterprise (ACDBE) Plan was made by DeJong and Seconded by Kramper. Motion Approved Unanimously.

For the first time, rental car commissions exceeded $200,000.00 which is the federal threshold requiring an ACDBE Plan be enacted at the Airport.

DISCUSSION 17/35-Ann Marie and Darren developed a tentative timeline construction schedule with a potential bid opening date of June 7. There may be a special meeting needed in April, or the May meeting may move to May 3. Everything is dependent upon the FAA engineers. Darren noted the FAA is still not fully funded due to congress. June 22 is the FAA deadline to submit the grant application. CATEX- Tall Grass will be here next week to look at two buildings and south housing.

FINANCIAL REPORT-Numbers look very good.

MARKETING- April 4-May 3 AA will be sending 70 seat aircraft to SUX.

SET DATE FOR NEXT MEETING – The next meeting will take place at the Airport on Thursday, April 12, 2018.

ADJOURNMENT There being no other business, a motion to adjourn at 8:00 a.m. was made by DeJong and seconded by Kramper. Approved unanimously

Vincent J. Kramper Secretary

ART CENTER BOARD OF TRUSTEES UNAPPROVED MINUTES REGULAR MEETING April 19, 2018

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 Jack Bristow Kjersten Welch, recording sec’y Robert Gillespie Terri McGaffin Becky Meyer, chair Nan Wilson BOARD ABSENT Michael McTaggart

1. CALL OF THE ROLL Meeting was called to order at 11:58 p.m. with chair Becky Meyer, Gail Ament, Jack Bristow, Robert Gillespie and Nan Wilson in attendance.

2. Reading of Minutes of February 15, 2018. Gail Ament made a motion to approve the minutes as written, seconded by Jack Bristow; all voting aye.

3. Financial Reports – Art Center Director Al Harris-Fernandez reported that 83 percent of the current fiscal year has lapsed, while 79 percent of the budget has been expended. The expenses over $250 report was reviewed.

Terri McGaffin entered the meeting at 12:03 p.m.

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

4. Building and Properties Report – Work on the Gilchrist Learning Center is on schedule and under budget. A service agreement for the heating and air conditioning system is in place with Suter Services. Building Maintenance is overseeing a project to remove and replace cladding on the exterior of the Art Center.

Rick Mach is overseeing the Art Center’s interior renovation to galleries and collection storage.

5. Personnel And Policies Report – Education staff structure is being reviewed in preparation for the opening of the Learning Center. The Sioux City Community School District will increase its utilization of the Art Center by making all fifth grade classes participate in the Artworks program. Advanced art classes will also be taught in the Learning Center.

6. Attendance Report – The attendance report was reviewed.

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

8. Other Business – The Briar Cliff Review exhibition opening reception is April 19 and a Jeff Baldus exhibition will open May 18. . 9. Closed Session in order to evaluate the Art Center director’s job performance to avoid needless and irreparable injury to his reputation as authorized by the State of Iowa Code (Section 2.15 (I) of the Iowa State Code – Gail Ament made a motion to enter closed session at 12:27 p.m. for the Art Center director’s performance evaluation, seconded by Terri McGaffin; all voting aye.

Board returned to open session at 1:04. The board will compile all the evaluation criterion and share with all concerned and submit to the City.

9. ADJOURNMENT

There being no further business, the meeting was adjourned at 1:05 p.m.

Respectfully submitted: Kjersten Welch, Recording Secretary

BOARD OF ADJUSTMENT ABBREVIATED MEETING MINUTES APRIL 24, 2018

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 Suzan Stewart, Chair Chris Madsen, Senior Planner Michelle Bostinelos, Vice Chair Brett Langley, Civil Engineer Joe Krage Jeff Hanson, CD Oper Manager Lee Beukelman Kelly Leigh, Admin. Secretary Jason Geary Justin Vondrak, Asst.City Attorney Jean Calligan Erin Berzina, Planner David Silverberg

Stewart called the meeting to order at 4:35 p.m., and read the opening statement explaining the procedure. She 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 notification list regarding the agenda items.

Agenda Item 2018-0027: Requested variance from 25.030.090.1 Residential Accessory Build- ings and Structures for the property located at 809 South Mulberry Street. (Petitioner: Craig Bolles)

Chris Madsen presented information on the item. He stated the petitioner is intending to construct a 576-square foot detached garage in the front yard of his property and requesting a variance from the code. Currently the code does not allow a detached garage to be located in the front yard between the front of the house and the front property line. He also stated the petitioner has 8,700 square feet of buildable area once you remove the unbuildable area on the site due to typography issues. He stated the petitioner does have the option to add onto the existing attached garage or build the garage in another area on the property without needing a variance.

Jean Calligan asked staff how far down the drop off is located on the back side of his property. Chris Madsen responded stating he did not officially measure the distance, but it is a significant drop off.

Craig Bolles, the petitioner, spoke on the item. He stated he would like to build a detached garage in the proposed location large enough to fit two larger vehicles. He stated the cost to add onto the existing attached garage would be far more expensive than building a new detached garage due to having to match the existing brick on the house and roof slopes.

a. Other items brought forward by the Board and / or staff.

b. Approval of February 13, 2018 minutes.

Calligan (Bostinelos) moved to approve the minutes. Motion Carried. 6-0- 1(Yes: Bostinelos, Stewart, Geary, Krage, Calligan, Beukelman / No: 0/ Ab- stain: Silverberg). Roll Call Vote

There being no further business, the meeting was adjourned at 4:50 pm.

Submitted by Kelly Leigh

______CHAIR PLANNING DIRECTOR

LIBRARY BOARD OF TRUSTEES Regular Meeting April 18, 2018

The regular meeting of the Board of Trustees of the Sioux City Public Library was held on Wednesday, April 18, 2018 in the Conference Room of The Aalfs Downtown Library.

MEMBERS PRESENT: David Halaas, Charles McKenny, Richard Moon, Janet Plathe, Hope Schaefer, Todd Stanley, Jane Vereen

STAFF PRESENT: Helen Rigdon, Angela Beeck

1. President Richard Moon called the meeting to order at 3:30 p.m.

2. Roll call was taken.

3. The agenda was approved.

4. Approve the Minutes – March 14, 2018 [Action Item]

Plathe moved approval of the minutes from March 14, 2018. Stanley seconded. Motion approved unanimously.

5. Director’s Report Rigdon traveled to Philadelphia in March for the Public Library Association Conference and shared her travel issues with the trustees. Rigdon attended the School of Library and Information Management (SLIM) advisory board meeting for Emporia State University in Sioux Falls on March 19. One Book One Siouxland events have been well attended. Rigdon shared that eBooks and eAudio checkouts had a record month in March. Sara Leiss, Operations Manager, completed the Public Library Association’s (PLA) Public Li- brary Data Service (PLDS) survey in March. A brochure which gives the highlights of the PLDS survey was included in each board packet for the trustees. The quarterly circulation, electronic use and service statistics reports were also distributed to the trustees. Rigdon stated overall checkouts for physical materials are down and electronic checkouts are up.

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

Halaas moved approval of claims as submitted. Plathe seconded. Motion approved unanimously.

B. 2017-2018 Monthly Budget Summary The trustees reviewed the report.

C. Restricted Funds Quarterly Summary Rigdon stated we give a summary report of our restricted accounts quarterly.

D. New Purchases [Action Item] Rigdon presented two new purchases for trustees’ approval (1) New Computers for Staff $10,000 was left in the Fiscal Year 2017 budget for the purchase of staff computers at the Aalfs Downtown Library. The computers that staff use currently have out of date software. With the Library Director Transition there was not enough time for bidding during the last fiscal year. The City Finance department agreed to add this amount to the current operating budget and did so this month. Woodbury County Information and Communication Commission (WCICC) will be ordering these computers and have acquired bids. The purchase would include six new computers with monitors, two for each service desk, a computer and monitor for both the Office/Facilities Su- pervisor and Administrative Secretary, 3 monitors to be used with existing laptops for 3 Librarian Specialist and one computer to be used with existing monitors for the Youth Services Manager.

Halaas moved approval of purchase and payment of new staff computers and monitors to be ordered by WCICC-IT for Library staff in the amount of $9,023.26 using funds that were brought forward from the Fiscal Year 2017 operating budget. Vereen seconded. Motion approved unanimously.

(2) EnvisionWare The Library Board approved a contract with EnvisionWare, an e-commerce software provider, at the March meeting. In working through the upcoming installation of hardware and software to enable the Library to better serve patrons with self-service printing, mobile printing and allowing payment by credit cards. EnvisionWare provided an additional quote for software and equipment to further enhance services to patrons at both the Aalfs Downtown and Morningside Branch Library. Stanley asked how much additional revenue is expected to offset these costs. Rigdon stated that this is un- known at this time but we will provide additional services such as mobile printing and give the option to pay by credit/debit cards. Vereen stated that cash is going away and thinks we need to move forward by taking credit card payments.

Schaefer moved to accept the quote of $14,366.48 which is in addition to $22,947.31 that was approved at the March meeting; this will be paid with Enrich Iowa funds and the remainder from the current operating budget. Plathe seconded. Motion approved, Halaas and Stanley voted nay.

7. Unfinished Business A. Morningside Branch Library Renovation Update Matt Bayse with FEH Design provided a first draft of the Morningside Branch Library Renovation. The trustees reviewed the draft and discussed possible changes. Moon would like the Board to meet with Bayse before plans are finalized.

8. New Business A. MOU with State Library of Iowa to Lease Office Space [Action Item] Rigdon recommends the Board approve the Memorandum of Understanding with the State Library for the lease of office space for the northwest District Office in the Aalfs Downtown Library. The state agreed to a 2.25% increase in the lease amount. The new lease amount of $379.35 will begin August 1, 2018 which is up from $371 per month currently, all inclusive.

Halaas moved to approve the MOU with the State Library of Iowa to lease office space at a monthly rent of $379.35 per month beginning August 1, 2018. Stanley seconded. Motion approved unanimously.

B. Revised Job Description [Action Item] When posting the Librarian Specialist – Database position it came to our attention that the qualifications for each of the four unique positions that come under the Librarian job title needed to be updated. The Librarian positions are: Librarian Specialist- Local History and Collection Development, Librarian Specialist –Readers Services, Librari- an Specialist – Electronic Services and Librarian Specialist – Database. Rigdon worked with the City Human Resources department to modify and update the qualifications to better reflect the skills and experience needed for these positions. Rigdon is asking the Board to approve these modifications so they can be presented to City Council.

Schaefer moved to approve the modifications made to the Librarian position job description. Vereen seconded. Motion approved unanimously.

C. Library Strategic Action Plan Rigdon presented this year’s action steps for the Strategic Plan. Rigdon and Library staff compiled action steps for each area of strategic emphasis. Most action steps have a target completion date while others will remain on-going. Rigdon stated this is a road map that helps keeps staff focused on our end goal. Rigdon will report on our progress at the February 2019 meeting.

D. At 4:32 p.m. Halaas moved to enter a closed session to discuss the professional competency of an individual whose performance is being considered, in order to prevent needless and irreparable injury to that individual’s reputation. The individual requests a closed session pursuant to Iowa Code Section 21.5 (1)(i). McKenny seconded. Halaas, McKenny, Moon, Plathe, Schaefer, Stanley and Vereen all voted aye. Motion carried.

At 4:43 p.m. Halaas moved to return to open session. Schaefer seconded. Halaas, McKenny, Moon, Plathe, Schaefer and Stanley all voted aye. Motion carried.

Plathe moved to move Rigdon to regular employment status after successfully completing her six month probationary period as Library Director. Schaefer seconded. Motion approved unanimously.

9. Trustee Concerns McKenny would like to bring to trustees’ attention a One Book One Siouxland event this Sunday, April 22 at 2 p.m. at Morningside College. The event is Women in Siouxland Shattering the Glass Ceiling. McKenny thinks this would be well worth their time. Rigdon stated she appreciates the Board for all their help the last 6 months, they’ve been great to work with and the Library is lucky to have them.

10. Next Meetings: A. Wednesday, May 16, 2018 3:30 p.m. B. Wednesday, June 20, 2018 3:30 p.m. C. Wednesday, July 18, 2018 3:30 p.m.

11. Moon adjourned the meeting at 4:58 p.m.

Bill McKenny, Secretary Angela Beeck, Assistant Secretary

SIOUX CITY PUBLIC MUSEUM BOARD OF TRUSTEES REGULAR MEETING April 20, 2018

A meeting of the Sioux City Public Museum Board of Trustees was held Friday, April 20, 2018 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 Ben Nesselhuf Deanna Mayo Janet Flanagan Greg Giles

CALLED TO ORDER: Chairperson Flanagan called the meeting to order at 12:00 p.m.

Welcome: Flanagan welcomed new board member Amy DeGroot-Hammer to the board.

Minutes: Giles made a motion to approve the minutes of February 16, 2018 as submitted. The motion was seconded by Colling and passed unanimously.

Financial Report: Hansen provided an over-view of the financial report. Colling made a motion to approve the financial report as presented. The motion was seconded by Giles and passed unanimously.

OLD BUSINESS:

School District Update: Hansen reported the school district is progressing with construction on the 2nd floor and stated it is quite loud at times. Hansen has attended a couple of meetings with the district and noted a few concerns pertaining to oversight on temperature controls and changes to how the Museum will be able to regulate set-backs, schedules, etc. The district project includes installing new windows on Nebraska Street as well as installing several new windows on 5th Street and in the skywalk. Contractors have installed chain link fencing around the Museum in various areas for this work. The district is also requesting changes in the Museum’s equipment room off from the loading dock. They would like to have the fire panel equipment separated from the Museum’s data equipment which is currently housed in the same room.

Museum Facilities: Hansen stated the Museum will be receiving bids to install cameras in the Museum’s 3rd floor storage area due to increased traffic in that area. Additional key fobs and security door contacts with be added in the Museum’s archive area as well

Exhibits and Events: Hansen distributed a copy of the Museum’s upcoming schedule which shows a sampling of daily activities held at the Museum. Last night the Police Town Hall Meet- ing was held in the temporary gallery with over 100 in attendance. The Museum’s History at High Noon held on April 19 was one of the better attended sessions. The next HHN will be held on May 17th with a presentation on Junior and Senior High Schools. The Museum has received a good response so far on summer camp registrations. This year the Museum distributed a copy of our summer programs flyer to all the local schools in addition to a small ad in the City’s Fun & Action Guide. Hansen reported staff has been involved in both the Courthouse Anniver- sary events and the Historic Preservation activities. Matt Anderson is currently installing the Al- fonso Iannelli / Prairie School Architecture exhibit which will be on display from April 21 to Au- gust 19. Hansen noted he continues to be in discussion with the collector from Denver regarding a potential Frank Howell exhibit at the Museum.

Board Member Openings: Hansen reported there are currently no applications on file for the Museum’s remaining board opening.

Sports Exhibit: Hansen reported a contract has been signed with Hilferty & Associates for the preliminary and final design phases of the new Siouxland Sports Exhibit and Sports Hall of Fame project. The bulk of the work will be done via teleconferencing between Museum staff and the Hilferty design team.

NEW BUSINESS:

Sioux City History Projects: Hansen reported the Sioux City History Project’s reception will be held on May 12, 2018 from 1:00-2:30 p.m. with the Awards Ceremony beginning at 2:30 p.m. Hansen requested volunteers for the event and asked that all board members vote for their top two projects for the Trustees Award.

Argosy Casino Settlement: Hansen reported the Sioux City Museum & Historical Association is one of the past MRHD recipients set to receive $10,000 from the settlement with the Argosy Casino.

ADJOURNMENT: There being no further business, Colling made a motion to adjourn the meeting at 12:58 p.m. The motion was seconded by Giles and passed unanimously.

Respectfully submitted,

Steve Hansen, Museum Director

CITY PLANNING AND ZONING COMMISSION ABBREVIATED MEETING MINUTES APRIL 24, 2018

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

MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Suzan Stewart, Chair Chris Madsen, Senior Planner Joe Krage Jeff Hanson, CD Operations Manager David Silverberg Erin Berzina, Planner Jason Geary Justin Vondrak, Assistant City Attorney Lee Beukelman Kelly Leigh, Administrative Secretary Jean Calligan Gordon Phair, City Engineer Michelle Bostinelos Brett Langley, Civil Engineer

Stewart called the meeting to order at 4:00 p.m., and read the opening statement explaining the procedures. She then introduced the Commission Members and City staff to the audience. The Commission was asked if any member would be abstaining on any agenda item.

Agenda Item 2018-0028: Requested rezoning of the property located at 4021 Indian Hills Drive from PI (Public Institutional) to NC.5 (Neighborhood Conservation). (Petitioner: Brad Cummings Construction LLC

Chris Madsen presented information on both Agenda Item 2018-0028 and 2018-0029. He stated the reason for the rezoning request is because the petitioner is proposing to construct 6 structures consisting of 12 townhomes on the property which is not allowed under the current PI (Public Institutional) zoning. The proposed NC.5 zoning would allow the use and would allow for a 10-foot rear yard setback, which the back 4 lots of the development would need. He stated the petitioner is proposing a 9-foot interior yard setback, therefore there would be 18 feet between each structure. He stated City Engineering did have a sanitary sewer concern with the location on the preliminary plat, and they would like to see the sanitary sewer relocated parallel to and under the street due to there not being enough room for it to located in the right-of-way because of other current utilities. He also mentioned that he had received one email from Central Baptist Church in favor of the development and two phone calls with concerns about traffic. He stated one of the two traffic concerns stated they would like to see the speed limit reduced on Indian Hills Drive due to the new development to control traffic, and the other caller stated they would like to see a stop sign installed at the intersection, to make it a four-way stop intersection. Last- ly, he stated staff recommends approval of both the rezoning and preliminary plat with the condition that the petitioner provide an updated preliminary plat with the sanitary sewer being located under the street.

Jason Geary asked the City Engineering staff why they would want the sanitary sewer located underneath the street instead of in the right-of-way and negotiating an easement, as the street location seems to be a more expensive maintenance when repairs are needed as they would have to tear up the street. Gordon Phair, City Engineer, responded stating when utilities are located in the right-of-way through an easement, they can cause multiple problems years down the road with people building on them, damaging the utilities with fencing, etc. which becomes a major maintenance issue. Gordon also stated in this particular case there is not enough room in the right of way for the sanitary sewer to be located due to existing utilities.

Suzan Stewart asked Gordon if they have thought about asking the private utility companies to move out of the right of way in order to locate the sanitary sewer in the right-of-way. Gordon responded stating he would assume they would charge the City quite a bit to do so.

Chris Madsen also stated the petitioner has contacted Central Baptist Church to try and negotiate an easement with them to locate the sanitary sewer on their property, however the Church was unwilling to allow an easement because it would bind future church boards.

Michelle Bostinelos asked staff if there will be sidewalks located on the development, and who pays for that cost. Chris Madsen responded stating there are sidewalks located on the west side of Indian Hills Drive currently, and once the properties are completed being built is when the sidewalks are required, so it could potentially be done in phases.

Dick Salem (700 Pierce St), one of the petitioners, spoke on the item. He stated originally the sanitary sewer was to be located in the right-of-way but will now have to be moved to under the street. He also stated these townhomes will be very similar to the Lakeport View and Fremar Drive townhomes that have been recently built. He stated it will be an attractive addition to the area.

Larry Axlund (2516 41st Street) had a few questions regarding the project. He asked how the slope would be from his property down to the back 4 lots of the development. Chris Madsen responded stating there will be grading work done, however there will still be a slope from his property down to the development. Larry also asked what size homes they will be. Dick Salem responded stating the townhomes will be in the $250,000 range and will be similar design to the Lakeport View townhomes recently built, with the average age of homebuyers 50 years and older.

Suzan asked if the Engineering Department had considered the traffic concerns raised by the two callers Chris had spoken with. Gordon Phair responded stating a traffic study will need to be done to address the speed limit concern, however they can look into if a stop sign would be necessary at the intersection, but he thought it was unlikely that traffic volumes would warrant it.

Geary (Bostinelos) moved to approve the rezoning. Motion Carried. 7-0-0 (Yes: Silverberg, Bos- tinelos, Stewart, Geary, Beukelman, Calligan, Krage/ No:0/ Yes: 0). Electronic Vote

Agenda Item 2018-0029: Requested preliminary plat approval for the property located at 4021 Indian Hills Drive. (Petitioner: Brad Cummings LLC)

Chris Madsen mentioned to incorporate the comments from Agenda Item 2018-0028 to this item as well.

Geary (Bostinelos) moved to approve the preliminary plat subject to the petitioner modifying the plat to show the sanitary sewer located under the street. Motion Carried. 7-0-0 (Yes: Silverberg, Bostinelos, Stewart, Geary, Beukelman, Calligan, Krage/ No:0/ Yes: 0). Electronic Vote

Other Business

a. Report by the Chair of the Planning and Zoning items at the City Council meeting. b. Other items brought forward by the Commission and / or staff. c. Approval of the minutes of the April 10, 2018 Planning and Zoning Commission minutes.

Silverberg (Bostinelos) moved to recommend to the City Council approval of the April 10, 2018 minutes. Motion Carried. 4-0-3 (Yes: Geary, Stewart, Silverberg, Krage/No: 0/ Abstain: Bostinelos, Beukelman, Calligan). Roll Call Vote

There being no further business, the meeting was adjourned at 4:35 p.m.

Submitted by Kelly Leigh

______CHAIR PLANNING DIRECTOR

SENIORS ADVISORY COMMITTEE MEETING MINUTES APRIL 24, 2018

Call to Order – A meeting of the Seniors Advisory Committee was called to order at 3:30 p.m. on Tuesday, April 24, 2018, at City Hall, 405 6th St. in the City Manager’s Conference Room, Room 209.

MEMBERS PRESENT MEMBERS ABSENT OTHERS PRESENT Jean Carlson Michelle Brady, Staff Cheryl Prather Taylor Goodvin, Taxpayers Neil Peck, Vice Chair Research Council Douglas Lehman Cheryl Hansen, Siouxland Ann Brodersen, Chair Center for Active Generations Daniel Burrows

Minutes March 27, 2018 – Cheryl Prather moved and Jean Carlson seconded a motion to approve the March 27, 2018 minutes with the correction that Neil Peck was absent. Motion was unanimously approved.

Taxpayers Research Council Presentation – Taylor Goodvin, Executive Director of the Taxpayers Research Council, gave the committee an update on two bills that had been introduced to the state legislators that could affect property taxes for the elderly. One bill targeted people 65 years and older or people 100% disabled, with household income under $30,000, so that their property taxes would not increase. He discussed how the rollback and backfill programs worked with property taxes against residential and commercial properties. The city’s tax increment financing and tax abatement/revitalization programs were discussed.

Property Tax Plans – There is a Senior and Disabled Citizens Iowa Property Tax Credit available now for people who are 65 and older or totally disabled, and meet annual household low income requirements. People apply with the county treasurer.

It was noted that the Effective Fiscal Policy Committee had made recommendations to the city council to explore the topic of property relief for the elderly. It was suggested that the Seniors Advisory Committee have discussions with Dan Moore and the city legal staff to see what options the city has to address this issue.

Senior Living Survey – The committee reviewed the draft and made changes. Michelle will update it and bring it back for to the committee.

Other Items / Information: May Meeting – The next regular meeting is scheduled for May 22, 2018. Cheryl Hansen with the Siouxland Center for Active Generations requested to be on the agenda next month. Further discussion on the survey will be included.

Adjournment – Dan Burrows moved and Neil Peck seconded a motion to adjourn at 5:00 pm. Motion was unanimously approved.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 17 FROM: Jeff Hanson, Community Development Operations Manager (CRM)

Hearing and Ordinance rezoning 1501 Floyd Boulevard from Zone Classifi- cation NC.4 (Neighborhood Conservation, 5,000 square feet per unit mini- SUBJECT: mum) to Zone Classification GC (General Commercial). (Petitioner: Dolf Ivener). The Planning and Zoning Commission recommends approval of this item. (File No. 2017-0020).

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 following findings.

Planning and Zoning Commission: Agenda Item 2018-0020: Requested rezoning of 1501 Floyd Boulevard from NC.4 to GC. (Pe- titioner: Dolf Ivener)

Chris Madsen presented information on the item. He stated the property the petitioner is looking to rezone is an approximate 3-acre tract of land located off of Floyd Boulevard. He stated the petitioner intends to use the property for mini storage, which would be allowed in GC (General Commercial). He also stated the site has 600 feet of frontage off of Floyd Boulevard and the petitioner intends to have access to the lot off of Floyd Boulevard. He stated staff recommends approval of the item.

Jason Geary stated he agrees with staff’s conclusion in the staff report that the only viable use for the site would be for a commercial use. He did state he is concerned about the curb cut being located off of Floyd Boulevard as he can see that becoming a traffic visibility concern. Chris Madsen responded stating the Commission is considering the rezoning of the property, and the item will still come through the DRC (Design Review Committee) at a later date and a definite site plan will be reviewed in detail at that time by City departments.

Suzan Stewart asked if the City Engineering Department would have the authority to approve the curb cut off of Floyd Boulevard, or if the Iowa Department of Transportation would have to approve. Chris Madsen responded stating the City Engineering Department would have the authority to approve.

Suzan Stewart asked if the petitioner would want to add more storage units to the north of the proposed building, would they be allowed to or would it have to come in front of the Commis- sion again. Chris Madsen responded stating he doesn’t think the typography of the site would allow the petitioner to fit many more units on the property.

Jason Geary asked if the GC (General Commercial) zoning would allow for apartments. Chris Madsen responded stating it would be considered a conditional use.

The petitioner, Dolf Ivener (3400 Talbot Road), spoke on the item stating the structures that can be built on the site are limited and thinks it will be a great use of the site. He also stated he is willing to work with City Engineering on where the curb cut needs to be located off of Floyd Boulevard.

Krage (Silverberg) moved to recommend to the City Council approval of the item. Motion Car- ried. 4-0-0 (Yes: Geary, Stewart, Silverberg, Krage/No: 0/ Abstain:0).

Findings of Fact: 1) The property has frontage on Floyd Boulevard. 2) Topography on the site blocks the view to surrounding residential property. 3) The applicant’s proposal conforms to the minimum Municipal Code requirements.

Recommended Conditions of Approval: 1) None.

DISCUSSION: See Analysis

FINANCIAL IMPACT: N/A

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

ALTERNATIVES: None.

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

BACKGROUND REPORT: The City has received a request from Dolf Ivener, petitioner, to rezone a 2.96-acre tract of land located at 1501 Floyd Boulevard. The proposal will allow for development of the property. A general area map is enclosed for your review.

ANALYSIS: As stated, the petitioner is requesting rezoning of 1501 Floyd Boulevard from NC.4 to GC. The petitioner would like to construct a self-storage unit on the property. The property is surrounded on three sides by residential property, however sits about twelve (12) feet lower than the houses. The property has approximately 644 feet of frontage on Floyd Boulevard, and access to the site would be from Floyd Boulevard. The petitioner has provided a draft site plan to show generally the layout of the site. The site plan can be found in Attachment D.

The future land use map of the 2005 Comprehensive Plan shows this area as Urban Residen- tial. There are a number of land uses along Floyd Boulevard locating in Urban Residential that are zoned and used for nonresidential purposes, including; Vis-Vita Warehousing, Doxx and Firehouse bars and Allied Tire Co. Staff believes that the use of the property as nonresidential fits the site given the access to Floyd Boulevard and the grade change from the surrounding residential uses to this site.

City Staff recommends approval of the rezoning request. As of the writing of this report, only one phone response has been received in favor of the rezoning request, and given the unique characteristics of the site, Staff believes that commercial uses best fit this site. Self storage would still require a conditional use permit, and the below standards would have to be met.

Sec. 25.02.190 Agricultural, Industrial, Utility, and Communication Use Standards 12. Self-Storage Facilities are allowed if it is demonstrated that: a. Alternative No. 1: 1. They are located such that a building that is used for commercial retail use screens the use from arterial streets and highways; 2. The parcel proposed for development does not exceed five acres in area; 3. The operator/owner ensures that the following requirements are met, and provides notice to tenants or purchasers of the following requirements: A. Climate controlled self-storage facilities are permitted; B. The self-storage facility shall be secured so that access is limited to tenants (or owners) and fire, police, or emergency service officials; C. No self-storage unit shall be used for the storage of explosives, ammunition, hazardous, or flammable materials; D. No outdoor storage is permitted on the site of the self-storage facility, except that vehicles (including passenger vehicles, light trucks, boats, and recreational vehicles) may be stored if the vehi- cle storage area is screened from abutting property and rights-of- way by storage building walls and/or a Type C bufferyard that includes a wall or fence that complies with Subsec- tion 25.03.090.3, Fences and Walls; E. If the facility abuts a residential district, it shall be closed and secured between the hours of 9:00 p.m.and 7:00 a.m.; and F. Self-storage units shall be used solely for the purpose of storage of goods and possessions and shall not be used for conducting or operating a business, hobby, band rehearsal, or any type of activity not related to the storage of personal property of the owner or tenant of the unit. However, a garage sale of goods located within a self-storage unit is allowed upon the termination of the rental contract for that unit. 4. The facility provides pedestrian pathways and entries, which are shown on the site plan at the time of application;

5. The facilities are surrounded by a Type B bufferyard. The rear building walls of perimeter buildings may be counted towards the structure requirement if they do not include doors or windows. Those portions of self- storage facilities that face service areas at the rear of abutting nonresidential uses are not subject to the bufferyard requirement; 6. The use is screened from view from street right-of-way by a commercial retail use or, in the BP or GI Districts, an industrial use; 7. Chain-link fencing, if used, is not visible from any property line; 8. The use is buffered from an abutting residential district or use by a bufferyard that includes a wall or fence that complies with Subsec- tion 25.03.090.3, Fences and Walls, which may include the back of a self- storage building, provided that it is finished with masonry; and 9. Access to the use is provided across the commercial retail site or, in the BP or GI Districts, industrial site; b. Alternative No. 2: 1. The use is buffered from street rights-of-way by a Type C bufferyard that includes a masonry wall; 2. The use is buffered from an abutting residential district or use by a bufferyard that includes a wall or fence that complies with Subsec- tion 25.03.090.3, Fences and Walls; 3. Building facades that are visible from street right-of-way are finished with brick, thin brick, stone, or stucco-finished concrete block; 4. Units are arranged so that bay doors are not visible from abutting street rights-of-way or a residential district or use, except at points of ingress and egress; and 5. Chain-link fencing, if used, is not visible from any property line c. Alternative No. 3: 1. The use is designed to resemble an office building in terms of architecture, fenestration, building access and materials; and 2. All units are accessed from inside of the building. d. Alternative No. 4: 1. The use is integrated into a commercial or mixed-use building; 2. All units are accessed from inside of the building; and 3. Units are not located on the ground floor of the building.

Table 25.02.190 Alternative Designs For Self-Storage Districts Alternative GC MU BP GI No. 1 Allowed Not Allowed Not Allowed Allowed No. 2 Allowed Not Allowed Not Allowed Allowed No. 3 Allowed Allowed Allowed Allowed No. 4 Allowed Allowed Allowed Allowed

EXISTING ZONING AND LAND USE: NC.4 ; Vacant

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

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

SURROUNDING ZONING AND LAND USE: North: NC.4 ; Single Family Residential South: NC.4 ; Single Family Residential East: GI ; Union Pacific Railroad West: NC.4 ; Single Family Residential

DEPARTMENT COMMENTS No comments.

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

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

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

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

CITIZEN RESPONSE: Sixty-two (62) notices were sent within the required timeframe. One phone response was received in favor of the rezoning

ATTACHMENT A

ORDINANCE NO. 2018 - ______

ORDINANCE REZONING 1501 FLOYD BOULEVARD FROM ZONE CLASSIFI- CATION NC.4 (NEIGHBORHOOD CONSERVATION, 5,000 SQUARE FEET PER UNIT MINIMUM) TO ZONE CLASSIFICATION GC (GENERAL COMMER- CIAL)

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 25.02.030.1330 of said Ordinance No. 2015-0215 as amended:

25.02.030.1330: The following described real property shall be changed FROM Zone Classifica- tion NC.4 (Neighborhood Conservation, 5,000 square feet per unit minimum) TO Zone Classifi- cation GC (General Commercial):

That part of the unplatted portion of Lot Eleven (11) in the Plat of Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section Twenty-one (21), Township Eighty-nine (89), North, Range Forty-seven (47) West of the Fifth Prin- cipal Meridian, marked "Glen Cove" on the recorded plat of Galbraith's Addition to Sioux City, lying Westerly of the following described line: Beginning at the Northeast corner of Lot Thirty (30) in said Galbraith's Addition; thence South Nineteen degrees Eight minutes (19°08') East for a distance of One hundred thirty-three and three-tenths feet (133.3'); thence South Thirty-one degrees Nine minutes (31°09') East for a distance of One hundred sixty-four and zero-tenths feet (164.0') to the most Northerly corner of Lot Two (2) in said Galbraith's Addi- tion, and there terminating; excepting therefrom a tract Twenty-six feet (26') North and South by fifty feet (50') East and West, adjacent to the North line of Lot Eight (8), Galbraith's Addition and excepting a tract Fifty feet (50') East and West, lying West of Lot Twenty-eight (28) and West of the West line of Lot Twenty-eight (28) extended South to the North line of Lot Ten (10) in said Galbraith's Addition; and that vacated part of Floyd Boulevard in Tax Lot Eleven (11) of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section Twenty-one (21), Township Eighty-nine (89), Range Forty-seven (47), Woodbury County, Iowa, described as follows: Beginning at the Northeast corner of Lot Three (3) of Gal- braith's Addition to Sioux City, Woodbury County, Iowa; thence North Thirty-one degrees Nine minutes (31°09') West for One hundred sixty-four feet (164'); thence North Nineteen degrees Eight minutes (19°08') West for One hundred thirty-three and three-tenths feet (133.3') to the Northeast corner of Lot Thirty (30) in said Galbraith's Addition; thence North One hundred ninety feet (190') to the Northeast corner of Lot Twenty-seven (27) of said Galbraith's Addition; thence East on the South line of Oak Street (extended) a distance of One hundred thirteen feet (113') more or less to a point Fifty feet (50'), measured at right angles, West of the centerline of the existing paving on Floyd Boulevard in Sioux City, Iowa; thence Southerly along a straight line Four hundred fifty-six feet (456') more or less to the point of beginning; and All that vacated part of Floyd Boule- vard in the East half (E1/2) of the Southeast Quarter (SE1/4) of Section Twenty- one (21), Township Eighty-nine (89), North, Range Forty-seven (47), West of the

Fifth Principal Meridian, bounded and described as follows: Beginning at the Northeast corner of Lot Twenty-seven (27) Galbraith's Addition to Sioux City, Io- wa; thence Northeasterly across Oak Street to the Southeasterly corner of Lot Fifteen (15), Block One (1), Chase and Taylor's Addition to Sioux City, Iowa; thence Northerly along the Easterly line of said Lot Fifteen (15) and said line extended across the alley in said Block One (1) Chase and Taylor's Addition, a total of One hundred forty-seven and five-tenths feet (147.5'); thence East along the extension of the North alley line One hundred twenty feet (120') more or less to a point on a line parallel to and Fifty feet (50') distant Westerly from the centerline of the existing Floyd Boulevard paving; thence Southerly along a line Fifty feet (50') Westerly of and parallel to the centerline of the existing Floyd Boulevard paving to the intersection with the South line of Oak Street extended East thence West along the extended South line of Oak Street One hundred thirteen feet (113') more or less to the point of beginning and extending to the center line of abutting right-of-way.

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

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

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

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: May 7, 2018

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. 2018-______adopted by the City Council of Sioux City on ______, 2018. Signed this ______day of ______, 2018.

Lisa L. McCardle, City Clerk

I hereby certify that a summary of the foregoing was published in the Sioux City Journal on May 12, 2018

Lisa L. McCardle, City Clerk

U:\City Legal\Secure\P & Z Ordinances\PZ 2018-0020.Docx

ORDINANCE REZONING 1501 FLOYD BOULEVARD FROM ZONE CLASSIFI- CATION NC.4 (NEIGHBORHOOD CONSERVATION, 5,000 SQUARE FEET PER UNIT MINIMUM) TO ZONE CLASSIFICATION GC (GENERAL COMMER- CIAL)

This is a summary of Ordinance Number 2018-______passed by the Sioux City City Coun- cil on ______, 2018 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 NC.4 (Neighborhood Conservation, 5,000 square feet per unit minimum) TO Zone Classification GC (General Com- mercial):

That part of the unplatted portion of Lot Eleven (11) in the Plat of Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section Twenty-one (21), Township Eighty-nine (89), North, Range Forty-seven (47) West of the Fifth Principal Meridian, marked "Glen Cove" on the recorded plat of Galbraith's Addition to Sioux City, lying Westerly of the following described line: Beginning at the Northeast corner of Lot Thirty (30) in said Galbraith's Addition; thence South Nineteen degrees Eight minutes (19°08') East for a distance of One hundred thirty-three and three-tenths feet (133.3'); thence South Thirty-one degrees Nine minutes (31°09') East for a distance of One hundred sixty-four and zero-tenths feet (164.0') to the most Northerly corner of Lot Two (2) in said Galbraith's Addition, and there terminating; excepting therefrom a tract Twenty-six feet (26') North and South by fifty feet (50') East and West, adjacent to the North line of Lot Eight (8), Galbraith's Addition and excepting a tract Fifty feet (50') East and West, lying West of Lot Twenty-eight (28) and West of the West line of Lot Twenty-eight (28) extended South to the North line of Lot Ten (10) in said Galbraith's Addition; and that vacated part of Floyd Boulevard in Tax Lot Eleven (11) of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section Twenty-one (21), Township Eighty-nine (89), Range Forty-seven (47), Woodbury County, Iowa, described as follows: Beginning at the Northeast corner of Lot Three (3) of Galbraith's Addition to Sioux City, Woodbury County, Iowa; thence North Thirty-one degrees Nine minutes (31°09') West for One hundred sixty-four feet (164'); thence North Nineteen degrees Eight minutes (19°08') West for One hundred thirty-three and three-tenths feet (133.3') to the Northeast corner of Lot Thirty (30) in said Galbraith's Addition; thence North One hundred ninety feet (190') to the Northeast corner of Lot Twenty-seven (27) of said Galbraith's Addition; thence East on the South line of Oak Street (extended) a distance of One hundred thirteen feet (113') more or less to a point Fifty feet (50'), measured at right angles, West of the centerline of the existing paving on Floyd Boulevard in Sioux City, Iowa; thence Southerly along a straight line Four hundred fifty-six feet (456') more or less to the point of beginning; and All that vacated part of Floyd Boulevard in the East half (E1/2) of the Southeast Quarter (SE1/4) of Section Twenty-one (21), Township Eighty-nine (89), North, Range Forty- seven (47), West of the Fifth Principal Meridian, bounded and described as follows: Beginning at the Northeast corner of Lot Twenty-seven (27) Gal- braith's Addition to Sioux City, Iowa; thence Northeasterly across Oak Street to the Southeasterly corner of Lot Fifteen (15), Block One (1), Chase and Tay- lor's Addition to Sioux City, Iowa; thence Northerly along the Easterly line of said Lot Fifteen (15) and said line extended across the alley in said Block One (1) Chase and Taylor's Addition, a total of One hundred forty-seven and five-

tenths feet (147.5'); thence East along the extension of the North alley line One hundred twenty feet (120') more or less to a point on a line parallel to and Fifty feet (50') distant Westerly from the centerline of the existing Floyd Boule- vard paving; thence Southerly along a line Fifty feet (50') Westerly of and parallel to the centerline of the existing Floyd Boulevard paving to the intersection with the South line of Oak Street extended East thence West along the extended South line of Oak Street One hundred thirteen feet (113') more or less to the point of beginning and extending to the center line of abutting right-of- way.

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal ______, 2018.

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO SIOUX CITY ZONING AND SIGN ORDINANCE

Notice is hereby given that at 4:00 P.M., Local Time, or as soon thereafter as the matter may be considered on May 7, 2018, 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:

That part of the unplatted portion of Lot Eleven (11) in the Plat of Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section Twenty-one (21), Township Eighty-nine (89), North, Range Forty-seven (47) West of the Fifth Principal Meridian, marked "Glen Cove" on the recorded plat of Galbraith's Addition to Sioux City, lying Westerly of the following described line: Beginning at the Northeast corner of Lot Thirty (30) in said Galbraith's Addition; thence South Nineteen degrees Eight minutes (19°08') East for a distance of One hundred thirty-three and three-tenths feet (133.3'); thence South Thirty-one degrees Nine minutes (31°09') East for a distance of One hundred sixty-four and zero-tenths feet (164.0') to the most Northerly corner of Lot Two (2) in said Galbraith's Addition, and there terminating; excepting therefrom a tract Twenty-six feet (26') North and South by fifty feet (50') East and West, adjacent to the North line of Lot Eight (8), Galbraith's Addition and excepting a tract Fifty feet (50') East and West, lying West of Lot Twenty-eight (28) and West of the West line of Lot Twenty-eight (28) extended South to the North line of Lot Ten (10) in said Galbraith's Addition; and that vacated part of Floyd Boulevard in Tax Lot Eleven (11) of the Southeast Quarter (SE1/4) of the Southeast Quarter (SE1/4) of Section Twenty-one (21), Township Eighty-nine (89), Range Forty-seven (47), Woodbury County, Iowa, described as follows: Beginning at the Northeast corner of Lot Three (3) of Galbraith's Addition to Sioux City, Woodbury County, Iowa; thence North Thirty-one degrees Nine minutes (31°09') West for One hundred sixty-four feet (164'); thence North Nineteen degrees Eight minutes (19°08') West for One hundred thirty-three and three-tenths feet (133.3') to the Northeast corner of Lot Thirty (30) in said Galbraith's Addition; thence North One hundred ninety feet (190') to the Northeast corner of Lot Twenty-seven (27) of said Galbraith's Addition; thence East on the South line of Oak Street (extended) a distance of One hundred thirteen feet (113') more or less to a point Fifty feet (50'), measured at right angles, West of the centerline of the existing paving on Floyd Boulevard in Sioux City, Iowa; thence Southerly along a straight line Four hundred fifty-six feet (456') more or less to the point of beginning; and All that vacated part of Floyd Boulevard in the East half (E1/2) of the Southeast Quarter (SE1/4) of Section Twenty-one (21), Township Eighty-nine (89), North, Range Forty- seven (47), West of the Fifth Principal Meridian, bounded and described as follows: Beginning at the Northeast corner of Lot Twenty-seven (27) Gal- braith's Addition to Sioux City, Iowa; thence Northeasterly across Oak Street to the Southeasterly corner of Lot Fifteen (15), Block One (1), Chase and Tay- lor's Addition to Sioux City, Iowa; thence Northerly along the Easterly line of said Lot Fifteen (15) and said line extended across the alley in said Block One

(1) Chase and Taylor's Addition, a total of One hundred forty-seven and five- tenths feet (147.5'); thence East along the extension of the North alley line One hundred twenty feet (120') more or less to a point on a line parallel to and Fifty feet (50') distant Westerly from the centerline of the existing Floyd Boule- vard paving; thence Southerly along a line Fifty feet (50') Westerly of and parallel to the centerline of the existing Floyd Boulevard paving to the intersection with the South line of Oak Street extended East thence West along the extended South line of Oak Street One hundred thirteen feet (113') more or less to the point of beginning and extending to the center line of abutting right-of- way.

(1501 Floyd Boulevard) (2018-0020)

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

CITY OF SIOUX CITY, IOWA

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal April 30, 2018.

ATTACHMENT B

GENERAL AREA MAP

ATTACHMENT C

NOTIFICATION MAP

ATTACHMENT D

View Looking Southwest from Floyd Boulevard

View Looking North on the Site SITE PHOTOS

ATTACHMENT E

DRAFT SITE PLAN

ATTACHMENT F

APPLICATION

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 18 FROM: Jeff Hanson, Community Development Operations Manager (EJB)

Hearing and Ordinance rezoning 3500 1/2 Hale Street from zone classification AG (Agriculture, 20 acres per unit minimum) to zone classification RR SUBJECT: (2 acres per unit minimum). (Petitioner: David Berger). The Planning and Zoning Commission recommends approval of this item. (File No. 2018- 0021).

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

RECOMMENDATION: Staff respectfully requests City Council approve the requested rezoning, based on the following findings.

Planning and Zoning Commission:

Agenda Item 2018-0021: Requested rezoning of 3500 ½ Hale Street from AG to RR. (Peti- tioner: Berger Land LLC)

Erin Berzina presented information on the item. She stated the petitioner intends to split the 20.12-acre parcel into a 13.44-acre parcel for a single-family home to be located on and an additional 6.68-acre parcel. The split would create two parcels that are less than the AG (Agri- culture) zoning minimum requirement, therefore prompting the rezoning request to RR (Rural Residential). She stated she did speak both in person and on the phone to the property owner located at 4001 Prairie Vista Drive who had numerous questions about a private access road, etc. but after talking with Erin the owner felt satisfied with the information provided. She stated staff recommends approval with the condition that an access easement through Hale Street be recorded at the County Recorder’s office, as indicated by the plats of survey included in the application for rezoning.

Suzan Stewart asked if there was a private access easement in place. Erin responded stating the petitioner stated there is one in place, however she has not physically seen the easement.

Joe Krage asked if the current home located on Hale Street uses the access road in question. Erin stated the homeowners use that road for access to their property.

Jason Geary asked if staff verifies that easements are in place at the time the petitioner turns in an application. Erin Berzina stated staff typically asks the petitioners for a copy of the easement, however ultimately that is the owner’s responsibility and is a private matter.

Krage (Silverberg) moved to recommend to the City Council approval of the item. Motion Car- ried. 4-0-0 (Yes: Geary, Stewart, Silverberg, Krage/No: 0/ Abstain:0). Electronic Vote

Findings of Fact: 1) The applicant’s proposal conforms to the future land use map and development areas map in the Comprehensive Plan. 2) No opposing responses have been received to the notification. One adjacent neighbor posed questions on site access and potential development impacts, and was satisfied with information provided by city staff. 3) The applicant’s proposal conforms to the minimum Municipal Code requirements.

Recommended Conditions of Approval: None

DISCUSSION: See Analysis

FINANCIAL IMPACT: N/A

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

ALTERNATIVES: None.

ATTACHMENTS: Attachment A: Ordinance Attachment B: General Area Map Attachment C: Notification Map Attachment D: Site Photo Attachment E: Plat of Survey (Parcel E and Parcel F) Attachment F: Application

BACKGROUND REPORT: The petitioner, David Berger, requests to rezone a parcel of land located at 3500 ½ Hale Street from AG (Agricultural) to RR (Rural Residential). The total acreage of the current parcel is 20.12 acres. The proposed change in zoning classification will allow for a planned single-family home to be constructed on a portion of the subject property. The subject property will be divided into two separate parcels of 13.44 acres (Parcel F) and 6.68 acres (Parcel E), respectively. The subject property division is shown in the attached Plats of Survey. Because the newly created parcels will each be less than 20 acres, which is the minimum required area for an AG zoned property, they both must be rezoned. A general area map is enclosed for your review.

ANALYSIS: As stated, the petitioner is requesting to rezone a parcel of land located at 3500 ½ Hale Street from AG (Agricultural) to RR (Rural Residential).

City Staff believes that the future land use map designation of Suburban Residential calls for primarily single family uses at this location. In areas of suburban residential development where sensitive land forms or environmental constraints exist, cluster developments are encouraged. The Development Zone Map of the Comprehensive Plan indicates that this area is in a rural growth area. The Comprehensive Plan states:

Encourage growth and infill that respects the urban, suburban, and rural development patterns as proposed in the Development Zone Map in Chapter II.

Staff believes that rezoning for the existing residential use is consistent with the Comprehensive Plan and the proposal will not have a direct impact on the surrounding residences or properties. Proper access easements to Hale Street are indicated on the plats of survey to be recorded with this property. Sole access to the subject property area is through a private access easement with property located at 4001 Prairie Vista Drive.

EXISTING ZONING AND LAND USE: AG ; Undeveloped land

EXISTING ZONING REQUIREMENTS: The AG district is meant for the preservation and continuation of agricultural use of land around the periphery and on the fringes of the City limits where infrastructure is not available and urban development is premature or inappropriate.

PROPOSED ZONING REQUIREMENTS: The RR district developed as the Ranchette type is meant for the subdivision of small acreages that have a high percentage of open space to maintain rural character. This neighborhood type allows subdivision with on-site utilities.

SURROUNDING ZONING AND LAND USE: North: RR ; Single Family Residential / Acreage, AG ; Undeveloped / DNR-owned South: AG ; Single Family Residential / Acreage East: AG ; Undeveloped / DNR-owned West: AG ; Single Family Residential / Acreage

DEPARTMENT COMMENTS No comments were received.

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

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

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

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

CITIZEN RESPONSE: Four notices were sent to properties within 200 feet of the subject property within the required timeframe. One phone and in-person response from an adjacent property owner at 4001 Prairie Vista Drive was received, with questions on access to the property and potential development impact.

ATTACHMENT A

ORDINANCE NO. 2018 - ______

ORDINANCE REZONING 3500½ HALE STREET FROM ZONE CLASSIFICA- TION AG (AGRICULTURE, 20 ACRES PER UNIT MINIMUM) TO ZONE CLAS- SIFICATION RR (RURAL RESIDENTIAL, 2 ACRES PER UNIT MINIMUM)

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

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

25.02.030.1331: The following described real property shall be changed FROM Zone Classifica- tion AG (Agriculture, 20 acres per unit minimum) TO Zone Classification RR (Rural Residential, 2 acres per unit minimum):

PART OF THE N.W.1/4 OF SECTION 13, TOWNSHIP 89 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, SIOUX CITY, WOODBURY COUN- TY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE N.E. COR- NER OF SAID N.W.1/4; THENCE S.1°23’13”W. ALONG THE EAST LINE OF SAID N.W.1/4 FOR 985.10 FEET TO THE NORTH LINE OF THE S.1/4 OF THE N.1/2 OF SAID N.W.1/4; THENCE S.89°48’54”W. ALONG SAID NORTH LINE FOR 1000.38 FEET TO THE WEST LINE OF THE EAST 1000 FEET OF SAID N.W.1/4 AND THE N.E. CORNER OF A 3.82 ACRE PARCEL DESCRIBED ON A PLAT OF SURVEY RECORDED ON ROLL 751, IMAGE 5121 IN THE WOODBURY COUNTY RECORDER’S OFFICE; THENCE CONTINUING S.89°48’54”W. ALONG SAID NORTH LINE AND THE NORTH LINE OF SAID PARCEL FOR 550.61 FEET TO THE N.W. CORNER OF SAID PARCEL AND THE POINT OF BEGINNING; THENCE S.1°23’13”W. ALONG THE WEST LINE OF SAID PARCEL FOR 76.16 FEET TO THE NORTHERLY MOST CORNER OF A 6.68 ACRE PARCEL DESCRIBED ON A PLAT OF SURVEY RECORDED ON ROLL 757, IMAGE 9675 IN THE WOODBURY COUNTY RECORDER’S OFFICE; THENCE S.77°25’46”W. ALONG THE WESTERLY LINE OF SAID PARCEL FOR 126.82 FEET; THENCE S.60°08’31”W. ALONG SAID WESTER- LY LINE FOR 44.66 FEET; THENCE S.35°11’13”W. ALONG SAID WESTERLY LINE FOR 29.98 FEET; THENCE S.6°13’23”W. ALONG SAID WESTERLY LINE FOR 33.42 FEET; THENCE S.22°06’24”E. ALONG SAID WESTERLY LINE FOR 185.36 FEET; THENCE S.46°22’06”E. ALONG SAID WESTERLY LINE FOR 352.98 FEET; THENCE S.40°41’28”E. ALONG SAID WESTERLY LINE FOR 219.84 FEET; THENCE S.26°44’35”E. ALONG SAID WESTERLY LINE FOR 115.73 FEET; THENCE S.39°06’47”E. ALONG SAID WESTERLY LINE FOR 147.07 FEET TO THE SOUTH LINE OF THE N.1/2 OF THE S.1/2 OF SAID N.W.1/4; THENCE S.89°49’34”W. ALONG SAID SOUTH LINE FOR 956.48 FEET TO THE WEST LINE OF THE E.4/5 OF SAID N.W.1/4; THENCE N.0°52’59”E. ALONG SAID WEST LINE FOR 984.51 FEET TO SAID NORTH LINE OF THE S.1/4 OF THE N.1/2 OF THE N.W.1/4; THENCE N.89°48’54”E. ALONG SAID NORTH LINE FOR 513.14 FEET TO THE POINT OF BEGIN- NING. CONTAINING 13.44 ACRES. SUBJECT TO AND TOGETHER WITH A 25 FOOT WIDE INGRESS/EGRESS EASEMENT, THE CENTERLINE BEING

DESCRIBED AS FOLLOWS: COMMENCING AT THE N.E. CORNER OF THE BEFORE DESCRIBED 13.44 ACRE PARCEL; THENCE S.1°23’13”W. ALONG THE EAST LINE OF SAID PARCEL FOR 76.16 FEET TO THE CENTERLINE AND POINT OF BEGINNING OF SAID EASEMENT; THENCE S.77°25’46”W. ALONG SAID CENTERLINE FOR 126.82 FEET; THENCE S.60°08’31”W. ALONG SAID CENTERLINE FOR 44.66 FEET; THENCE S.35°11’13”W. ALONG SAID CENTERLINE FOR 29.98 FEET; THENCE S.6°13’23”W. ALONG SAID CENTERLINE FOR 33.42 FEET; THENCE S.22°06’24”E. ALONG SAID CEN- TERLINE FOR 185.36 FEET; THENCE S.46°22’06”E. ALONG SAID CENTER- LINE FOR 352.98 FEET; THENCE S.40°41’28”E. ALONG SAID CENTERLINE FOR 219.84 FEET; THENCE S.26°44’35”E. ALONG SAID CENTERLINE FOR 115.73 FEET; THENCE S.39°06’47”E. ALONG SAID CENTERLINE FOR 147.07 FEET TO THE SOUTH LINE OF THE N.1/2 OF THE S.1/2 OF SAID N.W.1/4 AND THE END OF SAID EASEMENT DESCRIPTION. THE SIDELINES OF SAID EASEMENT BEING SHORTENED OR ELONGATED TO MEET THE EAST LINE OF THE BEFORE DESCRIBED 13.44 ACRE PARCEL AND SAID EAST LINE EXTENDED SOUTH, AND THE SOUTH LINE OF SAID N.1/2 OF THE S.1/2 OF THE N.W.1/4. ALL BEING SUBJECT TO AND TOGETHER WITH ANY AND ALL EASEMENTS, RESTRICTIONS AND COVENANTS.

NOTE: THE EAST LINE OF SAID N.W.1/4 IS ASSUMED TO BEAR S.1°23’13”W.

AND

PART OF THE N.W.1/4 OF SECTION 13, TOWNSHIP 89 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, SIOUX CITY, WOODBURY COUN- TY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE N.E. COR- NER OF SAID N.W.1/4; THENCE S.1°23’13”W. ALONG THE EAST LINE OF SAID N.W.1/4 FOR 985.10 FEET TO THE NORTH LINE OF THE S.1/4 OF THE N.1/2 OF SAID N.W.1/4; THENCE S.89°48’54”W. ALONG SAID NORTH LINE FOR 1000.38 FEET TO THE WEST LINE OF THE EAST 1000 FEET OF SAID N.W.1/4 AND THE N.E. CORNER OF A 3.82 ACRE PARCEL DESCRIBED ON A PLAT OF SURVEY RECORDED ON ROLL 751, IMAGE 5121 IN THE WOODBURY COUNTY RECORDER’S OFFICE; THENCE S.1°23’13”W. ALONG SAID WEST LINE AND THE EAST LINE OF SAID PARCEL FOR 502.02 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL AND THE POINT OF BEGINNING; THENCE N.56°39’35”W. ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL FOR 192.71 FEET; THENCE N.36°55’27’W. ALONG SAID SOUTHWESTERLY LINE FOR 135.52 FEET; THENCE N.53°54’25”W. ALONG SAID SOUTHWESTERLY LINE FOR 79.10 FEET; THENCE N.70°28’01”W. ALONG SAID SOUTHWESTERLY LINE FOR 178.68 FEET; THENCE N.76°47’26”W. ALONG SAID SOUTHWESTERLY LINE FOR 69.54 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL; THENCE N.1°23’13”E. ALONG THE WEST LINE OF SAID PARCEL FOR 87.50 FEET; THENCE S.77°25’46”W. FOR 126.82 FEET; THENCE S.60°08’31”W. FOR 44.66 FEET; THENCE S.35°11’13”W. FOR 29.98 FEET; THENCE S.6°13’23”W. FOR 33.42 FEET; THENCE S.22°06’24”E. FOR 185.36 FEET; THENCE S.46°22’06”E. FOR 352.98 FEET; THENCE S.40°41’28”E. FOR 219.84 FEET; THENCE S.26°44’35”E. FOR 115.73 FEET; THENCE S.39°06’47”E. FOR 147.07 FEET TO THE SOUTH LINE OF THE N.1/2 OF THE S.1/2 OF SAID N.W.1/4; THENCE N.89°49’34”E. ALONG SAID SOUTH LINE FOR 98.59 FEET TO THE WEST LINE OF SAID EAST 1000 FEET OF THE N.W.1/4; THENCE N.1°23’13”E.

ALONG SAID WEST LINE FOR 482.89 FEET TO THE POINT OF BEGINNING. CONTAINING 6.68 ACRES. SUBJECT TO AND TOGETHER WITH ALL IN- GRESS/EGRESS EASEMENTS DESCRIBED ON A PLAT OF SURVEY REC- ORDED ON ROLL 751, IMAGE 5121 IN THE WOODBURY COUNTY RE- CORDER’S OFFICE. SUBJECT TO AND TOGETHER WITH ANY AND ALL OTHER EASEMENTS, RESTRICTIONS AND COVENANTS.

NOTE: THE EAST LINE OF SAID N.W.1/4 IS ASSUMED TO BEAR S.1°23’13”W,

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

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: May 7, 2018

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. 2018-______adopted by the City Council of Sioux City on ______, 2018. Signed this ______day of ______, 2018.

Lisa L. McCardle, City Clerk

I hereby certify that a summary of the foregoing was published in the Sioux City Journal on May 12, 2018

Lisa L. McCardle, City Clerk

ORDINANCE REZONING 3500½ HALE STREET FROM ZONE CLASSIFICA- TION AG (AGRICULTURE, 20 ACRES PER UNIT MINIMUM) TO ZONE CLAS- SIFICATION RR (RURAL RESIDENTIAL, 2 ACRES PER UNIT MINIMUM)

This is a summary of Ordinance Number 2018-______passed by the Sioux City City Coun- cil on ______, 2018 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 AG (Agriculture, 20 acres per unit minimum) to Zone Classification RR (Rural Residential, 2 acres per unit minimum):

CENTERLINE FOR 33.42 FEET; THENCE S.22°06’24”E. ALONG SAID CEN- TERLINE FOR 185.36 FEET; THENCE S.46°22’06”E. ALONG SAID CENTER- LINE FOR 352.98 FEET; THENCE S.40°41’28”E. ALONG SAID CENTERLINE FOR 219.84 FEET; THENCE S.26°44’35”E. ALONG SAID CENTERLINE FOR 115.73 FEET; THENCE S.39°06’47”E. ALONG SAID CENTERLINE FOR 147.07 FEET TO THE SOUTH LINE OF THE N.1/2 OF THE S.1/2 OF SAID N.W.1/4 AND THE END OF SAID EASEMENT DESCRIPTION. THE SIDELINES OF SAID EASEMENT BEING SHORTENED OR ELONGATED TO MEET THE EAST LINE OF THE BEFORE DESCRIBED 13.44 ACRE PARCEL AND SAID EAST LINE EXTENDED SOUTH, AND THE SOUTH LINE OF SAID N.1/2 OF THE S.1/2 OF THE N.W.1/4. ALL BEING SUBJECT TO AND TOGETHER WITH ANY AND ALL EASEMENTS, RESTRICTIONS AND COVENANTS.

NOTE: THE EAST LINE OF SAID N.W.1/4 IS ASSUMED TO BEAR S.1°23’13”W.

AND

PART OF THE N.W.1/4 OF SECTION 13, TOWNSHIP 89 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, SIOUX CITY, WOODBURY COUN- TY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE N.E. COR- NER OF SAID N.W.1/4; THENCE S.1°23’13”W. ALONG THE EAST LINE OF SAID N.W.1/4 FOR 985.10 FEET TO THE NORTH LINE OF THE S.1/4 OF THE N.1/2 OF SAID N.W.1/4; THENCE S.89°48’54”W. ALONG SAID NORTH LINE FOR 1000.38 FEET TO THE WEST LINE OF THE EAST 1000 FEET OF SAID N.W.1/4 AND THE N.E. CORNER OF A 3.82 ACRE PARCEL DESCRIBED ON A PLAT OF SURVEY RECORDED ON ROLL 751, IMAGE 5121 IN THE WOODBURY COUNTY RECORDER’S OFFICE; THENCE S.1°23’13”W. ALONG SAID WEST LINE AND THE EAST LINE OF SAID PARCEL FOR 502.02 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL AND THE POINT OF BEGINNING; THENCE N.56°39’35”W. ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL FOR 192.71 FEET; THENCE N.36°55’27’W. ALONG SAID SOUTHWESTERLY LINE FOR 135.52 FEET; THENCE N.53°54’25”W. ALONG SAID SOUTHWESTERLY LINE FOR 79.10 FEET; THENCE N.70°28’01”W. ALONG SAID SOUTHWESTERLY LINE FOR 178.68 FEET; THENCE N.76°47’26”W. ALONG SAID SOUTHWESTERLY LINE FOR 69.54 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL; THENCE N.1°23’13”E. ALONG THE WEST LINE OF SAID PARCEL FOR 87.50 FEET; THENCE S.77°25’46”W. FOR 126.82 FEET; THENCE S.60°08’31”W. FOR 44.66 FEET; THENCE S.35°11’13”W. FOR 29.98 FEET; THENCE S.6°13’23”W. FOR 33.42 FEET; THENCE S.22°06’24”E. FOR 185.36 FEET; THENCE S.46°22’06”E. FOR 352.98 FEET; THENCE S.40°41’28”E. FOR 219.84 FEET; THENCE S.26°44’35”E. FOR 115.73 FEET; THENCE S.39°06’47”E. FOR 147.07 FEET TO THE SOUTH LINE OF THE N.1/2 OF THE S.1/2 OF SAID N.W.1/4; THENCE N.89°49’34”E. ALONG SAID SOUTH LINE FOR 98.59 FEET TO THE WEST LINE OF SAID EAST 1000 FEET OF THE N.W.1/4; THENCE N.1°23’13”E. ALONG SAID WEST LINE FOR 482.89 FEET TO THE POINT OF BEGINNING. CONTAINING 6.68 ACRES. SUBJECT TO AND TOGETHER WITH ALL IN- GRESS/EGRESS EASEMENTS DESCRIBED ON A PLAT OF SURVEY REC- ORDED ON ROLL 751, IMAGE 5121 IN THE WOODBURY COUNTY RE- CORDER’S OFFICE. SUBJECT TO AND TOGETHER WITH ANY AND ALL OTHER EASEMENTS, RESTRICTIONS AND COVENANTS.

NOTE: THE EAST LINE OF SAID N.W.1/4 IS ASSUMED TO BEAR S.1°23’13”W,

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

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal ______, 2018.

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO SIOUX CITY ZONING AND SIGN ORDINANCE

ALONG SAID CENTERLINE FOR 44.66 FEET; THENCE S.35°11’13”W. ALONG SAID CENTERLINE FOR 29.98 FEET; THENCE S.6°13’23”W. ALONG SAID CENTERLINE FOR 33.42 FEET; THENCE S.22°06’24”E. ALONG SAID CEN- TERLINE FOR 185.36 FEET; THENCE S.46°22’06”E. ALONG SAID CENTER- LINE FOR 352.98 FEET; THENCE S.40°41’28”E. ALONG SAID CENTERLINE FOR 219.84 FEET; THENCE S.26°44’35”E. ALONG SAID CENTERLINE FOR 115.73 FEET; THENCE S.39°06’47”E. ALONG SAID CENTERLINE FOR 147.07 FEET TO THE SOUTH LINE OF THE N.1/2 OF THE S.1/2 OF SAID N.W.1/4 AND THE END OF SAID EASEMENT DESCRIPTION. THE SIDELINES OF SAID EASEMENT BEING SHORTENED OR ELONGATED TO MEET THE EAST LINE OF THE BEFORE DESCRIBED 13.44 ACRE PARCEL AND SAID EAST LINE EXTENDED SOUTH, AND THE SOUTH LINE OF SAID N.1/2 OF THE S.1/2 OF THE N.W.1/4. ALL BEING SUBJECT TO AND TOGETHER WITH ANY AND ALL EASEMENTS, RESTRICTIONS AND COVENANTS.

NOTE: THE EAST LINE OF SAID N.W.1/4 IS ASSUMED TO BEAR S.1°23’13”W.

AND

PART OF THE N.W.1/4 OF SECTION 13, TOWNSHIP 89 NORTH, RANGE 48 WEST OF THE 5TH PRINCIPAL MERIDIAN, SIOUX CITY, WOODBURY COUN- TY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE N.E. COR- NER OF SAID N.W.1/4; THENCE S.1°23’13”W. ALONG THE EAST LINE OF SAID N.W.1/4 FOR 985.10 FEET TO THE NORTH LINE OF THE S.1/4 OF THE N.1/2 OF SAID N.W.1/4; THENCE S.89°48’54”W. ALONG SAID NORTH LINE FOR 1000.38 FEET TO THE WEST LINE OF THE EAST 1000 FEET OF SAID N.W.1/4 AND THE N.E. CORNER OF A 3.82 ACRE PARCEL DESCRIBED ON A PLAT OF SURVEY RECORDED ON ROLL 751, IMAGE 5121 IN THE WOODBURY COUNTY RECORDER’S OFFICE; THENCE S.1°23’13”W. ALONG SAID WEST LINE AND THE EAST LINE OF SAID PARCEL FOR 502.02 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL AND THE POINT OF BEGINNING; THENCE N.56°39’35”W. ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL FOR 192.71 FEET; THENCE N.36°55’27’W. ALONG SAID SOUTHWESTERLY LINE FOR 135.52 FEET; THENCE N.53°54’25”W. ALONG SAID SOUTHWESTERLY LINE FOR 79.10 FEET; THENCE N.70°28’01”W. ALONG SAID SOUTHWESTERLY LINE FOR 178.68 FEET; THENCE N.76°47’26”W. ALONG SAID SOUTHWESTERLY LINE FOR 69.54 FEET TO THE SOUTHWESTERLY CORNER OF SAID PARCEL; THENCE N.1°23’13”E. ALONG THE WEST LINE OF SAID PARCEL FOR 87.50 FEET; THENCE S.77°25’46”W. FOR 126.82 FEET; THENCE S.60°08’31”W. FOR 44.66 FEET; THENCE S.35°11’13”W. FOR 29.98 FEET; THENCE S.6°13’23”W. FOR 33.42 FEET; THENCE S.22°06’24”E. FOR 185.36 FEET; THENCE S.46°22’06”E. FOR 352.98 FEET; THENCE S.40°41’28”E. FOR 219.84 FEET; THENCE S.26°44’35”E. FOR 115.73 FEET; THENCE S.39°06’47”E. FOR 147.07 FEET TO THE SOUTH LINE OF THE N.1/2 OF THE S.1/2 OF SAID N.W.1/4; THENCE N.89°49’34”E. ALONG SAID SOUTH LINE FOR 98.59 FEET TO THE WEST LINE OF SAID EAST 1000 FEET OF THE N.W.1/4; THENCE N.1°23’13”E. ALONG SAID WEST LINE FOR 482.89 FEET TO THE POINT OF BEGINNING. CONTAINING 6.68 ACRES. SUBJECT TO AND TOGETHER WITH ALL IN- GRESS/EGRESS EASEMENTS DESCRIBED ON A PLAT OF SURVEY REC- ORDED ON ROLL 751, IMAGE 5121 IN THE WOODBURY COUNTY RE-

CORDER’S OFFICE. SUBJECT TO AND TOGETHER WITH ANY AND ALL OTHER EASEMENTS, RESTRICTIONS AND COVENANTS.

NOTE: THE EAST LINE OF SAID N.W.1/4 IS ASSUMED TO BEAR S.1°23’13”W,

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

(3500½ Hale Street) (2018-0021)

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

CITY OF SIOUX CITY, IOWA

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal April 30, 2018.

ATTACHMENT B

GENERAL AREA MAP

ATTACHMENT C

NOTIFICATION MAP

ATTACHMENT D

SITE PHOTO

ATTACHMENT E

PLAT OF SURVEY PARCEL R (13.44 acres)

PARCEL E (6.68 acres)

ATTACHMENT F

APPLICATION

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 19 FROM: Jeff Hanson, Community Development Operations Manager (EJB)

Hearing and Ordinance vacating all that part of Prescott Street and the east/west alley adjacent to 2601 West 22nd Street. (Petitioner: James SUBJECT: Marksbury). The Planning and Zoning Commission recommends approval of this item. (File No. 2018-0018).

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

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

Planning and Zoning Commission: Agenda Item 2018-0018: Requested vacation of Prescott Street and the east/west alleyway adjacent to the property located at 2601 West 22nd Street. (Petitioner: James Marksbury)

Erin Berzina presented information on the item. She stated the total vacation area in question is 6,120 square feet. She also stated the street and alleyway are unimproved and not used in the transportation system. She stated in 1976, half of Prescott Street was vacated and sold and recommends that the petitioner be offered the full portion of the subject Prescott Street if the vacation is approved. She stated staff recommends approval of the item.

Geary (Krage) moved to recommend to the City Council approval of the item. Motion Carried. 4-0-0 (Yes: Geary, Stewart, Silverberg, Krage/No: 0/ Abstain:0). Electronic Vote

Findings of Fact: 1) It is the City’s policy to vacate and dispose of unneeded rights-of-way. 2) By vacating and disposing of the subject right-of-way, access would not be denied to property owners. 3) No opposing responses have been received to the notification. 4) The applicant’s proposal conforms to the minimum Municipal Code requirements.

Recommended Conditions of Approval: 1) Staff recommends that the petitioner be offered the full portion of the subject Prescott Street if the vacation is approved.

DISCUSSION: See Analysis

FINANCIAL IMPACT: N/A

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

ALTERNATIVES: None.

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

BACKGROUND REPORT: The petitioner, James Marksbury, requests to vacate all that part of Prescott Street and the east/west alley adjacent to 2601 West 22nd Street. The subject property is approximately six thousand one hundred twenty (6,120) square feet. The proposal will allow for the petitioner to add the subject area to their property. A general area map is enclosed for your review.

ANALYSIS: As stated, the petitioner requests to vacate all that part of Prescott Street and the east-west alley adjacent to 2601 West 22nd Street. The subject portion of Prescott Street is approximately 30’ x 160’ and the adjacent east-west alley is approximately 8’ x 164’. The proposed vacation area is unimproved, not used in the transportation system, and no surrounding properties will be landlocked or have insufficient access as a result of this vacation. The subject portion of Pres- cott Street is currently maintained by the petitioner and a shed has been placed in this area. Prescott Street was originally platted as a 60-foot street right-of-way and was never developed into a city street. In 1976, 30 feet of Prescott Street was vacated and sold to build a home on the adjacent property. Because the neighboring property has already acquired one half of the original Prescott Street at this location, staff recommends that the petitioner be offered the approximately 30’ x 160’ section of Prescott Street in its entirety. Staff recommends approval of this request for vacation, as it will not be utilized in the transportation system in the future and sufficient access is available to surrounding property owners.

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

• Cities may vacate streets and alleys but must consider the interests of the public. Public notice was mailed to properties within two hundred (200) feet, excluding rights-of- way. No responses were received.

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

• The vacation of a street or alley should not deprive the complaining property owner of con- venient and reasonable access to or from his property to a substantial degree. No responses were received regarding this vacation. • The City Council must determine whether the street or alley is necessary for public use and convenience and whether they are sufficiently traveled to justify maintenance at public expense. The street and alley are unimproved, and the vacation will not impact the transportation system.

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

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

EXISTING ZONING AND LAND USE: NC.2; Single-family Residential

EXISTING ZONING REQUIREMENTS: The NC.2 district is meant for low density, single-family detached neighborhoods on moderate sized lots.

PROPOSED ZONING REQUIREMENTS: N/A

SURROUNDING ZONING AND LAND USE: North: NC.2; Single-family Residential South: NC.2; Single-family Residential East: NC.2; Single-family Residential West: NC.2; Single-family Residential

DEPARTMENT COMMENTS No comments were received from other city departments.

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

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.

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

CITIZEN RESPONSE: Twelve (12) notices were sent within the required timeframe. No responses were received.

ATTACHMENT A

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

ORDINANCE NO. 2018 - ______

ORDINANCE VACATING ALL THAT PART OF PRESCOTT STREET AND THE EAST/WEST ALLEY ADJACENT TO 2601 WEST 22ND STREET.

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

All that part of the west half of Prescott Street abutting Lot 13 of Block 9, and the east/west alley abutting Lots 10-13 in Block 9 lying East of Casselman Street, including all intersections thereof, in Newspaper Addition to Sioux City, Iowa, in the County of Woodbury and State of Iowa. Contains approximately 6,120 square feet more or less; and

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

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

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

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

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

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

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

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: May 7, 2018

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. 2018-______adopted by the City Council of Sioux City on ______, 2018. Signed this ______day of ______, 2018.

Lisa L. McCardle, City Clerk

I hereby certify that a summary of the foregoing was published in the Sioux City Journal on May 12, 2018

Lisa L. McCardle, City Clerk

U:\City Legal\Secure\P & Z Ordinances\PZ 2018-0018.Docx

ORDINANCE VACATING ALL THAT PART OF PRESCOTT STREET AND THE EAST/WEST ALLEY ADJACENT TO 2601 WEST 22ND STREET.

This is a summary of Ordinance Number 2018-______passed by the Sioux City City Council on ______, 2018 and is effective today. A complete copy of the ordinance is available at the office of the City Clerk in City Hall, 405 6th Street, Sioux City, Iowa, Monday through Friday, 8:00 a.m. to 4:30 p.m. This ordinance vacates the following described public right of way within the City of Sioux City, Woodbury County, Iowa:

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal ______, 2018.

NOTICE OF HEARING ON PROPOSAL TO VACATE PUBLIC

RIGHT-OF-WAY OWNED BY CITY OF SIOUX CITY

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

(Prescott Street and the east/west alley adjacent to 2601 West 22nd Street) (2018-0018)

That said Ordinance and proposal to vacate said real estate will come on for final hearing and action before the City Council in the Council Chambers, Room 504, City Hall, 405 6th Street, Sioux City, Iowa, on May 7, 2018, at the council meeting commencing at 4:00 P.M., Local Time, or as soon thereafter as the matter may be considered. At said hearing interested persons may appear and be heard for or against said proposed vacation.

CITY OF SIOUX CITY, IOWA

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal April 30, 2018

ATTACHMENT B

GENERAL AREA MAP

ATTACHMENT C

NOTIFICATION MAP

ATTACHMENT D

SITE PHOTOS

Subject Property, looking north

Subject Property, looking east

ATTACHMENT E

APPLICATION

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 20-21 FROM: Jeff Hanson, Community Development Operations Manager (CRM)

Hearing and Ordinance rezoning 4021 Indian Hills Drive from Zone Classifi- cation PI (Public and Institutional) to Zone Classification NC.5 (Neighborhood Conservation, 5,000 square feet per unit minimum). (Peti- tioner: Brad Cummings Construction LLC). The Planning and Zoning Commission recommends approval of this item. (File No. 2018-0028). SUBJECT:

Motion approving the preliminary plat of Indian Hills Court, an Addition to Sioux City, Woodbury County, Iowa. (Petitioner: Brad Cummings Construc- tion LLC). The Planning and Zoning Commission recommends approval of this item. (File No. 2018-0029).

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 and preliminary plat, subject to the following findings.

Planning and Zoning Commission: Agenda Item 2018-0028: Requested rezoning of the property located at 4021 Indian Hills Drive from PI (Public and Institutional) to NC.5 (Neighborhood Conservation). (Petitioner: Brad Cummings Construction LLC).

Chris Madsen presented information on both Agenda Item 2018-0028 and 2018-0029. He stated the reason for the rezoning request is because the petitioner is proposing to construct 6 structures consisting of twelve (12) twin homes on the property which is not allowed under the current PI (Public and Institutional) zoning. The proposed NC.5 zoning would allow the use and would allow for a 10-foot rear yard setback, which the back 4 lots of the development would need. He stated the petitioner is proposing a 9-foot interior yard setback, therefore there would be 18 feet between each structure. He stated City Engineering did have a sanitary sewer concern with the location on the preliminary plat, and they would like to see the sanitary sewer relocated parallel to and under the street due to there not being enough room for it to be located in the right-of-way because of other current utilities. He also mentioned that he had received one email from Central Baptist Church in favor of the development and two phone calls with concerns about traffic. He stated one of the two traffic concerns stated they would like to see the speed limit reduced on Indian Hills Drive due to the new development to control traffic, and the other caller stated they would like to see a stop sign installed at the intersection, to make it a four-way stop intersection. Lastly, he stated staff recommends approval of both the rezoning and preliminary plat with the condition that the petitioner provide

an updated preliminary plat with the sanitary sewer being located under the street.

Jason Geary asked the City Engineering staff why they would want the sanitary sewer located underneath the street instead of in the right-of-way and negotiating an easement, as the street location seems to be a more expensive maintenance when repairs are needed as they would have to tear up the street. Gordon Phair, City Engineer, responded stating when utilities are located in the right-of-way through an easement, they can cause multiple problems years down the road with people building on them, damaging the utilities with fencing, etc. which becomes a major maintenance issue. Gordon also stated in this particular case there is not enough room in the right-of-way for the sanitary sewer to be located due to existing utilities.

Suzan Stewart asked Gordon if they have thought about asking the private utility companies to move out of the right-of-way in order to locate the sanitary sewer in the right-of-way. Gor- don responded stating he would assume they would charge the City quite a bit to do so.

Chris Madsen also stated the petitioner has contacted Central Baptist Church to try and negotiate an easement with them to locate the sanitary sewer on their property, however the Church was unwilling to allow an easement because it would bind future church boards.

Dick Salem (700 Pierce Street), one of the petitioners, spoke on the item. He stated originally the sanitary sewer was to be located in the right-of-way but will now have to be moved to under the street. He also stated these townhomes will be very similar to the Lakeport View and Fremar Drive townhomes that have been recently built. He stated it will be an attractive addition to the area.

Larry Axlund (2516 41st Street) had a few questions regarding the project. He asked how the slope would be from his property down to the back 4 lots of the development. Chris Madsen responded stating there will be grading work done, however there will still be a slope from his property down to the development. Larry also asked what size homes they will be. Dick Salem responded stating the townhomes will be in the $250,000 range and will be a similar design to the Lakeport View townhomes recently built, with the average age of homebuyers being 50 years and older.

Geary (Bostinelos) moved to approve the rezoning. Motion Carried. 7-0-0 (Yes: Silverberg, Bostinelos, Stewart, Geary, Beukelman, Calligan, Krage/ No:0/ Yes: 0). Electronic Vote

Agenda Item 2018-0029: Requested preliminary plat approval for the property located at 4021 Indian Hills Drive. (Petitioner: Brad Cummings LLC)

Chris Madsen mentioned to incorporate the comments from Agenda Item 2018-0028 to this item as well.

Geary (Bostinelos) moved to approve the preliminary plat subject to the petitioner modifying the plat to show the sanitary sewer located under the street. Motion Carried. 7-0-0 (Yes: Sil- verberg, Bostinelos, Stewart, Geary, Beukelman, Calligan, Krage/ No:0/ Yes: 0). Electronic Vote

Findings of Fact: 1) Rezoning from PI to NC.5 will allow for residential development. 2) The development contains twelve (12) twin home units. 3) The applicant’s proposal conforms to the minimum Municipal Code requirements.

Recommended Conditions of Approval: 1) Per City Engineering: place the sanitary sewer line under Indian Hills Drive.

DISCUSSION: See Analysis

FINANCIAL IMPACT: N/A

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

ALTERNATIVES: None.

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

BACKGROUND REPORT: The City has received a request from Brad Cummings Construction LLC, petitioner, to rezone and approve a preliminary plat for a 3.20-acre tract of land located at 4021 Indian Hills Drive. The proposal will allow for the construction of twelve (12) twin home residential units. A general area map and preliminary plat are enclosed for your review.

ANALYSIS: As stated, the petitioner is requesting rezoning and preliminary plat approval. The petitioner would like to develop a twelve (12) unit twin house addition north of the Central Baptist Church. The property was previously part of the Central Baptist Church property, and was split off and sold to the petitioner. The current zoning of PI (Public and Institutional) prohibits all residential uses, requiring rezoning of the property. The petitioner is requesting NC.5 zoning, the same designation used on the Chestnut Hill development. The petitioner is requesting NC.5 for the reduced rear yard setback of 10’, primarily on the shallow lots at the end of the proposed cul-de- sac. The petitioner is showing interior side yard setbacks of 9’, which is consistent with less dense zoning districts.

The preliminary plat for the development shows access from Indian Hills Court, a street that would be a dedicated City street as part of the final plat. The lots range in size from 7,631 sq. ft. to 15,148 sq. ft. The smallest lots, Lots 6 and 7, are located at the end of Indian Hills Court.

The preliminary plat was reviewed at the April 12, 2018 DRC (Development Review Committee) meeting. The Engineering Department raised concerns with the placement of the sanitary sewer line that is being extended to this property. Currently, the sanitary sewer line terminates south of the south property line of the development. The petitioner is requesting running the sewer line along the Indian Hills Drive right-of-way line approximately 420 feet to the centerline of the proposed Indian Hills Court. The proposed alignment has the sewer line entering the Central Bap- tist Church property, which would require utility easements being obtained. Engineering is requiring the sewer line be placed under Indian Hills Drive, requiring removal and replacement of a portion of the pavement in Indian Hills Drive.

EXISTING ZONING AND LAND USE: PI ; Vacant

EXISTING ZONING REQUIREMENTS: The PI district is meant for public, semi-public, and institutional land uses that are unique in na- ture and scale and thus, most appropriate in their own district and subject to their own standards.

PROPOSED ZONING REQUIREMENTS: The NC.5 district is meant for a variety of housing types and other allowed uses in a mixed-use environment, with improved standards for compatibility through conditional use approval.

SURROUNDING ZONING AND LAND USE: North: NC.2 ; Single Family Residential South: PI ; Central Baptist Church East: NC.2 ; Assisted Living West: NC.1 ; Single Family Residential

DEPARTMENT COMMENTS Engineering Department: No comments provided to PreAgenda. Comments provided at the DRC meeting discussed in the Analysis section.

COMPREHENSIVE PLAN: The 2005 Comprehensive Plan indicates this area as “Mixed-Use Neighborhood”. “Mixed-Use Neighborhood” is defined as areas that consist of a small commercial/retail center providing locally focused services that may include a residential component.

URBAN RENEWAL / URBAN REVITALIZATION / TIF: The subject property is located in the Indian Hills SubArea of the Teton Urban Renewal TIF Dis- trict.

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

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

CITIZEN RESPONSE: Nineteen (19) notices were sent within the required timeframe. One response was received in favor.

Planning and Zoning Commission,

As a close neighbor to the proposed development, Central would be in favor of the development being approved by the commission.

Thank you,

Lloyd Grant Senior Pastor Central Baptist Church 4001 Indian Hills Drive Sioux City, 51108

ATTACHMENT A

ORDINANCE NO. 2018 - ______

ORDINANCE REZONING 4021 INDIAN HILLS DRIVE FROM ZONE CLASSIFI- CATION PI (PUBLIC AND INSTITUTIONAL) TO ZONE CLASSIFICATION NC.5 (NEIGHBORHOOD CONSERVATION, 5,000 SQUARE FEET PER UNIT MINIMUM)

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

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

25.02.030.1333: The following described real property shall be changed FROM Zone Classifica- tion PI (Public and Institutional) TO Zone Classification NC.5 (Neighborhood Conservation, 5,000 square feet per unit minimum):

THAT PORTION OF LOT 17, TETON HEIGHTS 2ND FILING, AN ADDITION TO THE CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 17; THENCE SOUTH 88°07'47” EAST ALONG THE NORTH LINE OF SAID LOT 17 FOR A DISTANCE OF 330.60 FEET TO THE NORTHEAST CORNER OF SAID LOT 17; THENCE SOUTH 1°51'40' WEST ALONG THE EAST LINE OF SAID LOT 17 FOR A DISTANCE OF 99.91 FEET; THENCE SOUTHERLY ALONG SAID EAST LINE AND ALONG A CURVE TO THE LEFT WITH A RADIUS OF 375.00 FEET, THROUGH A CENTRAL ANGLE OF 39°42'28”, FOR A DISTANCE ALONG THE ARC OF 259.89 FEET, THE CHORD OF WHICH BEARS SOUTH 17°58'37” EAST A DISTANCE OF 254.72 FEET; THENCE SOUTH 69°21'43” WEST FOR A DISTANCE OF 158.02 FEET; THENCE NORTH 88°07'52” WEST FOR A DISTANCE OF 270.00 FEET TO THE WEST LINE OF SAID LOT 17; THENCE NORTH 01°42'40” EAST ALONG SAID WEST LINE FOR A DIS- TANCE OF 400.00 FEET TO THE POINT OF BEGINNING, CONTAINING 139,390 SQUARE FEET OR 3.20 ACRES, MORE OR LESS AND EXTENDING TO THE CENTER LINE OF ABUTTING RIGHT-OF-WAY.

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: May 7, 2018

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. 2018-______adopted by the City Council of Sioux City on ______, 2018. Signed this ______day of ______, 2018.

Lisa L. McCardle, City Clerk

I hereby certify that a summary of the foregoing was published in the Sioux City Journal on May 12, 2018

Lisa L. McCardle, City Clerk

ORDINANCE REZONING 4021 INDIAN HILLS DRIVE FROM ZONE CLASSIFI- CATION PI (PUBLIC AND INSTITUTIONAL) TO ZONE CLASSIFICATION NC.5 (NEIGHBORHOOD CONSERVATION, 5,000 SQUARE FEET PER UNIT MINIMUM)

This is a summary of Ordinance Number 2018-______passed by the Sioux City City Coun- cil on ______, 2018 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 PI (Public and Institutional) to Zone Classification NC.5 (Neighborhood Conservation, 5,000 square feet per unit minimum):

THAT PORTION OF LOT 17, TETON HEIGHTS 2ND FILING, AN ADDITION TO THE CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA, DESCRIBED AS FOLLOWS:

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal ______, 2018.

NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO SIOUX CITY ZONING AND SIGN ORDINANCE

THAT PORTION OF LOT 17, TETON HEIGHTS 2ND FILING, AN ADDITION TO THE CITY OF SIOUX CITY, WOODBURY COUNTY, IOWA, DESCRIBED AS FOLLOWS:

(4021 Indian Hills Drive) (2018-0028)

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

CITY OF SIOUX CITY, IOWA

/s/ Lisa L. McCardle, City Clerk

Publish in the Sioux City Journal April 30, 2018.

ATTACHMENT B

GENERAL AREA MAP

ATTACHMENT C

NOTIFICATION MAP

ATTACHMENT D

View Looking West from Indian Hills Drive

SITE PHOTOS

ATTACHMENT E

APPLICATION

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 22-23 FROM: Jeff Hanson, Community Development Operations Manager (BDN)

Hearing on a petition to amend the Ordinance creating the Sioux City Main Street Self-Supported Municipal Improvement District.

SUBJECT: Motion to close the public hearing and to direct staff to prepare the ordinance for the renewal of the Main Street Self-Supported Municipal Im- provement District for adoption at the June 11, 2018, meeting of the Sioux City Council.

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

RECOMMENDATION: Staff respectfully requests that Council hold a hearing on extending the Downtown Sioux City Main Street Self-Supported Municipal Improvement District (SMID) for five years.

DISCUSSION: At the April 9, 2018 Council meeting, the City Council accepted the Planning and Zoning Commission’s findings on the proposed SMID extension (July 1, 2018 to June 30, 2023). The City Council also set a hearing on the SMID extension for May 7, 2018.

State Code Section 368.3 (6) notes that at the hearing Council shall “hear all owners of property in the proposed district or residents of the city desiring to express their views”.

368. 3 (6) also notes that the council must wait at least thirty days after the public hearing has been held before it may adopt an ordinance establishing a district. The district must be comprised of all the property which the council finds contains the following characteristics: The District must be comprised of property related in some manner, including but not limited to present or potential use, physical location, condition, relationship to an area, or relationship to present or potential commercial or other activity in an area, so as to be benefited in any manner, including but not limited to a benefit from present or potential use or enjoyment of the property,

Finally, it notes that property included in the proposed district need not be included in the established district. However, no additional property may be included in the district that was not included in the proposed district. (Properties in the original petition can be deleted but no new properties can be added.)

This section indicates that all property that would benefit from the project and is contiguous should be included in the SMID District while property that would not benefit should not be included. This section of Code also indicates that should Council determine that certain properties are not similarly situated or do not benefit from the project, they can be removed from the SMID District by a vote by the City Council.

Section 7 notes that adoption of the Ordinance establishing a district requires the affirmative vote of three-fourths of all the members of the council.

FINANCIAL IMPACT: No direct impact. Funds generated by the SMID District are passed directly through to Down- town Partners.

RELATIONSHIP TO STRATEGIC PLAN: Focus - Explore Destination Sioux City Municipal Responsibility - Progressive Leadership

The present (2005) Comprehensive Plan also has a number of goals for the downtown area:

The goal for downtown was collectively summarized as the “creation of a place.” A “place” was defined as “an area that people live, work, and play; where they could feel comfortable, and an area that exemplifies the Sioux City culture”. Specifically, two actions were identified; the placement of a museum in downtown to add to the existing cultural facilities, and recon- nection to and development of the riverfront.

Downtown represents a unique asset within Sioux City and the region. Nowhere else in this region is there an area similar to downtown Sioux City. The area has been the focus of past improvements within the City, specifically public improvements. Downtown has been the ben- eficiary of recent reinvestment and redevelopment in Sioux City with the construction of the Tyson Events Center, a reconstructed City Hall, the Art Center, Long Lines Family Recreation Center, and the Orpheum Theater. Downtown should remain a priority for Sioux City in the future development of the City and it is an asset that should be promoted to benefit the City.

The proximity of the riverfront provides additional benefits and opportunities for downtown. The relationship of downtown to the riverfront is an opportunity that needs to be enhanced and emphasized. However, in light of the planned improvements of I-29, access to the riverfront and related trail systems could be in jeopardy or enhanced, depending upon the final design.

Goal: Create a 24-hour downtown that is a unique place to live, work, shop, and play. Goal: Strengthen and enhance downtown Sioux City’s identity as the premier urban mixed- use environment in the region through branding and theme building. Goal: Encourage private investment and development to build on recent public investments made in downtown. Goal: Enhance the appearance of downtown, making it more marketable. Goal: Create and maintain a seamless functional and visual connection between downtown and the riverfront. Goal: Encourage the adaptive reuse of existing vacant and underutilized structures for housing, commercial, and retail uses. Goal: Encourage investment in and revitalization of the neighborhoods surrounding downtown. Connect the various portions of downtown (i.e. the Events Center, the Convention Cen- ter, Historic 4th Street, etc.) in an efficient manner that supports pedestrian, transit, and ve- hicular mobility to various events, activities, and destinations within downtown.

Goal: Evaluate parking to address existing and future development needs.

ALTERNATIVES: None recommended

ATTACHMENTS: Attachment A: Background and Analysis

Attachment A: Background and Analysis

Purpose Statement: The purpose of the District is to undertake such actions authorized by Chapter 386, Code of Io- wa, designed to encourage and support the redevelopment of the central business district of Sioux City, Iowa. The primary role of the Sioux City Main Street Self-Supported Municipal Im- provement District (SMID) in Downtown Sioux City is to enhance the vitality of Sioux City’s center, to promote it, and to revitalize it where necessary. Downtown Partners Sioux City will be a facilitator in creating a vibrant downtown which is a regional destination to work, live, shop and play.

Relationship Statement: The District is comprised of properties zoned for commercial or industrial uses and properties within a duly designated historic district. The properties relate in some manner, including but not limited to present or potential use, physical location, condition, relationship to an area, so as to benefit in any manner from the development, improvement or maintenance of the district.

Legal Description: 26.34.020 Boundaries of zones. The District shall include all of the property legally described as follows:

Proposed Self-Supported Municipal Improvement District:

1. Beginning at the intersection of the main channel of the Missouri River (also the state boundary and city limits line) and the Center line of the Veterans Memorial Bridge; 2. thence generally north along the Center line of Wesley Parkway to its intersection with the center line of W. 7th Street; 3. thence east along the center line of W. 7th Street (which becomes 8th Street somewhere between Wesley Parkway and vacated Water Street); 4. thence east along the center line of 8th Street to the intersection of the center line of 8th Street and the center line of the north/south alley in the alley bounded by 7th, 8th, Ne- braska and Jackson Streets; 5. thence south along the center line of said alley to the center line of 7th Street; 6. thence east along the center line of 7th Street to its intersection with the center line of Jones Street; 7. thence north along the center line of Jones Street to the center line of vacated 7th Street; 8. thence east along the center line of vacated 7th Street to its intersection with the center line of Jennings Street; 9. thence south along the center line of Jennings Street to its intersection with the center line of 6th Street; 10. thence east along the center line of 6th Street to its intersection with the center line of Virginia Street; 11. thence south along the center line of Virginia Street to its intersection with the center line of 5th Street; 12. thence east along the center line of 5th Street to the Center line of Floyd Boulevard and including the following described property on the north side of 5th Street, the east 2/3 of Lots 10,11, and 12, Block 40, Middle Sioux City Addition and Lots 1, 2, and 3, of Block 40 of Middle Sioux City Addition; 13. thence south along the center line of Floyd Boulevard to the Center line of 4th Street; 14. thence west along the center line of 4th Street to its intersection with the center line of Iowa Street;

15. thence south along the center line of Iowa Street to its intersection with the center line of 3rd Street; 16. thence west along the center line of 3rd Street to its intersection with the east R-O-W line of Virginia Street; 17. thence south along the east R-O-W line of Virginia Street to its intersection with a point on a line parallel to and eight feet north of the north line of Lot 11 of Block 10 of Middle Sioux City Addition; 18. thence east along said line parallel to and eight feet north of the north line of Lot 11 & Lot 2 of Block 10 of Middle Sioux City Addition including said line’s extension across the N/S alley in said Block 10 to the center line of Court Street; 19. thence south along the center line of Court Street to its intersection with the center line of Gordon Drive; 20. thence west along the center line of Gordon Drive to the center line of Virginia Street; 21. thence southwesterly along the center line of Virginia Street and its extension to the main channel of the Missouri River (also the state boundary and city limits line); 22. thence west to the point of beginning.

DISCUSSION On February 16, 2018 Downtown Partners filed the renewal application with the City Clerk.

Downtown Partners requested that the SMID District be changed somewhat from the 2013 Dis- trict by adding:

• The Mercy Hospital campus (minus the parking lot bounded by vacated 7th, 8th, Jones and Jennings Streets) • Property known as 1219 5th Street (Docs Bar), property bounded by Gordon Drive, Court Street, Dace Avenue, Floyd Boulevard, the Missouri River and Virginia Street; and • Property known as the Virginia Square site, the Rocklin Manufacturing property and the new Kum & Go at Gordon Drive and Virginia Street.

This area is shown on the drawing below:

Staff supported the retention of all property presently in the SMID District as well as the addition of the Mercy property; property known as 1219 5th Street (Doxx Warehouse Bar), and the Vir- ginia Square site, the Rocklin Manufacturing property and the new Kum & Go at Gordon Drive and Virginia Street.

Staff did not support the addition of property south of Gordon Drive (property bounded by Gor- don Drive, Court Street, Dace Avenue, Floyd Boulevard, the Missouri River and Virginia Street). The reason that staff did not support the inclusion of the area south of Gordon Drive is that it is largely under IDOT ownership/control due to the Interstate 29 project. The IDOT will be disposing of this land and there is no way to know if the new uses will be compatible with the SMID District uses.

The following map shows the SMID area as recommended by both staff and the Commission. (The area bounded in red.) The area bounded in the blue dashes is the area proposed by Downtown Partners to be included in the SMID District but deleted largely because of uncertain- ties because of the I-29 project. The area bounded in the orange dashes is already included in the SMID District but affected by the I-29 project.

It is vital that the City, IDOT, Downtown Partners and all other affected entities work to ensure that this entrance to the riverfront and well as an entrance to the downtown is developed with the proper types of land use and quality construction to enhance the City’s investments.

A total of 535 properties are in the 2018 proposal as opposed to 484 during the 2013 proposal. The owners of 81% of the area’s property owners have signed renewal petitions so far. Down- town Partners expect to receive a few more petitions. The petitions received represent 72% of the assessed valuation in the proposed district.

There are certain taxing issues relating to residential condominiums that may slightly affect these numbers. Downtown Partners is working through these issues.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 24 FROM: Jeff Hanson, Community Development Operations Manager (SW)

Hearing and Resolution approving proposal to grant a temporary easement. (A portion of the vacated east/west alley adjacent to 1701 27th Street) SUBJECT: (Petitioner: Benjamin F. Martin Jr. And Michelle L. Martin) (Purchase price: $15.00 plus costs).

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

RECOMMENDATION: Staff respectfully requests Council approve the proposed resolution.

DISCUSSION: On the agenda for Monday the City Council will be asked to conduct a public hearing and approve the proposal to grant an encroachment easement for a portion of the vacated east/west alley adjacent to 1701 27th Street. This portion of right of way was vacated by Ordinance No. 82/T-636 dated July 12, 1982 with an easement granted to the previous owners by Resolution No. 90/T-8850 on July 23, 1990. The easement, as well as Iowa Code, requires the grantee to file a verified claim with the County Recorder prior to the expiration of the 21-year term. That claim would extend the easement and protect the City’s reversionary interests in the property. Failure to file such a claim automatically terminates the temporary easement. That claim was not filed and the property has since changed ownership. Staff recommends granting a new encroachment easement for the life of the structure to Benjamin F. Martin Jr. and Michelle L. Martin.

The resolution on Monday’s agenda authorizes the issuance of an encroachment easement to Benjamin F. Martin Jr. and Michelle L. Martin.

FINANCIAL IMPACT: The amount of $15.00 plus costs will be received at time of closing.

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

ALTERNATIVES: Do not approve the resolution

ATTACHMENTS: Easement Application Proposed Resolution Aerial

RESOLUTION NO. 2018 - ______with attachments

RESOLUTION APPROVING PROPOSAL TO GRANT A TEMPORARY EASEMENT. (A PORTION OF THE VACATED EAST/WEST ALLEY ADJACENT TO 1701 27TH STREET) (PETITIONER: BENJAMIN F. MARTIN JR. AND MICHELLE L. MARTIN) (PURCHASE PRICE: $15.00 PLUS COSTS).

WHEREAS, the City Council of the City of Sioux City, Iowa, set forth its proposal to grant a temporary easement in the following described real property in Resolution No. 2018-0320, passed and approved April 23, 2018:

All that part of the vacated east/west alley abutting Lot 62, Dupont Park, an Addition to Sioux City, Woodbury County, Iowa described as follows: Beginning at the northwest corner of Lot 62; thence north along the extended west line of Lot 62 for 1.2 feet; thence east parallel with the north line of Lot 62 for 25 feet; thence south parallel with the west line of Lot 62 for 1.2 feet; thence west along the north line of Lot 62 for 25 feet to the point of beginning; and

WHEREAS, a public hearing was held on said proposal on May 7, 2018, pursuant to published notice given as provided by law; and

WHEREAS, the City Council has heard all the objections to said proposal, but believes the easement should be granted; and

WHEREAS, the City Council has heretofore adopted an ordinance vacating the above described real property; and

WHEREAS, a "Grant of Temporary Easement" has been prepared and is attached hereto and by this reference made a part hereof.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that all objections to the proposed "Grant of Temporary Easement" for the real estate described in the preamble hereof be, and the same are hereby overruled.

BE IT FURTHER RESOLVED that the "Grant of Temporary Easement" in the above described real property be granted in accordance with the terms and conditions set forth therein.

BE IT FURTHER RESOLVED that the "Grant of Temporary Easement" attached hereto be and the same is hereby approved as to form and content and the Mayor and City Clerk are authorized and directed to execute the same for and on behalf of the City of Sioux City, Iowa.

BE IT FURTHER RESOLVED that upon receipt of the consideration fixed in said grant and the costs incurred that the grant be delivered to the purchasers.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

GRANT OF TEMPORARY EASEMENT

KNOW ALL MEN BY THESE PRESENTS:

That the City of Sioux City, Iowa, a municipal corporation, in Woodbury County, Iowa, by its Mayor duly authorized as hereinafter set forth, does hereby grant unto Benjamin F. Martin Jr. and Michelle L. Martin their assigns and successors in interest, in consideration of Fifteen Dollar ($15.00) and other valuable consideration, the right to use, enjoy and occupy the following described real estate situated in Sioux City, Woodbury County, Iowa, to-wit:

(A portion of the vacated east/west alley adjacent to 1701 27th Street) subject to the following conditions limiting this Grant of Easement:

1. The City of Sioux City, Iowa, shall have the right of placing any and all improvements and/or utilities for public purpose over, under and upon the property hereinbefore described without the consent of grantee(s) or their assigns or successors, and without obligation to said grantee(s).

2. This temporary easement is given and granted for encroachment purposes for that portion of a garage overhang which currently encroaches onto City-owned property as further described in the above legal description (herein structure). This temporary easement is granted only for the period of time as the structure placed on the property described above shall be and remain in its present form. In the event of the removal, destruction or reconstruction of said structure not attributable general maintenance of said structure, this easement shall terminate and be of no further force and effect.

3. The temporary easement is granted only for such period of time as the above described real property is not needed by the City of Sioux City, Iowa, for public right-of-way. As a further condition of the grant of this easement, the grantee(s) agree that in the event the above described real property is ever needed by the City of Sioux City, Iowa, for public right-of-way, the structure placed on the above described real property will be removed, upon the request of the City of Sioux City, Iowa at the expense of the grantee(s), their assigns and successors in interest.

4. This temporary easement is granted upon the condition that the grantee shall file in a timely manner on behalf of the City, as grantor, the verified claim required under Section 614.24 of the Code of Iowa so as to preserve the reversionary interests of the City. Such verified claim is to be submitted sixty days prior to the expiration of each twenty-one year term (as described in said Section 614.24) to the City for approval as to form and content. The failure of the grantee to file said verified claim in a timely manner before the expiration of each twenty-one (21) year term shall serve as an automatic termination of this temporary easement.

5. Grantee(s) further agree that as a condition and consideration of granting the easement herein, grantee(s) will indemnify and save harmless the City of Sioux City, Iowa, its officers, employees, elected officials and agents from and against all loss or expense, including court costs and attorney's fees by reason of liability imposed by law upon the City of Sioux City, Iowa, its officers, employees, elected officials or agents for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of damage to property, both real and chattel, including the loss of use thereof, arising out of or in consequence of the use of the property for which the temporary easement is granted. This provision shall apply to any claim against the City of Sioux City, Iowa, for damages of whatever kind or description arising out of or in consequence of the granting of this temporary easement by the said City to the grantee(s), their heirs, successors and assigns.

6. That title to said above described real estate shall at all times remain in the City of Sioux City, Iowa.

This grant of easement is executed under and by virtue of the authority vested in the Mayor of Sioux City, Iowa, under the provision of Resolution No. 2018-______, duly passed and approved on the 7th day of May, 2018, and subject to the terms and conditions thereof.

IN WITNESS WHEREOF, the City of Sioux City, Iowa, has caused this instrument to be executed by the Mayor and the City of Sioux City, Iowa, with the seal of said City duly affixed and attested by the City Clerk and whose signatures are hereto affixed on the 7th day of May, 2018.

CITY OF SIOUX CITY, IOWA

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

STATE OF IOWA ) : ss WOODBURY COUNTY)

On this 7th day of May, 2018, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robert E. Scott and Lisa L. McCardle, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Sioux City, Iowa; that the seal affixed to the foregoing instrument is the official seal of the City, and that the instrument was signed and sealed on behalf of the City, by authority of its City Council, as contained in Resolution No. 2018-______passed on the 7th day of May, 2018, and that Robert E. Scott and Lisa L. McCardle acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the City.

BY: ______Notary Public in and for Iowa

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 25 FROM: Jeff Hanson, Community Development Operations Manager (SW)

Hearing and Resolution approving proposal to sell certain real property and authorizing a city deed (that part of the vacated north/south alley abutting 821 30th Street, that part of the vacated north/south alley abutting SUBJECT: 2934 Jones Street and that part of vacated 30th Street lying between Jones Street and Jennings Street) (petitioner: The Sioux City Community School District in the Counties of Woodbury and Plymouth, State of Iowa) (purchase price: $1.00 plus costs).

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

RECOMMENDATION: Staff respectfully requests Council approve the proposed resolution.

DISCUSSION: On the agenda for Monday the City Council will be asked to conduct a public hearing and approve the proposal to sell that part of the vacated north/south alley abutting 821 30th Street, that part of the vacated north/south alley abutting 2934 Jones Street and that part of vacated 30th Street lying between Jones Street and Jennings Street to The Sioux City Community School District in the Counties of Woodbury and Plymouth, State of Iowa per the 28E Agree- ment approved by Resolution No. 2014-0374 dated June 2, 2014. These portions of right of way were vacated by Ordinance No. 2016-0382 dated May 2, 2016. The School District owns the abutting property and would like to add the vacated right of way to the property that they own.

The resolution on Monday’s agenda authorizes the issuance of a city deed to The Sioux City Community School District in the Counties of Woodbury and Plymouth, State of Iowa.

FINANCIAL IMPACT: The amount of $1.00 plus costs will be received at time of closing.

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

ALTERNATIVES: Do not approve the resolution

ATTACHMENTS: Proposed Resolution 28E Agreement Aerial

RESOLUTION NO. 2018 - ______with attachments

RESOLUTION APPROVING PROPOSAL TO SELL CERTAIN REAL PROPER- TY AND AUTHORIZING A CITY DEED (THAT PART OF THE VACATED NORTH/SOUTH ALLEY ABUTTING 821 30TH STREET, THAT PART OF THE VACATED NORTH/SOUTH ALLEY ABUTTING 2934 JONES STREET AND THAT PART OF VACATED 30TH STREET LYING BETWEEN JONES STREET AND JENNINGS STREET) (PETITIONER: THE SIOUX CITY COMMUNITY SCHOOL DISTRICT IN THE COUNTIES OF WOODBURY AND PLYMOUTH, STATE OF IOWA) (PURCHASE PRICE: $1.00 PLUS COSTS).

WHEREAS, the City Council of the City of Sioux City, Iowa, set forth its proposal to sell the following described real property in Resolution No. 2018-0319, passed and approved April 23, 2018:

All that part of the vacated north/south alley lying adjacent to Lots 1-4 and 15-18, and that part of said north/south alley abutting the north 16 feet of Lots 6 and 13, all in Block 36, Pierces Addition to Sioux City, County of Woodbury, State of Io- wa. Containing 3456 square feet more or less.

AND

All that part of the vacated north/south alley lying adjacent to Lots 1 and 18 and the north 25 feet of Lots 2 and 17, all in Block 23, Pierces Addition to Sioux City, County of Woodbury, State of Iowa. Containing 1200 square feet more or less.

AND

All that part of vacated 30th Street abutting Block 23 and Block 36 in Peirce’s Addition to Sioux City, in the County of Woodbury and the State of Iowa, being all said 30th Street lying between Jones Street and Jennings Street. Containing 18960 square feet more or less; and

WHEREAS, a public hearing was held on said proposal on May 7, 2018, pursuant to published notice given as provided by law; and

WHEREAS, the City Council has heard all the objections to said proposed sale, but believes selling of the real property is in the public interest; and

WHEREAS, a city deed prepared in accordance with the terms and conditions outlined in a 28E Agreement passed and approved by the City Council on June 2, 2014, pursuant to Resolution No. 2014-0374, is attached hereto and by this reference made a part hereof.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that all objections to the proposed sale of the real estate described in the preamble hereof, be and the same are hereby overruled.

BE IT FURTHER RESOLVED, that the above described real property be sold to The Sioux City Community School District in the Counties of Woodbury and Plymouth, State of Iowa in accordance with the terms and conditions set forth in Resolution No. 2018-0319, passed and approved April 23, 2018.

BE IT FURTHER RESOLVED that the city deed attached hereto conveying said property to The Sioux City Community School District in the Counties of Woodbury and Plymouth, State of Iowa, be and the same is hereby approved as to form and content and the Mayor and City Clerk authorized and directed to execute same for and on behalf of the City of Sioux City, Iowa.

BE IT FURTHER RESOLVED that upon receipt of the consideration fixed in said city deed and the costs incurred in this sale that the city deed be delivered to the purchasers.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Res2018\Com Dev\School Sale 2 (Vac 30th Street & N-S Alleys).Docx

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

ADDRESS TAX STATEMENT: The Sioux City Community School District, in the Counties of Woodbury and Plymouth, State of Iowa. 627 4th Street, Sioux City, Iowa 51101

CITY DEED

KNOW ALL MEN BY THESE PRESENTS:

That the City of Sioux City, Iowa, a municipal corporation, of the County of Woodbury, and State of Iowa, by its Mayor thereunto duly authorized, as hereinafter set forth, in consideration of the sum of ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid by The Sioux City Community School District in the Counties of Woodbury and Plymouth, State of Iowa of the County of Woodbury and State of Iowa, does hereby release, remise, convey and quit claim unto the said The Sioux City Community School District in the Counties of Woodbury and Plymouth, State of Iowa, all its right, title and interest in and to the following described premises situated in the County of Woodbury and State of Iowa, to-wit:

AND

This deed is subject to the right of the City of Sioux City, Iowa, to use said real estate in connection with the operation and maintenance of any presently existing and installed public utility, above or below the ground, and subject to the same right on the part of public utility companies operating under franchise or special permit in the City of Sioux City, Iowa.

This deed is executed under and by virtue of the authority vested in the Mayor of Sioux City, Iowa, under the provisions of which and in accordance herewith, this deed is executed and delivered.

IN WITNESS WHEREOF, the City of Sioux City, Iowa, has caused these Presents to be signed by its Mayor and the seal of said City duly attested by the City Clerk hereunto affixed this 7th day of May, 2018.

CITY OF SIOUX CITY, IOWA

BY: ______Robert E. Scott, Mayor

ATTEST: ______Lisa L. McCardle, City Clerk

STATE OF IOWA ) : ss WOODBURY COUNTY)

On this 7th day of May, 2018, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robert E. Scott and Lisa L. McCardle, to me personally known, and, who, being by me duly sworn, did state that they are the Mayor and City Clerk, respectively, of the City of Sioux City, Iowa; that the seal affixed to the foregoing instrument is the official seal of the City, and that the instrument was signed and sealed on behalf of the City, by authority of its City Council, as contained in Resolution No. 2018-______passed on the 7th day of May, 2018, and that Robert E. Scott and Lisa L. McCardle acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the City.

BY: ______Notary Public in and for Iowa

Exempt from Transfer Tax pursuant to Chapter 428A.2(6).

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 26 FROM: Matt Salvatore, Parks and Recreation Director

Hearing and Resolution approving plans, specifications, form of contract, SUBJECT: and estimated cost for the proposed construction of the Big Sioux River Trail – Phase 1 Project (Project No. 6949-459-316).

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

RECOMMENDATION: Staff respectfully requests City Council conduct a public hearing and approve the construction documents for the proposed Big Sioux River Trail – Phase 1 Project.

DISCUSSION: The Big Sioux River Trail – Phase 1 project is a public improvement project located from Riv- erside Park north to Florence Avenue and Boies Street in Sioux City, Iowa and includes grading and paving of a 10-foot-wide trail, approximately 4,000 feet, along the Big Sioux River. The proposed trail will connect the existing Riverside Park Trail, constructed in the Spring of 2014 and the existing Big Sioux River Dike Trail – Phase II constructed in the Spring of 2015. This trail segment will provide a continuous trail connection from the Chris Larsen Park River- front Trail to River Drive.

A pre-bid meeting will be held May 8, 2018. Bids will be received on May 22, 2018. The work on this project shall commence upon issuance of the Notice to Proceed and be fully completed by October 1, 2018.

FINANCIAL IMPACT: The funding for the design contract will be covered under CIP 459-316 “Big Sioux Trails” with a FY18 budget of $476,000.00 from combined funding through Siouxland Trails Foundation, $125,000.00; Iowa DOT Grant Award, $52,000.00; and GO Bonds, $299,000.00. RELATIONSHIP TO STRATEGIC PLAN: Health and Safety Explore Destination Sioux City

ALTERNATIVES: City Council may request staff make changes to the project documents and construction schedule.

ATTACHMENTS: Resolution

RESOLUTION NO. 2018 - ______

RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE PROPOSED CONSTRUCTION OF THE BIG SIOUX RIVER TRAIL – PHASE 1 PROJECT (PROJECT NO. 6916-459-316).

WHEREAS, on the 23rd day of April, 2018, plans, specifications, form of contract, and estimated cost were filed with the Clerk of Sioux City, Iowa, for the construction of the Big Sioux River Trail – Phase 1 Project; and

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

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

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the plans, specifications, form of contract and estimated cost for the construction of the Big Sioux River Trail – Phase 1 Project be and the same are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 27 FROM: Darrel Bullock, Code Enforcement Manager

Hearing on Manager’s Report on Demolition of and Resolution declaring a certain structure to be dangerous or dilapidated as defined by the Munici- SUBJECT: pal Code and authorizing the City Manager to carry out such order to demolish said structure. (Address: 2221 Boies Street) (Property Owner: Bert T. Schauer)

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

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

DISCUSSION: The placarded dwelling structure located at 2221 Boies Street was placarded on June 19, 2017 due to a fire. Currently, the owner of the property has not made the required repairs to the property.

Staff recommends demolition.

FINANCIAL IMPACT: This project is funded with CIP project 663-211, "Blight Removal". The project currently has a cash balance of $560,323. Funding for the project is from transfer in General Obligation bonds.

RELATIONSHIP TO STRATEGIC PLAN: Improve the appearance of City neighborhoods, housing, and major corridors.

ALTERNATIVES: Council may provide time extensions, in accordance with procedures detailed in the Municipal Code, Chapter 20.06 and provision of a $10,000 demolition bond and letter of agreement.

ATTACHMENTS: Resolution

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

RESOLUTION NO. 2018 - ______

HEARING ON MANAGER’S REPORT ON DEMOLITION OF AND RESOLU- TION DECLARING A CERTAIN STRUCTURE TO BE DANGEROUS OR DI- LAPIDATED AS DEFINED BY THE MUNICIPAL CODE AND AUTHORIZING THE CITY MANAGER TO CARRY OUT SUCH ORDER TO DEMOLISH SAID STRUCTURE. (ADDRESS: 2221 BOIES STREET) (PROPERTY OWNER: BERT T. SCHAUER)

WHEREAS, due, proper and timely notice has been given to all parties in interest concerning the following property:

2221 Boies Street legally described as Lot 11, Block 6, North Riverside 2nd Addition, Sioux City, Woodbury County, Iowa; and

WHEREAS, said notice was served as set out in the Municipal Code; and

WHEREAS, said structure is a dangerous or dilapidated structures as defined in the Municipal Code and is being maintained as such by the owners and interested parties; and

WHEREAS, the code violations have been previously recorded and furnished to the property owner and are listed as follows:

A. Catastrophic fire damage to all levels. B. Smoke and water damage throughout. C. A complete detailed list of required repairs is as follows: (1) Exterior (a) Building permit required (b) Replace charred roof sheathing and any charred structural components such as rafters, collar ties, etc. This will involve removing the roofing on the front section

of the house. (i) Properly seal the remaining rafters and sheathing with proper smoke sealer paint. (ii) Demolish the front porch area. Nothing worth saving in this area. (c) Replace all damaged windows, storms, screens trims, etc. Properly flash all. (d) Replace all damaged doors. Properly flash. (e) Replace all damaged wall framing, including any materials that are termite damaged. No framing allowed below grade. (f) Replace all damaged sheathing. No sheathing allowed below grade. (g) Replace all damaged siding on entire house. No siding allowed below grade. All siding must be flashed properly. Paint entire house with exterior rated paint. (h) Assure clean gutters and properly operating downspouts and leaders. (2) Interior (a) Building permit required. (b) Demo phase (i) Remove all debris, carpets, etc. from interior. (Charred and/or smoke damage) (ii) Remove all drywall -or- lathe and plaster from entire house. (Charred and/or smoke damage) (iii) Remove all insulation. (Smoke laden) (iv) Remove front entry roof and any charred studs. This area may require frost footings. (v) Remove wall at top of basement stairs. There is currently no landing. Rebuild guard rail. Install handrail. (vi) Rebuild stairwell ceiling to second floor to create additional headroom if possible. New handrail in this area. (vii) Rebuild all interior walls as necessary. (c) Rebuild interior (i) Ceilings 1. Repair any fire damaged framing. Repair any rotted or termite damaged framing. 2. Install new insulation on all exterior ceilings. This insulation must meet energy code where feasible. 3. Install new drywall and finishes. 4. Add access panel to attic space. (Four locations) (ii) Walls 1. Repair any fire damaged framing. 2. Repair any rotted or termite damaged framing. 3. Install new insulation on all exterior walls. This insulation must meet energy code where feasible. 4. Install new drywall and finishes. (iii) Basement walls and ceilings 1. There is a lot of mold growth on basement ceiling area. For this reason, it would be prudent to remove all drywall and insulation from basement. 2. Properly treat mold growth.

3. This basement doesn’t have an egress window, therefore a bedroom will not be allowed. (iv) Floors 1. Rebuild all damaged floor joists, sheathing, underlayment etc. 2. Assure that there is no termite damaged framing. 3. Assure that there is no framing/siding against dirt in this termite prone environment. 4. Call for inspections prior to installing subfloor over structural framing. 5. Install floor finishes. 6. Water impervious floor coverings in kitchens and baths. (v) Kitchen 1. Replace entire kitchen. The current cabinets, countertops, etc. have been charred and were permeated with smoke. (vi) Bathrooms 1. Replace all fixtures with new fixtures. The current fixtures have smoke and heat damage. The porcelain may be re-usable. Discuss this with plumber. 2. Install a power vent in each bathroom. These vents must discharge to the outside atmosphere. (vii) Doors 1. Replace all interior doors in entire home due to smoke and heat damage. Install either passage or privacy door handles as code requires. 2. Replace front and rear entry doors. All exterior doors must be lockable and operable. Jambs and sills must be in sound condition. All weather-stripping must be in good condition. (Note: The rear entry door may be salvageable with cleaning and painting.) (viii) Windows 1. Install new windows, storms and screens as necessary. 2. Repair all existing windows, storms and screens to weathertight/bug-tight condition. (3) Electrical (a) A stand-alone Electrical permit will be required. (b) The current electrical panel is overloaded. Much of the wiring in this house has been tampered with and/or installed by an unlicensed electrician. Recommend a new/larger panel. (c) Assure two ground sources to panel. (d) Check and make repairs to all branch circuits as needed. (e) Roughly ¾ of the house will require a rewire due to fire and required drywall removal. (f) New GFCIs where appropriate. (g) Arc faults will not be required unless new branch circuits are installed. (h) Install smoke alarm on each level of home. Install a carbon monoxide detector on each level of this house outside of each bedroom area. (4) Plumbing (a) A stand-alone plumbing permit will be required. (b) Assure proper water supply to all fixtures, new showers, vanities, sinks, wash- er/dryer, etc.

(c) Plumber shall install these new fixtures in the course of remodel. (d) Plumber shall install new D.W.V. in the course of remodel as necessary. There is inadequate venting throughout house. Much of the plumbing seems to not be li- censed work. (e) Pressure test all gas lines. Repair any leaks. Provide the City with a gas pressure certificate prior to gas turn on. (5) HVAC (a) A stand-alone HVAC permit will be required. (b) Thoroughly clean existing furnace. (c) Have furnace fully serviced. (d) All duct work must be cleaned by reputable duct cleaning service. It is currently filthy and was inundated with smoke and water from the fire. (e) HVAC technician shall certify this furnace and provide the City a certificate of worthiness. (f) If furnace is found to be faulty or marginal in any way, it will be required to be re- placed. (g) If not already in place, proper supplies and returns shall be installed to all rooms of the house. (h) Pressure test all gas lines and provide gas pressure papers to this office to start the gas service procedure. One set of papers per apartment. (6) Garage (a) An inspection of the garage will be required. Structure will be examined. Any electrical will be examined for safety. (7) Termites (a) There is much evidence of termite activity on the second floor. Common sense dictates that there is much damage throughout the home. It will be necessary that a professional exterminator do a review on the entire house once the house is gutted of all insulation and drywall; and

WHEREAS, said structure should be demolished.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the structure located on the property referred to in the preamble hereof be and it is hereby declared to be a dangerous or dilapidated structure as defined in the Municipal Code and is being maintained as such by the owners and interested parties thereof.

BE IT FURTHER RESOLVED that said structure described in the preamble hereof should be demolished.

BE IT FURTHER RESOLVED that the City Manager is directed to proceed with such order to demolish said structure in accordance with the procedure set forth in the Municipal Code.

BE IT FURTHER RESOLVED that all cost incurred to demolish said structure will be assessed against the property and a civil action may be brought against the property owner(s) for the costs of the demolition.

BE IT FURTHER RESOLVED that the City Manager may delay the demolition ordered herein for ____ days if the owner executes and delivers to the City an Agreement and Bond if required in compliance with Section 20.06.110 of the Sioux City Municipal Code. If the Owner completes

the repairs and rehabilitation of the above described property in accordance with the said Agreement and Section 20.06.110, the City Manager may forego demolition of said structure. If the Owner violates the terms and provisions of the Agreement, the City Manager shall immediately proceed to demolish said structure.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

LGL\RES2018\COMDEV\DEMOLITION HEARING (2221 Boies Street)

AGREEMENT

This Agreement made by and between the City of Sioux City, Iowa, a municipal corporation, (herein “City”) and Bert T. Schauer, (herein “Owner”)

RECITALS

WHEREAS, Owner is the owner of 2221 Boies Street which has been red-tagged by the City of Sioux City, Iowa, and is more particularly described as Lot 11, Block 6, North Riverside 2nd Addition, Sioux City, Woodbury County, Iowa, Sioux City, Woodbury County, Iowa; and

WHEREAS, a hearing was held before the City Council on May 7, 2018 on the Manager’s Re- port on Demolition of and Resolution declaring said structure to be dangerous and dilapidated and directing the City Manager to demolition the structure; and

WHEREAS, the Owner has requested additional time to bring the said structure up to city code; and

WHEREAS, the City is willing to grant additional time to repair and rehabilitate the structure under the following terms and conditions:

AGREEMENT

1. The Owner agrees to make all necessary repairs to the above described premises within ____ days of May 7, 2018. The repairs required are set forth on the attached document labeled Exhibit “A”.

2. The Owner, by this document, does hereby authorize and permit the City to enter onto the premises described above and demolish the structure without further notice or further hearing being granted to the Owner in the event the repairs that are required to be made as set forth on Exhibit “A” are not completed within the said ____ days or if, in the opinion of the City, substantial progress towards the completion of the repairs have not been achieved in the ____ days that have been granted herein by the City to complete repairs and rehabilitation. The Owner agrees to reimburse the City for all expenses incurred in the demolition of the above described property.

3. The Owner agrees to pay the City the sum of $25.00 for each day the repairs take beyond ____ days to compensate the City for additional administration and inspection work incurred in connection with the repair and rehabilitation of the above described property. This paragraph will only be in effect if the City determines that substantial progress has been made towards the repairs and rehabilitation of the property and that said repairs and rehabilitation can be completed within a reason time after the ____ days that have been granted herein. This paragraph does not prohibit the City from proceeding under paragraph 2 above in the event the City determines in its sole discretion that there has been insufficient progress made in completing the necessary repairs and rehabilitation of the above described property and that the same cannot be completed within a reasonable period of time after the expiration of the ____ days herein granted.

4. The Owner hereby agrees to file with the City a performance bond with such sureties, terms and conditions as are satisfactory to the City in the amount of $______to be used by the City to reimburse the costs of demolition of the above described property in the event the Owner does not pay the costs of demolition to the City. The bond may also be used to pay the per diem cost incurred, if any, should the Owner fail or refuse to reimburse the City for the additional administrative costs incurred because the repairs were not completed within ____ days as allowed above. If the bond is not presented to the City by the close of business on May 18, 2018, the City shall have the right to proceed with demolition of the above described structure without any further notice, hearing or consent of the Owner and shall be permitted to come on the above described premises with City employees or agents of the City to demolition said structure.

5. Owner by this Agreement gives the City the full access to the property described above at all reasonable times and place with or without notice to monitor the repair and rehabilitation of the structure. CITY OF SIOUX CITY, IOWA OWNER

By: By: Darrel Bullock Code Enforcement Manager [Please Print Name]

By:

[Please Print Name]

STATE OF IOWA ) : ss. COUNTY OF WOODBURY)

On this ______day of ______, 2018, before me, the undersigned a Notary Public in and for said State, personally appeared Darrel Bullock to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed.

(SEAL) ______NOTARY PUBLIC in and for said COUNTY and STATE

STATE OF ______) : ss. COUNTY OF ______)

On this ______day of ______, 2018, before me, the undersigned a Notary Public in and for said State, personally appeared ______to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed.

(SEAL) ______NOTARY PUBLIC in and for said COUNTY and STATE

COMBINED PERFORMANCE AND PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, ______as Principal (hereinafter called "Owner"), and ______as Surety (hereinafter called Surety), are held and firmly bound unto the City of Sioux City, Iowa, as Obligee, (hereinafter called "City") in the amount of ______Dollars ($______) for the payment of which sum of money we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly, severally and firmly by these presents.

WHEREAS, Owner has by written agreement dated May 7, 2018, entered into an Agreement with the City wherein Owner has agreed to repair and rehabilitate Owner’s property at 2221 Boies Street to avoid demolition of said structure which Agreement is by reference made a part hereof, and is hereinafter referred to as "the Agreement"; and

WHEREAS, Owner is required to furnish a Performance and Payment Bond in connection with said Agreement pursuant to the terms and provisions as set forth herein.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that:

1. If Owner shall in all respects well and truly keep and perform the said Agreement on Owner's part in accordance with the terms and provisions of all of the Agreement documents comprising said Agreement, and in the time and manner therein prescribed; and,

2. If Owner shall pay to the City all sums due to the City under the terms and provisions of said Agreement then this obligation shall be null and void, otherwise it shall remain in full force and effect.

Every surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent without notice:

A. To any extension of time beyond the Agreement completion date necessary for the Owner to perform the Agreement.

IN WITNESS WHEREOF, we have hereunto set our hands and seals on ______. (SEAL) Owner By:

Witness: Title:

(SEAL) Surety By:

Witness: Title:

Address:

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 28 FROM: Chris Myres, Economic Development Specialist

Hearing and Resolution accepting the proposal of Sioux City Brick & Tile Company for the purchase of certain land in the Combined Central Sioux SUBJECT: City – CBD Urban Renewal Area, and authorizing a Development Agreement and Minimum Assessment Agreement (Property located 200 and 222 Floyd Boulevard) (Motion requested to defer this item to May 21, 2018)

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

RECOMMENDATION: Staff respectfully request the City Council defer action on this item to allow the developer additional time to review the agreements.

DISCUSSION: Background Staff is pleased to announce Sioux City Brick & Tile Company’s commitment to develop a new corporate office and showroom facility in Sioux City. Sioux City Brick is a long-time Sioux City company, formed from the consolidation of several brick companies in 1913. Throughout its long history, Sioux City Brick & Tile Company has maintained its corporate office in Sioux City, currently located at 310 South Floyd Boulevard, and manufactures its brick products at plants in Sergeant Bluff and Adel, Iowa. Sales offices are located throughout the Midwest. Sioux City Brick employs 217 nationwide and has twenty-five (25) employees at the corporate office in Sioux City.

As Council will recall a resolution of support for the company’s IEDA application for the Tar- geted Jobs Withholding Tax Credit Program was approved on March 19, 2018. The application was approved by the IEDA board on March 23, 2018.

Expansion Project: Over the last few years, Sioux City Brick has outgrown its current corporate office and showroom facility on Floyd Boulevard. As the company explored options for a new location, City staff began working to provide options for new construction in Sioux City. Company management/ownership considered several locations throughout the tri-state area and eventually chose to build a new 10,000 square foot office building and showroom on a City-owned parcel at the intersection of Floyd Boulevard and Dace Avenue.

Please note: The City-owned development parcel under consideration is the remnant of the former Hobson School site which was acquired and cleared by the City to facilitate improvements to the adjacent intersection. These improvements are tentatively scheduled for the 2020 construction season. The development site also includes the vacated alley adjacent to the east side of the property.

Approval of the above resolution approves the Development Agreement and Minimum As- sessment Agreement with Sioux City Brick and finalizes the sale of the City-owned development site.

Development Proposal As a part of the proposed agreement Sioux City Brick will agree to:

• Construct a new approximately 10,000 square foot office/showroom facility • Retain 23 existing jobs • Commit to a minimum assessment of $1,000,000.

The City will agree to:

• Convey the City-owned site at the intersection of Dace Avenue/Floyd Boulevard for $1.00. • Provide a tax rebate equal to 75% of the new taxes created by the project for a 5-year period.

FINANCIAL IMPACT: At the minimum assessed value of $1 million, the project will generate approximately $32,000 in new taxes. For the first five years, 75% would be rebated and the City would retain approximately $8,000 per year.

RELATIONSHIP TO STRATEGIC PLAN: This project supports the Strategic Focus Areas of Growing Sioux City, including expanding development opportunities.

ALTERNATIVES: None Recommended

ATTACHMENTS: Resolution Development Agreement (Hard Copy)

RESOLUTION NO. 2018 - ______with attachments

RESOLUTION ACCEPTING THE PROPOSAL OF SIOUX CITY BRICK & TILE COMPANY FOR THE PURCHASE OF CERTAIN LAND IN THE COMBINED CENTRAL SIOUX CITY – CBD URBAN RENEWAL AREA, AND AUTHORIZING A DEVELOPMENT AGREEMENT AND MINIMUM ASSESSMENT AGREEMENT (PROPERTY LOCATED 200 AND 222 FLOYD BOULEVARD)

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

WHEREAS, Chapter 403 of the Code of Iowa authorizes the City to invite proposals from all interested parties for the purchase of land in an urban renewal area by publishing public notice of its intent to receive and accept any such proposal; and

WHEREAS, Sioux City Brick & Tile Company has submitted a proposal to the City for the purchase of the following described property in the Combined Central Sioux City - CBD Urban Renewal Area:

Lots One (1) through Four (4) inclusive and the vacated east-west alley abutting Lots Three (3) and Four (4), and the entire vacated north-south alley and portions of Lots Five (5) and Six (6), all in Block Thirty-one (31), Sioux City East, an addition to the City of Sioux City, Woodbury County, Io- wa, described as follows:

Beginning at the northwest corner of said Lot 1; thence South 89°33'30" East along the north line of said Block 31 for a distance of 166.00 feet to the northwest corner of Lot 12 in said Block 31; thence South 00°42'37" West along the east line of said vacated north-south alley for a distance of 316.00 feet to the southwest corner of Lot 7 in said Block 31; thence North 89°33'30" West along the south line of said Block 31 for a distance of 80.58 feet; thence Northwesterly along a curve to the right with a radius of 85.00 feet, through a central angle of 90°18'11" for a distance along the arc of 133.97 feet, the chord of which bears North 44°25'26" West a distance of 120.53 feet to the west line of said Block 31; thence North 00°42'37" East along said west line for a distance of 230.58 feet to the Point of Beginning, containing 50,888 square feet or 1.17 acres, more or less. Subject to easements, if any, of record or apparent; and

WHEREAS, pursuant to Resolution No. 2018-0223 passed and approved by the City Council on March 26, 2018, the City indicated its intent to accept said proposal of Sioux City Tile & Brick Company, established a date and time for the submission of proposals by other interested parties, established a date and time for a hearing accepting such proposals, and authorized the publication of notice of such invitation, intent and hearing; and

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

Quality of the Proposed Development:

(1) The total cost of the proposed project.

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

(3) Overall project amenities.

Economic Feasibility of the Proposed Development:

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

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

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

WHEREAS, a hearing was held on the proposals so submitted and the City Council being fully advised in the premises is of the opinion and belief that it would be in the best interests of the City to accept the proposal of Sioux City Brick & Tile Company for the purchase of said property and that accepting such proposal is in the public interests; and

WHEREAS, a Development Agreement and Minimum Assessment Agreement have been prepared for the purchase of said property pursuant to the terms of said proposal and should be approved as to form and content.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Development Agreements and Minimum Assessment Agreement attached hereto providing for the sale of said property to Sioux City Brick & Tile Company is hereby approved as to form and content and the Mayor and City Clerk be and they are hereby authorized and directed to execute same along with all necessary exhibits to said Development Agreement for and on behalf of the City of Sioux City, Iowa.

BE IT FURTHER RESOLVED that upon receipt of the consideration fixed in said Development Agreement and Minimum Assessment Agreement and the costs incurred in this sale that the Development Agreement and Minimum Assessment Agreement be delivered to Sioux City Brick & Tile Company.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 29 Robert Padmore, City Manager FROM: Nicole DuBois, City Attorney

Resolution inviting proposals for the lease of land in the Combined Central Sioux City -CBD Urban Renewal Area, announcing the intent to accept the SUBJECT: proposal of SCE Partners, LLC, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (Property and air space located in the vicinity of 3rd Street and Pearl Street)

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

RECOMMENDATION: Staff respectfully requests City Council approve the resolution.

DISCUSSION: City staff has been working with SCE Partners, LLC in the development of a parking and retail structure at the corner of 3rd Street and Pearl Street. When constructed, this facility will provide additional public parking for the Tyson Events Center and Hard Rock Casino, and provide additional retail space in this area.

Under the terms of the agreement:

• The City and SCE Partners will each fund fifty percent (50%) of the cost of the facility.

• SCE Partners would hire an engineering and/or architecture firm to complete plans, specifications, estimated costs, and a construction schedule for the Complex. All work will be done in conformance with Iowa Public Bidding Laws and other applicable laws and regulations.

• The City will publicly bid the project and the construction of the Complex.

• The total development cost (including design, construction, and pre-opening expenses, but not including build-out of the tenant space) of the Complex will not exceed Eleven Million Dollars ($11 million).

• The Complex will consist of approximately fifteen thousand (15,000) square feet of retail and entertainment space and four hundred and twenty (420) parking spaces.

• The upper floors of the Complex will extend north of the Complex site across 3rd Street and connect to the Hard Rock Hotel and Casino Sioux City premises.

• The City will enter into a twenty (20) year lease with SCE Partners as the prime-tenant for the Complex. SCE Partners would have two options to renew the lease, with each renewal term being twenty (20) years.

• SCE Partners will be responsible for subleasing the tenant space, with an emphasis towards dining and entertainment tenants. The subleases would be subject to City approval and all urban renewal laws. All such subleases would be “triple-net” leases in which the tenant pays its allocated share of property taxes, insurance, and common-area maintenance charges (including, without limitation, security), as well as all build-out and finishing costs of the retail space. SCE Partners would have the option of taking all or a portion of the retail space for a nominal base rent.

• The parking spaces would be for the use of customers and employees of the retail subles- sees, patrons of the Tyson Events Center, and the Hard Rock Hotel and Casino Sioux City, on a first-come first-served basis.

• Capital costs and operating expenses of the Complex would be borne equally by SCE Partners and the City.

• The access easement currently running north/south (and aligned with Pearl Street) across the parking lot of the Hard Rock Hotel & Casino Sioux City, would be vacated, or dedicated for use by Hard Rock Hotel & Casino Sioux City patrons only. Easements for utilities would remain.

Approval of the above resolution will initiate the mandatory 30-day notice period for the lease of City-owned property in an urban renewal area. Staff will present a Development Agreement and Lease Agreement for Council consideration upon completion of the notice period. A public hearing will be scheduled for June 11, 2018.

FINANCIAL IMPACT: The City’s portion of the project is being funded through Sales Tax Abated GO Bonds. Prop- erty Taxes, as well as revenue from the lease of the retail space, will be retained by the City.

RELATIONSHIP TO STRATEGIC PLAN: Grow Sioux City - Expand development opportunities and grow Sioux City.

ALTERNATIVES: Reject the development agreement and lease agreement.

ATTACHMENTS: Resolution

RESOLUTION NO. 2018 - ______with attachments

RESOLUTION INVITING PROPOSALS FOR THE LEASE OF LAND IN THE COMBINED CENTRAL SIOUX CITY -CBD URBAN RENEWAL AREA, ANNOUNCING THE INTENT TO ACCEPT THE PROPOSAL OF SCE PARTNERS, LLC, FIXING THE DATE FOR RECEIPT OF PROPOSALS, AND FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF. (PROPERTY AND AIR SPACE LOCATED IN THE VICINITY OF 3RD STREET AND PEARL STREET)

WHEREAS, SCE Partners, LLC has submitted to the City a proposal to lease a portion of the project area described as follows:

Parcel I: Lots Seven (7), Eight (8) and Nine (9), Lot Ten (10) and the South One- half (S ½) of Lot Eleven (11), in Block Thirty (30), Sioux City East Addition in the County of Woodbury and State of Iowa, and the vacated East/West alley lying between Lots Seven (7), Eight (8) and Nine (9) and Lot Ten (10) and the South Two Hundred Forty-one feet (S 241’) of the vacated North/South alley, all in Block Thirty (30), Sioux City East Addition to Sioux City, Woodbury County, Iowa.

and

Parcel II: Lot Twelve (12) and the North One-half (N ½) of Lot Eleven (11) and the North Seventy-five feet (N 75’) of the vacated North/South alley, all in Block Thirty (30), Sioux City East Addition, Woodbury County, Iowa.

and

Air rights located between eighteen (18) feet above the existing grade and sixty (60) feet above the existing grade of:

All that part of Third Street lying North of Lot 12 and North of the North/ South alley adjacent said Lot 12 in Block 30, Sioux City East Addition, South of Lots 1 and 2, Sioux City Entertainment Addition and West of Pearl Street, all in Sioux City, Woodbury County, Iowa, described as follows:

Beginning at the Northeast corner of Lot 12 of said Block 30; thence North 88°42’10” West along the North line of said Lot 12 and the South line of said Third Street for 165.97 feet to the Northeast corner of Lot 1 of said Block 30; thence North 1°20’35” East for 80.00 feet to the South line of Lot 1 of said Sioux City Entertainment Addition and the North line of said Third Street; thence South 88°42’10” East along said North line and the South line of said Lots 1 & 2 Sioux City Entertainment Addition for 166.07 feet to the Southeast corner of said Lot 2; thence South 1°25’00” West along the West line of said Pearl Street for 80.00 feet to the point of beginning. Said described parcel contains 0.304 acres, more or less; a copy of which proposal is attached hereto and on file in the office of the City Clerk; and

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

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

WHEREAS, the City wishes to announce its intent to accept the proposal of SCE Partners, LLC in the absence of any more favorable offer in response to the invitation made herein; and

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

WHEREAS, any additional proposals should be submitted to the Real Estate Office, Room 304, City Hall, 405 Sixth Street, Sioux City, Iowa, by 1:00 p.m., local time, June 11, 2018; and

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

Quality of the Proposed Development:

(1) The total cost of the proposed project.

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

(3) Overall project amenities.

Economic Feasibility of the Proposed Development:

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

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

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

BE IT FURTHER RESOLVED that the City hereby announces and fixes a public hearing on said proposal on June 11, 2018, at the regularly scheduled council meeting and fixes the date of June 11, 2018 at 1:00 p.m., local time, as the last day upon which proposals can be received by the City.

PASSED AND APPROVED: May 7, 2018 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Res2018\Com Dev\Urban Renewal Lease 1 (SCE Partners - 3rd St. & Pearl St.).Docx

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

NOTICE is hereby given that there is now on file in the office of the City Clerk located at the Customer Service Center on First Floor of City Hall, 405 6th Street, Sioux City, Iowa, a resolution under and by virtue of which the City of Sioux City, Iowa, invites proposals for the lease of certain land in the Combined Central Sioux City -CBD Urban Renewal Project Area; and under and by virtue of which the City has expressed an intent to accept the proposal as submitted by SCE Partners, LLC, a copy of which is on file in the office of the City Clerk. Said Invitation for Proposals and said proposal concerns the following described real property:

and

Air rights located between eighteen (18) feet above the existing grade and sixty (60) feet above the existing grade of:

Full information as to the form and content of bid documents, requirements to be met by bidders, and as to bidding procedures is available at the office of the Real Estate Office, Room 304, City Hall, 405 Sixth Street, Sioux City, Iowa.

Any person interested in leasing said real estate should submit a completed proposal to the Real Estate Office, Room 304, City Hall, 405 Sixth Street, Sioux City, Iowa no later than 1:00 p.m., local time, on June 11, 2018.

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

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

Quality of the Proposed Development:

(1) The total cost of the proposed project.

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

(3) Overall project amenities.

Economic Feasibility of the Proposed Development:

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

A public hearing will be held concerning any qualified proposals received and concerning the acceptance of the proposal as submitted by SCE Partners, LLC for the lease of said property. Said public hearing will be at the regularly scheduled city council meeting in the Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, on June 11, 2018, at 4:00 p.m., local time, or as soon thereafter as the matter can be reached for hearing.

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

CITY OF SIOUX CITY, IOWA

BY: LISA L. McCARDLE CITY CLERK

Published in the Sioux City Journal May 12, 2018

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: May 7, 2018 ACTION ITEM # 30 FROM: Robert Padmore, City Manager

Ordinance amending Chapter 2.35 entitled “Events Facilities Advisory Board and Events Facilities Director” to reflect the change in management SUBJECT: of the Tyson Events Center, Orpheum Theater and Sioux City Convention Center. (First Consideration passed April 23, 2018)

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

RECOMMENDATION: Staff respectfully requests City Council approve the requested changes to Chapter 2.35 entitled “Events Facilities Advisory Board and Events Facilities Director.”

DISCUSSION: With the recent contracting for management of the Tyson Events Center and Orpheum Thea- ter to Spectra Venue Management and the Sioux City Convention Center to Kinseth Compa- ny, Inc., there has been considerable discussion as to the role of the Events Facilities.

The proposed ordinance modifies the current ordinance to reflect the change in management of these facilities. The key components of the revised ordinance are as follows:

• Changing the name of the board to Events Facilities and Tourism Advisory Board.

• Reducing the number of members from eleven (11) to nine (9).

• Changing the make-up of the board to: One (1) member from the Orpheum Preserva- tion Project, Ltd.; three (3) members from the hotel, restaurant, and hospitality industry; one (1) member from the Siouxland Chamber of Commerce or Downtown Part- ners; and four (4) members shall be residents of the City of Sioux City. In addition, one (1) Council member, one (1) representative from Spectra, and one (1) representative from Kinseth will serve as non-voting members.

• Add language directing the new board to facilitate tourism and serve as a member or regional tourism activities, if established.

• Eliminate references to the Events Facilities Director and IBP Ice Center.

The responsibilities of the board will be to provide guidance to the City Council in the areas of facilities management and programming and customer service. In addition, the board will serve to assist in the promotion of tourism in our community through local efforts and through assistance in the development of a regional tourism board.

FINANCIAL IMPACT: N/A

RELATIONSHIP TO STRATEGIC PLAN: Promote Sioux City.

ALTERNATIVES: None.

ATTACHMENTS: Proposed ordinance.

ORDINANCE NO. 2018 - ______

ORDINANCE AMENDING CHAPTER 2.35 ENTITLED “EVENTS FACILITIES ADVISORY BOARD AND EVENTS FACILITIES DIRECTOR” TO REFLECT THE CHANGE IN MANAGEMENT OF THE TYSON EVENTS CENTER, ORPHEUM THEATER AND SIOUX CITY CONVENTION CENTER.

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

Section 1: Section 2.35.010 of the Sioux City Municipal Code is amended to read as follows:

2.35.010 Board created. There is created an eleven a nine-member events facilities and tourism advisory board ("board"), for the purpose of making recommendations on the operation of the Tyson Events Center, the Sioux City Convention Center, Orpheum Theater, IBP Ice Center and tourism bureau in Sioux City ("facilities") consistent with the terms and provisions of this chapter, to be known as the Events Facilities and Tourism Advisory Board. Board members shall serve without compensation but may be reimbursed for the actual expenses incurred in the performance of their office. The main objective of the board shall be to make recommendations on the operation of the Tyson Events Center, the Sioux City Convention Center, Orpheum Theater, IBP Ice Center and tourism and visitor's bureau in a professional and businesslike manner so as to generate optimum revenues from the facilities while minimizing expenses promote the use of the facilities and coordinate the promotion of tourism on a local, regional and state level. The board's principle goal shall be to recommend ways to keep the operating sub- sidy from general tax dollars to the lowest possible amount; at the same time maximize the economic impact of the economy of Sioux City through use of the facilities.

Section 2: Section 2.35.020 of the Sioux City Municipal Code is amended to read as follows:

2.35.020 Appointment and Qualifications. Two One council members and the city manager, one representative from the management firm for the Tyson Event Center, and one representative from the management firm for the Sioux City Convention Center shall, ex officio, be non- voting members of the board. Eleven Nine members of the board shall be appointed by a majority vote of the city council. Board members shall be people who, by virtue of their background, education and experience, have demonstrated their ability to accept responsibility and to use prudent judgment. One member shall be a representative from the board for the Orphe- um Preservation Project, Ltd.; three members shall be representatives from the hotel, restaurant and hospitality industry; one member shall be a representative from the Siouxland Chamber of Commerce or Downtown Partners; and four members shall be residents of the City of Sioux City. Before assuming the duties of office, each board member shall file with the city clerk an oath for the faithful performance of the board member’ s duties.

Section 3: Section 2.35.040 of the Sioux City Municipal Code is amended to read as follows:

2.35.040 Organization of the board. As soon as possible after the appointment of the initial members, the board shall organize for the transaction of business, elect a president, a vice- president, and may elect a secretary from its own membership and adopt bylaws and regulations to govern the proceedings of the board. The city manager and the two council members and representatives from the management firms for the Tyson Events Center and the Sioux City Convention Center may not be an officers of the board. Six members of the board shall constitute a quorum for the transaction of business. All actions of the board shall be by either resolu-

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

tion or motion and the affirmative vote of a majority of the members present shall be necessary for the passage of either action.

Section 4: Section 2.35.060 of the Sioux City Municipal Code is amended to read as follows:

2.35.060 Responsibilities of the board. Except as otherwise provided hereinafter, the board shall make recommendations to the city council and the events facilities director on the operation of the facilities. Specifically, the board shall make recommendations on the following matters: 1. The rules and regulations for the operation of the facilities and box offices; 2 1. The purchase, lease, sale, or exchange of personal property for the benefit and efficient operation of the facilities. 3 2. The rates and fees for the use of the facilities and services. 4. Advertising within the facilities and on behalf of the facilities and events held therein. 5 3. Application for and acceptance of grants or subsidies from any other unit of government. 6. The procurement of insurance as is felt necessary for the protection of the facilities. 7 4. How to actively market and advertise the services offered by the facilities. 8 5. Acceptance of gifts, donations, devises and bequests that may be made to the city for the purpose of establishing, increasing or improving the facilities. 9. The expenditures of the facilities’ revenues and the municipal funds allotted to the facilities. 10 6. The types of events to promote or co-promote activities and events held at the facilities. 11 7. Provide guidance to the city council in the areas of The operation of a tourism and the establishment of a local or regional tourism visitors bureau for the city to promote tourism in the community. 12. The employment of a competent person as director of the facilities who shall be the administrative head of the facilities or to otherwise provide for operation and marketing of the facilities.

Section 5: Section 2.35.070 of the Sioux City Municipal Code is repealed in its entirety.

2.35.070 Events Facilities Department. There is created an Events Facilities Department under the supervision of the city manager. The city manager, with the advice of board, shall ap- point an events facilities director.

Section 6: Section 2.35.080 of the Sioux City Municipal Code is repealed in its entirety.

2.35.080 Responsibilities of the events facilities director. It shall be the responsibility of the events facilities director to: 1. Publish and make known to the public the schedule of fees and charges for all services offered at the facilities, and the rules and regulations governing the public's and promoter's use of the facilities. 2. To cause the preparation of an annual financial audit through appropriate city channels cov- ering program activities and financial status and deliver the same to the city council within 60 days of the end of the fiscal period. 3. Deposit all moneys received with the city treasurer to be credited to the facilities and make all disbursements utilizing the claim and warrant procedures of the city. 4. Expend revenues received consistent with the provisions of any outstanding bond issues. 5. Utilize the city's personnel department and follow the city's policies and procedures in the personnel administration of all facilities employees subject to any outstanding labor contract. 6. Make all purchases of materials, supplies and equipment through the purchasing department of the city and in accordance with city purchasing policies; provided, however, that the purchases of materials, supplies, equipment and services acquired for the purpose of conducting or hosting an event by the board at any city facility shall be purchased by the events facilities director under the supervision of the board.

7. File with the city clerk for public inspection and transmittal to city council copies of agendas and minutes of all board meetings and resolutions duly passed by the board within fourteen days of the meetings at which such action was taken. 8. Prepare a budget for transmittal to the city council for approval and adoption. Budget shall include all proposed expenditures of facility revenues and municipal funds allotted for the facilities. The approved budget will be the working document for administration of the facilities. 9. To utilize all the available services provided by the city and refrain from duplicating them. 10. Employ such persons consistent with the city's position classification and personnel manu- als and limited to positions authorized in the budget as finally approved by the city council. 11. Employ persons at wages and benefits based on appropriate classifications and in accordance with the pay plan adopted by the city.

Section 7: Section 2.35.090 of the Sioux City Municipal Code is repealed in its entirety.

2.35.090 Authority of events facilities director. 1. The council recognizes that the events facilities director must have certain authority to promote the use of the facilities. Therefore, the events facilities director shall have the following authority: a. To advertise the facilities locally and nationally to maximize use. b. To lease and schedule events at the facilities on such terms as the events facilities director determines will maximize revenue to the city. c. To enter into contracts to promote and co-promote events at the facilities, including contracts involving the pledge of money and guarantees. d. To pay the fees of persons and organizations performing at the facilities. e. To issue licenses for exclusive use of suites and for personal seat licenses at the facilities. f. To arrange for food and beverage services at the facilities under such terms as to maximize revenues to the city. g. To enter into agreements with off-site ticket sellers to sell and promote tickets sales at the facilities. h. To purchase contracts of insurance as may be required to comply with requirements of individuals and organizations using the facilities. i. Submit bids which may include guarantees and warranties to acquire conventions and similar events for the facilities. j. To enter into contracts with sales representatives for various services to be performed on behalf of the City for the operation of the Events Facilities Department.

Section 8: The Title of the Chapter shall be renamed Events Facilities and Tourism Advisory Board.

Section 9: Severability Clause. If any of the provisions of this ordinance are for any reason illegal or void, then the lawful provisions of this ordinance, which are separable from said unlawful provisions shall be and remain in full force and effect, the same as if the ordinance contained no illegal or void provisions.

Section 10: Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. These are: Section 2.35.010; Section 2.35.020; Section 2.35.040; Section 2.35.060; Section 2.35.070; Section 2.35.080 and Section 2.35.090 of the Sioux City Municipal Code.

Section 11: Effective Date. This ordinance shall be in full force and effect from and after its final passage and publication as by law provided.

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: May 7, 2018

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

I hereby certify that the foregoing was published in the Sioux City Journal on May 12, 2018

Lisa L. McCardle, City Clerk

ORDINANCE NO. 2018 - ______

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

Section 1: Section 2.35.010 of the Sioux City Municipal Code is amended to read as follows:

2.35.010 Board created. There is created a nine-member events facilities and tourism advisory board ("board"), for the purpose of making recommendations on the operation of the Tyson Events Center, the Sioux City Convention Center, Orpheum Theater, and tourism bureau in Sioux City ("facilities") consistent with the terms and provisions of this chapter, to be known as the Events Facilities and Tourism Advisory Board. Board members shall serve without compensation. The main objective of the board shall be to make recommendations on the operation of the Tyson Events Center, the Sioux City Convention Center, Orpheum Theater, and tourism and visitor's bureau in a professional and businesslike manner so as to promote the use of the facilities and coordinate the promotion of tourism on a local, regional and state level.

Section 2: Section 2.35.020 of the Sioux City Municipal Code is amended to read as follows:

2.35.020 Appointment and Qualifications. One council member, one representative from the management firm for the Tyson Event Center, and one representative from the management firm for the Sioux City Convention Center shall, ex officio, be non-voting members of the board. Nine members of the board shall be appointed by a majority vote of the city council. Board members shall be people who, by virtue of their background, education and experience, have demonstrated their ability to accept responsibility and to use prudent judgment. One member shall be a representative from the board for the Orpheum Preservation Project, Ltd.; three members shall be representatives from the hotel, restaurant and hospitality industry; one member shall be a representative from the Siouxland Chamber of Commerce or Downtown Partners; and four members shall be residents of the City of Sioux City. Before assuming the duties of office, each board member shall file with the city clerk an oath for the faithful performance of the board member’ s duties.

Section 3: Section 2.35.040 of the Sioux City Municipal Code is amended to read as follows:

2.35.040 Organization of the board. As soon as possible after the appointment of the initial members, the board shall organize for the transaction of business, elect a president, a vice- president, and may elect a secretary from its own membership and adopt bylaws and regulations to govern the proceedings of the board. The council member and representatives from the management firms for the Tyson Events Center and the Sioux City Convention Center may not be officers of the board. Six members of the board shall constitute a quorum for the transaction of business. All actions of the board shall be by either resolution or motion and the affirmative vote of a majority of the members present shall be necessary for the passage of either action.

Section 4: Section 2.35.060 of the Sioux City Municipal Code is amended to read as follows:

2.35.060 Responsibilities of the board. Except as otherwise provided hereinafter, the board shall make recommendations to the city council on the operation of the facilities. Specifically, the board shall make recommendations on the following matters: 1. The purchase, lease, sale, or exchange of personal property for the benefit and efficient operation of the facilities. 2. The rates and fees for the use of the facilities and services. 3. Application for and acceptance of grants or subsidies from any other unit of government. 4. How to actively market and advertise the services offered by the facilities. 5. Acceptance of gifts, donations, devises and bequests that may be made to the city for the purpose of establishing, increasing or improving the facilities. 6. The types of events to promote or co-promote activities and events held at the facilities. 7. Provide guidance to the city council in the areas of tourism and the establishment of a local or regional tourism bureau in the community.

Section 5: Section 2.35.070 of the Sioux City Municipal Code is repealed in its entirety.

Section 6: Section 2.35.080 of the Sioux City Municipal Code is repealed in its entirety.

Section 7: Section 2.35.090 of the Sioux City Municipal Code is repealed in its entirety.

Section 8: The Title of the Chapter shall be renamed Events Facilities and Tourism Advisory Board.

Section 11: Effective Date. This ordinance shall be in full force and effect from and after its final passage and publication as by law provided.

PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: May 7, 2018

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

I hereby certify that the foregoing was published in the Sioux City Journal on May 12, 2018

Lisa L. McCardle, City Clerk