NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA

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1 NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA City Council agendas are also available on the Internet at You are hereby notified a meeting of the City Council of the City of Sioux City, Iowa, will be held Monday, January 14, 2019, 4:00 p.m., local time, in the Council Chambers, 5th Floor, City Hall, 405 6th Street, Sioux City, Iowa, for the purpose of taking official action on the agenda items shown hereinafter and for such other business that may properly come before the Council. This is a formal meeting during which the Council may take official action on various items of business. If you wish to speak on an item, please follow the seven participation guidelines adopted by the Council for speakers: 1. Anyone may address the Council on any agenda item. 2. Speakers should approach the microphone one at a time and be recognized by the Mayor. 3. Speakers should give their name, spell their name, give their address, and then their statement. 4. Everyone should have an opportunity to speak. Therefore, please limit your remarks to three minutes on any one item. 5. At the beginning of the discussion on any item, the Mayor may request statements in favor of an action be heard first followed by statements in opposition to the action. 6. Any concerns or questions you may have which do not relate directly to a scheduled item on the agenda will also be heard under Citizen Concerns. 7. For the benefit of all in attendance, please turn off all cell phones and other communication devices while in the City Council Chambers. 1. Call of the Roll - Silent Prayer and Pledge of Allegiance to the Flag - Proclamations 2. Interview for the Active Transportation Advisory Committee: Korey Smith. CONSENT AGENDA Items 3 through 10C constitute a Consent Agenda. Items pass unanimously unless a separate roll call vote is requested by a Council Member. 3. Reading of the City Council minutes of January 7, (CLOSED, REGULAR) 4. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS A. IDOT - Resolution authorizing the execution of the Federal-Aid Agreement for a Transportation Alternatives Program (TAP) Project Iowa DOT Agreement Number 19- TAP-132, Project Number TAP-U-7057(700) and RT-MCTL(66) 9H-97 with the Iowa Department of Transportation in Connection with the Big Sioux River/Highway 12 Trail Project. B. N SIOUX - Resolution approving a contract for transportation services between City of North Sioux City, South Dakota, and the City of Sioux City, Iowa.

2 C. SUBSURFCO - Resolution awarding and approving a contract to SuBSurfco, LLC of South Sioux City, Nebraska in the amount of $2,697, for Phase 1 of the Western Hills to Indian Hills Pressure Zone and Tank Demolition Project. (Project No ) D. PENRO - Resolution awarding and approving a contract to Penro Construction Company, Inc. of Pender, Nebraska in the amount of $3,004, for Phases 2 & 3 of the Western Hills to Indian Hills Pressure Zone and Tank Demolition Project (Project No ) 5. ACTIONS AUTHORIZING THE ISSUANCE OF CHECKS A. HCI - Resolution approving Change Order No. 4, accepting the work, and authorizing final payment to HCI Construction for the City Fuel Island Project. (Project No ) B. KP - Resolution accepting the work and authorizing final payment to KP Construction, Inc. for the 2018 Annual Sidewalk Ramp Program. (Project No ) C. TORT CLAIM - Resolution approving settlement of a tort claim and authorizing payment. (Denning Transportation, Inc.) D. WORKER S COMP - Resolution approving settlement of a worker s compensation claim and authorizing payment thereof. (Moore) 6. APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES A. EFFECTIVE FISCAL AND PUBLIC POLICY - Motion reappointing Dee Davis to the Effective Fiscal and Public Policy Committee for a three-year term expiring December 31, B. EFFECTIVE FISCAL AND PUBLIC POLICY - Motion appointing Jonathan Smith to the Effective Fiscal and Public Policy Committee for a three-year term expiring December 31, 2021, replacing Ann Brodersen. C. ENVIRONMENTAL ADVISORY BOARD - Motion reappointing Sara Steussy to the Environmental Advisory Board for a three-year term expiring December 31, D. HUMAN RIGHTS COMMISSION - Motion appointing Donald Scarlett to the Human Rights Commission for a partial three-year term expiring June 30, 2021, replacing Jean Graham. E. PARKS AND RECREATION - Motion appointing Kathie Pfaffle to the Parks and Recreation Advisory Board for a three-year term expiring December 31, 2021, replacing Brent Ruch. F. PARKS AND RECREATION - Motion appointing Raymond Thomas to the Parks and Recreation Advisory Board for a three-year term expiring December 31, 2021, replacing Chris Boesch, upon due consideration of the circumstances the City Council waives the policy that members must be resident electors of Sioux City.

3 G. PARKS AND RECREATION - Motion appointing Sara Wiedenfeld to the Parks and Recreation Advisory Board for a three-year term expiring December 31, 2021, replacing Joseph Riker. H. YAMANASHI CITY - Motion reappointing Azusa Allard to the Yamanashi City Sister City Committee for a three-year term expiring December 31, I. YAMANASHI CITY - Motion reappointing Randy Hansen to the Yamanashi City Sister City Committee for a three-year term expiring December 31, PURCHASING A. GRAYBAR - Resolution awarding a purchase order to Graybar Electric Co. Inc. of Sioux Falls, South Dakota, in the amount of $34, for the purchase of 90 LED light fixtures. (Bid No ) B. NYSTROM - Resolution awarding a Service Provider Agreement to Nystrom Electric of Sioux City, Iowa in the amount of $5,220 to install 90 LED fixtures on City streets. (Bid No ) C. KNOEPFLER - Resolution awarding a purchase order to Knoepfler Chevrolet of Sioux City, Iowa in the amount of $31,850 for the purchase of one (1) 2019 Chevrolet Cargo Express Van. (RFQ No ) D. HIWAY - Resolution awarding a purchase order to Hiway Truck Equipment of Fort Dodge, Iowa in the amount of $31,100 for the purchase of two (2) Henke wheel loader snow plows. (RFQ No ) 8. TOTAL CHECKS - Approve total checks issued for the reporting period of December 2018, in the amount of $16,047, APPLICATIONS FOR BEER AND LIQUOR LICENSES A. ON-PREMISE SALES 1. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) a. Chipotle Mexican Grill, 5001 Sergeant Rd (Renewal) b. Hamilton Bar and Grill, 1790 Hamilton Boulevard (Renewal) c. Orpheum Theatre, Pierce Street (Renewal) d. Prince s Tavern, 1920 Center Street (Add Privilege; Sunday Sales) e. RNavarrete s Mexican Food, 2421 Riverside Boulevard (New) 2. CLASS B BEER PERMIT (beer/carry-out beer/wine coolers) a. Natalia s Bakery, 2025 Court Street (Renewal) 10. BOARD, COMMISSION, AND COMMITTEE MINUTES A. Civil Service Commission November 6, 2018 B. Parks and Recreation Advisory Board November 7 and December 5, 2018 C. Woodbury County Information and Communication Commission December 12, End of Consent Agenda -

4 RECOMMENDATIONS OF PLANNING AND ZONING 11. Ordinance vacating the west half of the east/west alley in the block bounded by Lewis Boulevard, 10th Street, 11th Street and Dubuque Street. The Planning and Zoning Commission recommends denial of this item (File No ) (First Consideration passed January 7, 2019) HEARINGS 12. Hearing and Resolution accepting the proposals of MidAmerican Energy Company for the granting of Underground Electric Easements in certain land in the Combined Central Sioux City -CBD Urban Renewal Area. (portions of 220 Pierce Street and 225 Nebraska Street) DISCUSSION 13. Resolution authorizing and directing the Mayor and City Clerk to execute a 28E Agreement for medical emergency response services between the Sioux City EMS, a division of the City of Sioux City, Iowa and South Sioux City, Nebraska. 14. Resolution authorizing and approving a Subordination Agreement between Heritage Bank National Association and the City of Sioux City in connection with the 48 South LLC residential project located at 4800 Southern Hills Drive, Sioux City, Iowa. (Deferred from January 7, 2019) (Motion requested to defer this item to January 28, 2019) 15. Resolution approving Amendment No. 1 to the Consulting Services Agreement with HR Green, Inc. for additional inspection services in connection with the Bridgeport West Improvements Project (Project No ) in an amount not to exceed $23,396. (Deferred from December 10, 2018) PRESENTATION 16. Chris Larsen Park Riverfront Development Project 17. CITIZEN CONCERNS 18. COUNCIL CONCERNS 19. ADJOURNMENT City Council agendas are also available at 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) This notice is provided as required by Title II of the Americans with Disabilities Act of 1990.

5 CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION x Regular Session Closed Session MEETING DATE: January 14, 2019 ACTION ITEM # 2 FROM: Lisa L. McCardle, City Clerk Heidi Farrens, Deputy City Clerk SUBJECT: Interview for the Active Transportation Advisory Committee: Korey Smith. Reviewed By: x Department Director Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully requests that City Council interview the applicant listed for vacant positions on the Active Transportation Advisory Committee. DISCUSSION: Active Transportation Advisory Committee - there are 9 positions available on this newly created Board. Korey Smith has not previously served on any of the City Council appointed Boards, Commissions or Committees. Below is a portion of the Vacancy Report pertinent to the Active Transportation Advisory Committee: 9 Vacancies: NAME Active Transportation Advisory Committee Vacancy Information EXPIRES 9 Members: NAME Term (3 Year) Appointment Expires 12/31/20 12/31/20 12/31/20 12/31/21 12/31/21 12/31/21 12/31/22 12/31/22 12/31/22 5 Applications: NAME Robert DeSmidt (bicycling/trails) Michelle Bostinelos (SIMPCO) Application Received Interview date/notes App Expires 11/19/18 12/10/18 05/19/20 12/03/18 12/17/18 06/03/20

6 Angela Drent (health/wellness & ADA) Judy Bonertz (Health/Wellness & Bicycling/Trails) Korey Smith (SIMPCO/ Health/Wellness & Bicycling/Trails) 12/04/18 12/10/18 06/04/20 12/24/18 01/07/19 06/24/20 01/08/19 01/14/19 07/14/20 FINANCIAL IMPACT: None. RELATIONSHIP TO STRATEGIC PLAN: Interviewing and appointing citizens to various Boards, Commissions, and Committees shows our effort to incorporate citizen input in Municipal Government. Relates to Progressive Leadership Vision - We will use formal and informal methods to engage the Council, our employees, and our customers to promote enhanced organizational engagement and commitment to our shared vision; also relates to Strategy - Develop strong partnerships with our residents, visitor s and business community. As stewards of the City of Sioux City we will strive to enhance connectivity with citizens and businesses Encourage resident engagement within the community. ALTERNATIVES: Staff respectfully requests Council interview all Board, Commission and Committee applicants; Council may then choose to appoint or not to appoint each interviewee per their individual preference. City Clerk s staff will collect preferences from Council after all applicants for each Board, Commission and Committee have interviewed and the expiration dates of the terms to be filled have passed. ATTACHMENTS: Applications

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11 CITY COUNCIL CHAMBERS SIOUX CITY, IOWA JANUARY 7, 2019 A Closed Session of the City Council was held at 3:00 p.m. The following Council Members were present on call of the roll: Capron, Groetken, Moore, Scott, and Watters. Absent: None. Staff members present included: Robert Padmore, City Manager; Nicole M. DuBois, City Attorney; and Lisa McCardle, City Clerk. Motion by Scott, seconded by Moore, 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 enter closed session to discuss strategy in matters relating to employment conditions of employees of the City covered by a collective bargaining agreement; all voting aye. Motion by Scott, seconded by Moore, that Council return to open session at 4:01 p.m.; all voting aye. ADJOURNMENT There being no further business, the meeting was adjourned at 4:01 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 u:\cityagenda\minutes and Agendas\Council Minutes\2019\010719csm

12 CITY COUNCIL CHAMBERS SIOUX CITY, IOWA JANUARY 7, The Regular Meeting of the City Council was held at 4:02 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, read a proclamation acknowledging January 2019 as Slavery and Human Trafficking Awareness and Prevention Month and encouraging citizens to become more familiar with the problem and work towards a solution; Sister Mary Day accepted the proclamation. 2. The Council interviewed the following applicants for positions on Boards, Commissions, and Committees as follows: A. Active Transportation Advisory Committee: Judy Bonertz B. Art Center Board of Trustees: Peggy La C. Building and Housing Code Board: Kimberly Willer D. Gjilan Kosovo Sister City Committee: Bryon Adams Jr. and Jim Jung E. Parking and Skywalk System Board of Trustees: Ragen Cote; Brian Fahrendholz was unable to appear for his interview, he will be rescheduled at a later date. F. Yamanashi City Sister City Committee: Julie Hoss CONSENT AGENDA Motion by Scott, seconded by Moore, to adopt the Consent Agenda; all voting aye. Items 3 through 14H are approved unanimously unless specifically noted after the item. 3. Reading of the City Council minutes of December 17 and 20, Reading of the minutes of December 17 and 20, 2018, was waived and as part of the consent agenda the minutes were approved as presented. 4. BOA - Motion acknowledging Board of Adjustment actions of December 12, CITY CODE - Resolution adopting the 2018 Fourth Quarter Supplement to the Sioux City Municipal Code covering ordinances through Ordinance No SAFE HOME - Resolution authorizing Sioux City Fire Rescue to submit a grant application to the Department of Homeland Security for a FY2018 Fire Prevention and Safety Grant in the amount of $24,922 for the purpose of purchasing 781 smoke alarms for use in the SAFE Home Program

13 7. RIVERSIDE POOL - Resolution adopting plans, specifications, form of contract, and estimated cost for the Riverside Park Swimming Pool Recoating Project. (Project No ) (1301 Riverside Boulevard) WWTP - Resolution amending the Position Classification Manual adopted by Resolution No. S by approving and adopting an updated job description for Wastewater Treatment Plant Maintenance Mechanic, Class Code IV UTILITY SERVICE - Resolution approving Change Order No. 1, accepting the work and authorizing final payment to Utility Service Company Inc. of Perry, Georgia for the Singing Hills Ground Storage Reservoir Exterior Painting Project. (Project No ) STIVERS FORD - Resolution awarding a purchase order to Ed Stivers Ford Inc. of Waukee, Iowa, in the amount of $46,107 for the purchase of two (2) 2019 Ford Escapes. (RFQ No ) ACTIONS RELATING TO AGREEMENTS AND CONTRACTS A. GROUND EFFECTS - Resolution approving Change Order No. 2 to the contract with Ground Effects of Sioux Center, Iowa, in the amount of $3,700 for additional construction administration and observation time for the Rose Hill Park Improvements and Expansion Project. (Project No. 6930B ) B. CARRINGTON - Resolution authorizing and approving a subordination agreement between Carrington Mortgage Services, LLC and the City of Sioux City in connection with the remediation of lead based paint at th Street, Sioux City, Iowa C. RS&H - Resolution approving Amendment No. 1 to Work Order No. 33 with RS&H Iowa, P.C. in an amount not to exceed $13,322 for additional environmental assessment services for a land release at the Sioux Gateway Airport/Col. Bud Day Field. (Project ) D. DMT - Resolution awarding and approving a contract to DMT Clear Gas Solutions, LLC of Tualatin, Oregon in the amount of $1,699,999 for goods and services provided for the Renewable Fuels Equipment Procurement No. 2 Project (Project No ) in Sioux City, Iowa ACTIONS RELATING TO PROPERTY A. ROSE HILL - Resolution inviting proposals for the sale of land in the Rose Hill Urban Renewal Area, announcing the intent to accept the proposal of Nuno Real Estate LLC, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (vacated east/west alley abutting 1312 Grandview Boulevard)

14 Request by Groetken to pull the item from the Consent Agenda for a separate vote; the resolution was moved and seconded as part of the Consent Agenda; Capron, Moore, Scott, and Watters voting aye; Groetken voting nay. B. AGRI-TRADING - Resolution approving a First Amendment to Limited Track and Land Use Agreement with Agri-Trading Corporation for use of portions of the City-Owned Rail Yard and adjacent property located on Alicia Avenue in the Southbridge Business Park C. IEDA - Resolution authorizing and approving an Acknowledgement and Reimbursement Agreement with the Iowa Economic Development Authority regarding the certification of City-owned property in the Southbridge Business Park. (2229 Alicia Avenue) APPLICATIONS FOR BEER AND LIQUOR LICENSES A. ON-PREMISE SALES 1. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) a. Bootleggers, 421 Pearl Street (New) b. Las Palmas, 2600 Myrtle Street (New) B. OFF PREMISE SALES 1. CLASS C BEER PERMIT (beer/wine coolers) a. Hong Kong Supermarket, 511 West 7th Street (New) b. La Hacienda, 1100 Steuben Street (Renewal) 2. CLASS E LIQUOR LICENSE (liquor only) a. Las Palmas, 2600 Myrtle Street (New) 14. BOARD, COMMISSION, AND COMMITTEE MINUTES A. Airport Board of Trustees October 10 and November 15, 2018 B. Art Center Board of Trustees December 12, 2018 C. Environmental Advisory Board November 8, 2018 D. Events Facilities and Tourism Advisory Board December 7, 2018 E. Library Board of Trustees December 12, 2018 F. Parking and Skywalk System Board of Trustees December 19, 2018 G. Woodbury County Information and Communication Commission November 14, 2018 H. Yamanashi City Sister City Committee June 21, September 20, October 18, and November 15, 2018 End of Consent Agenda -

15 RECOMMENDATIONS OF PLANNING AND ZONING 15. Hearing and Ordinance vacating a portion of Pierce Street adjacent to 2720 and 2801 Pierce Street. (Petitioner: City of Sioux City) The Planning and Zoning Commission recommends approval of this item. (File No ) Michelle Bostinelos, Planning and Zoning Commission Chair, provided information on the item. Motion by Scott, seconded by Moore, to close the hearing and pass first consideration of the ordinance; all voting aye. On motion by Scott, seconded by Capron, all voting aye; the Statutory Rule requiring that an ordinance be considered at three separate meetings was suspended. On motion by Scott, seconded by Capron, the ordinance passed second and third considerations; all voting aye. 16. Ordinance dedicating and naming the realigned unnamed right-of-way adjacent to 2720 and 2801 Pierce Street as "Pierce Street". (Petitioner: City of Sioux City) The Planning and Zoning Commission recommends approval of this item. (File No ) Michelle Bostinelos, Planning and Zoning Commission Chair, provided information on the item. The ordinance was considered on motion by Scott, seconded by Moore, to pass first consideration; all voting aye. On motion by Scott, seconded by Capron, all voting aye; the Statutory Rule requiring that an ordinance be considered at three separate meetings was suspended. On motion by Scott, seconded by Watters, the ordinance passed second and third considerations; all voting aye. 17. Ordinance amending several chapters in Title 25 of the Sioux City Municipal Code entitled Zoning and Sign Code to change automobile sales in the Public and Institutional Zoning Districts to limited uses; reduce front and interior side yard setbacks for single family and multiple family lots; allow off-premise advertising signs in Suburban Commercial Zoning Districts; give authority to City Manager to review surface requirements for parking lots and reduce sidewalk width requirements for parking spaces that abut a curb or edge of pavement. (Petitioner: City of Sioux City) The Planning and Zoning Commission recommends approval of this item. (File No ) Michelle Bostinelos, Planning and Zoning Commission Chair, provided information on the item. The ordinance was considered on motion by Scott, seconded by Moore, to pass first consideration; all voting aye.

16 On motion by Scott, seconded by Moore, all voting aye; the Statutory Rule requiring that an ordinance be considered at three separate meetings was suspended. On motion by Scott, seconded by Capron, the ordinance passed second and third considerations; all voting aye. 18. Hearing and Ordinance rezoning 2001 Leech Avenue, 2001 ½ Leech Avenue and 2001 Dace Avenue from Zone Classification GC (General Commercial) to Zone Classification BP (Business Park). (Petitioner: Lindbloom Services Inc. and the City of Sioux City) The Planning and Zoning Commission recommends approval of this item. (File No ) Michelle Bostinelos, Planning and Zoning Commission Chair, provided information on the item. Motion by Scott, seconded by Moore, to close the hearing and pass first consideration of the ordinance; all voting aye. On motion by Scott, seconded by Capron, all voting aye; the Statutory Rule requiring that an ordinance be considered at three separate meetings was suspended. On motion by Scott, seconded by Capron, the ordinance passed second and third considerations; all voting aye. 19. Hearing and Ordinance rezoning 1002 Lewis Boulevard from Zone Classification SC (Suburban Commercial) to Zone Classification GC (General Commercial) (Petitioner; Erick Reyes & Cliff Tufty) The Planning and Zoning Commission recommends approval of this portion of item (File No ) Michelle Bostinelos, Planning and Zoning Commission Chair; Brent Nelson, Sr Planner; and Jeff Hanson, Community Development Operations Manager; provided information on the item. Ron, Jessie, and Amber Holmes, th St; Cliff Tufty, 125 W 34th St; and Erick Reyes, 3226 Myrtle St; spoke on the item. Motion by Scott, seconded by Watters, to close the hearing and pass first consideration of the ordinance; all voting aye. On motion by Scott, seconded by Capron, all voting aye; the Statutory Rule requiring that an ordinance be considered at three separate meetings was suspended. On motion by Scott, seconded by Capron, the ordinance passed second and third considerations; all voting aye.

17 20. Hearing and Ordinance rezoning 1012, 1016 and 1020 Lewis Boulevard from Zone Classification NC.4 (Neighborhood Conservation, 5,000 square feet per unit minimum) to Zone Classification GC (General Commercial). The Planning and Zoning Commission recommends denial of this portion of item (File No ) Michelle Bostinelos, Planning and Zoning Commission Chair, provided information on the item. Motion by Scott, seconded by Groetken, to close the hearing and pass first consideration of the ordinance; all voting aye. On motion by Scott, seconded by Capron, all voting aye; the Statutory Rule requiring that an ordinance be considered at three separate meetings was suspended. On motion by Scott, seconded by Capron, the ordinance passed second and third considerations; all voting aye. 21. Hearing and Ordinance vacating the west half of the east/west alley in the block bounded by Lewis Boulevard, 10th Street, 11th Street and Dubuque Street. The Planning and Zoning Commission recommends denial of this item (File No ) Michelle Bostinelos, Planning and Zoning Commission Chair; and Brent Nelson, Sr Planner; provided information on the item. Motion by Scott, seconded by Capron, to close the hearing and pass first consideration of the ordinance; all voting aye. 22. Ordinance dedicating and naming 87,894.0 square feet of unnamed right-of-way located south of Ravine Park Drive and north of Houlihan Run as "S. Cypress Street". (Petitioner: The City of Sioux City) The Planning and Zoning Commission recommends approval of this item. (File No ) Michelle Bostinelos, Planning and Zoning Commission Chair, provided information on the item. The ordinance was considered on motion by Scott, seconded by Moore, to pass first consideration; all voting aye. On motion by Scott, seconded by Moore, all voting aye; the Statutory Rule requiring that an ordinance be considered at three separate meetings was suspended. On motion by Scott, seconded by Capron, the ordinance passed second and third considerations; all voting aye.

18 HEARINGS 23. Hearing and Resolution withdrawing the civil penalty of $1,500 and the thirty (30) day suspension against Sarg Incorporated doing business as Sarg s Mini Mart, 2329 West 2nd Street, Sioux City, Iowa for violation of the Iowa cigarette laws pursuant to Iowa code section 453A.22(3) No protests were received. The hearing was closed and the proposed resolution adopted on motion by Scott, seconded by Capron; all voting aye. 24. Hearing and Resolution approving plans, specifications, form of contract, and estimated cost for the Zenith Water Treatment Plant Permanganate Improvements Project. (Project No ) No protests were received. The hearing was closed and the proposed resolution adopted on motion by Scott, seconded by Capron; all voting aye. 25. Hearing and Resolution approving proposal to grant an easement. (That part of vacated John Street lying between 2101 and 2015 Plum Creek Road) (Petitioner: Lisa R. Frink and Jay O. Oellien) (purchase price: mutual benefits) No protests were received. The hearing was closed and the proposed resolution adopted on motion by Scott, seconded by Moore; all voting aye. 26. Hearing and Resolution approving proposal to sell certain real property and authorizing a City Deed. (That part of vacated John Street abutting the northwesterly portion of 2015 Plum Creek Road) (Petitioner: Lisa R. Frink and Jay O. Oellien) (purchase price: $1,500 plus costs) No protests were received. The hearing was closed and the proposed resolution adopted on motion by Scott, seconded by Groetken; all voting aye. 27. Hearing and Resolution approving proposal to sell certain real property and authorizing a City Deed. (That part of vacated John Street abutting the southeasterly portion of 2101 Plum Creek Road) (Petitioner: Sylvia T. Castle) (purchase price: $ plus costs) No protests were received. The hearing was closed and the proposed resolution adopted on motion by Scott, seconded by Moore; all voting aye. 28. Hearing and Resolution accepting the proposal of MidAmerican Energy Company for the granting of an Underground Electric Easement in certain land in the Donner Park Urban Renewal Area and rescinding all conflicting resolutions. (property commonly known as 5931 Pershing Street) No protests were received. The hearing was closed and the proposed resolution adopted on motion by Scott, seconded by Watters; all voting aye.

19 29. Hearing and Resolution approving plans, specifications, form of contract, and estimated cost for construction of the Martin Building Areaway Improvements Project. (Project No ) No protests were received. The hearing was closed and the proposed resolution adopted on motion by Scott, seconded by Capron; Capron, Groetken, Scott, and Watters voting aye; Moore abstaining due to a conflict of interest. DISCUSSION 30. Resolution accepting the work and authorizing final payment to Grundman-Hicks, LLC for the Rose Hill Park Improvements and Expansion Project. (Project No. 6930B ) Motion by Scott, seconded by Moore, to adopt the proposed resolution; all voting aye. 31. Resolution accepting the work and authorizing final payment to Century Fence Company for the South Perimeter Fence Construction Project. (Project No ) Motion by Scott, seconded by Moore, to adopt the proposed resolution; all voting aye. 32. Resolution authorizing and approving a Subordination Agreement between Heritage Bank National Association and the City of Sioux City in connection with the 48 South LLC residential project located at 4800 Southern Hills Drive, Sioux City, Iowa. Motion by Scott, seconded by Moore, to defer this item to January 14, 2019; all voting aye. 33. CITIZEN CONCERNS There were no citizen concerns. 34. COUNCIL CONCERNS Groetken stated Neighborhood Family Fun Night will be held this Friday, January 11th, at Long Lines Family Rec Center, there will be lots of fun activities and no cost to attend. Groetken also stated he received an inquiry about starting a pen-pal-type communication with the members of the USS Sioux City Naval Ship and wondered who he would speak to about getting it started; Groetken requested Padmore post information on the City website pertaining to the USS Sioux City. Watters stated the Sioux City Growth Organization will hold their first meeting of the year on Wednesday, January 9th, at United Way over the lunch hour and encouraged everyone to attend.

20 Moore stated his family members went to Cone Park last Saturday and had great things to say about the experience, they complimented the helpful staff and said they had a wonderful time; Moore congratulated Matt Salvatore, Parks and Recreation Director, on Cone Park, a job well-done. Scott stated he feels the Parks and Recreation Department and the Airport need their own websites separate from the main City website; Salvatore stated they have initiated a separate site for Cone Park; Scott stated the separate site should be for the entire department and include all activities they offer; Salvatore stated he would look into it. 35. ADJOURNMENT There being no further business, the meeting was adjourned at 5:18 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 u:\cityagenda\minutes and Agendas\Council Minutes\2019\010719m

21 CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION x Regular Session Study Session Closed Session MEETING DATE: January 14, 2019 ACTION ITEM # 4A FROM: Matt Salvatore, Parks and Recreation Director SUBJECT: Resolution authorizing the execution of the Federal-Aid Agreement for a Transportation Alternatives Program (TAP) Project Iowa DOT Agreement Number 19-TAP-132, Project Number TAP-U-7057(700) and RT- MCTL(66) 9H-97 with the Iowa Department of Transportation in Connection with the Big Sioux River/Highway 12 Trail Project. Reviewed By: x Department Director Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully requests City Council approve a resolution authorizing the execution of a Federal-Aid Agreement for a Transportation Alternatives Program (TAP) Project between the City of Sioux City and the Iowa Department of Transportation. DISCUSSION: The Parks and Recreation Department is requesting the approval of a Federal-Aid Agreement for a Transportation Alternatives Program (TAP) Project between the City of Sioux City and the Iowa Department of Transportation for the Big Sioux/Highway 12 Trail Project. The agreement shall require the development of the Big Sioux River/Highway 12 Trail Project, a 1.2-mile recreational trail. The proposed trail route will follow the Loess Hills scenic by-way, around the Milwaukee Railroad Museum, along Highway 12, and connect at Military Road. The proposed trail project will support the Sioux City Trail System and will provide continuous trail connections to both residential and commercial destinations. As terms of the agreement, the City of Sioux City shall receive reimbursement for costs of the authorized and approved eligible project under the Iowa s TAP program from TA Set-aside funds. The portion of the project cost reimbursed with TA Set-aside funds shall be limited to a maximum of either 80% of eligible cost or the amount listed of $300,000 in the Sioux City Metropolitan Planning Council (SIMPO) current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), or whichever is less. Eligible project costs in excess of the reimbursable amount of TAP funding will be considered the local contribution and may include cash, non-cash or approved State fund contributions and must equal a minimum of 20% of the eligible project costs. Additionally, as terms of the agreement, the City of Sioux City shall receive reimbursement for cost approved as eligible by the Department from SRT funds. The portion of total project costs reimbursed with SRT funds shall be limited to a maximum of either 75% of eligible costs

22 (other than those reimbursed with other state or federal funds) or the amount approved of $151,891, whichever is less. The City of Sioux City must let the contract or have construction started within two years of October 1, The City will be in default if this is not achieved for which the DOT will revoke the funding commitments. The agreement may be extended for periods of up to six months upon written request at least sixty (60) days prior to the deadline. FINANCIAL IMPACT: The Transportation Alternatives Program (TAP) Project funding of $451,891 will be allocated toward the Big Sioux River/Highway 12 Trail project CIP # with a cash balance of $408,356. The estimated project cost is $785,000. ALTERNATIVES: N/A ATTACHMENTS: Resolution Proposed Trail Map Transportation Alternatives Program Agreement

23 RESOLUTION NO with attachments RESOLUTION AUTHORIZING THE EXECUTION OF THE FEDERAL-AID AGREEMENT FOR A TRANSPORTATION ALTERNATIVES PROGRAM (TAP) PROJECT IOWA DOT AGREEMENT NUMBER 19-TAP-132, PROJECT NUMBERS TAP-U-7057(700) AND RT-MCTL(66) 9H-97 WITH THE IOWA DEPARTMENT OF TRANSPORTATION IN CONNECTION WITH THE BIG SIOUX RIVER/HIGHWAY 12 TRAIL PROJECT. WHEREAS, the Iowa Department of Transportation and the City of Sioux City desire to execute an agreement for the Big Sioux River/Highway 12 Trail Project; and WHEREAS, there is attached hereto and by this reference made a part hereof, a copy of Federal-Aid Agreement for a Transportation Alternatives Program (TAP) Project Iowa DOT Agreement Number 19-TAP-132, Project Numbers TAP-U-7057(700) and RT- MCTL(66) 9H-97 setting forth the terms and conditions, which Agreement Number 19-TAP- 132, Project Numbers TAP-U-7057(700) and RT-MCTL(66) 9H-97 should be approved as to form and content. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that Federal-Aid Agreement for a Transportation Alternatives Program (TAP) Project Iowa DOT Agreement Number 19-TAP-132, Project Numbers TAP-U-7057(700) and RT-MCTL(66) 9H-97 between the City of Sioux City and the Iowa Department of Transportation for the Big Sioux River/Highway 12 Trail Project, as referred to in the preamble hereof, be and the same is hereby approved. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby authorized and directed to execute said Federal-Aid Agreement for a Transportation Alternatives Program (TAP) Project Iowa DOT Agreement Number 19-TAP-132, Project Numbers TAP-U-7057(700) and RT-MCTL(66) 9H-97 for and on behalf of the City. PASSED AND APPROVED: January 14, 2019 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk

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37 Regular Session Study Session Closed Session CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION MEETING DATE: January 14, 2019 ACTION ITEM # 4B FROM: Mike Collett, Assistant City Manager SUBJECT: Resolution approving a contract for transportation services between City of North Sioux City, South Dakota, and the City of Sioux City, Iowa. Reviewed By: x Department Director x Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully requests Council to approve a resolution for contracting transit services in North Sioux City, South Dakota during FY19. DISCUSSION: The Transit System annually contracts with the City of North Sioux City for transportation services. Bus service is provided to the public in North Sioux City from 6:00 a.m. to 6:00 p.m. Monday Friday, and 7:00 a.m. to 6:00 p.m. on Saturday. Paratransit service is provided during the same days and hours. The City of North Sioux City provided a direct subsidy payment amount of $23, in FY18. The FY19 subsidy amount is $24, to provide public transportation to their residents. FINANCIAL IMPACT: The contracted service amount is $24, for FY19. The City of North Sioux City further agrees to pay $2.21 per mile for additional route miles driven due to the bridge closure and related construction. This will amount to approximately $4, per month. The Transit System also received approximately $93, in FTA Section 5307 operating funds for services provided in North Sioux City, in the prior fiscal year. This contract has a positive impact on the Transit operations and was included in the approved FY19 budget. RELATIONSHIP TO STRATEGIC PLAN: This is part of the City Infrastructure Vision; Commit to providing a public transit system to connect residents with affordable and accessible mobility regarding social, medical, educational, and economic purposes. ALTERNATIVES: The alternative would be to eliminate the transportation service in North Sioux City, South Dakota. Elimination of this service would result in a loss of the South Dakota portion of the Section 5307 federal operating funding and other related revenue which more than offsets the cost of providing the service.

38 ATTACHMENTS: Resolution Contract for transportation services between City of North Sioux City, South Dakota and the City of Sioux City, Iowa. Riverside Bus Route Schedule Riverside City Bus Route Map

39 RESOLUTION NO with attachments RESOLUTION APPROVING A CONTRACT FOR TRANSPORTATION SERVICES BETWEEN CITY OF NORTH SIOUX CITY, SOUTH DAKOTA, AND THE CITY OF SIOUX CITY, IOWA. WHEREAS, the City of Sioux City, Iowa, as operator of the Sioux City Transit System, provides transportation services in the vicinity of Sioux City, Iowa; and WHEREAS, such transportation services are additionally provided in the City of North Sioux City, South Dakota, at such City's request; and WHEREAS, a Contract for Transportation Services, a copy of which is attached hereto and by this reference incorporated herein, 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 Contract for Transportation Services between the City of North Sioux City, South Dakota, and the City of Sioux City, Iowa, referred to in the preamble hereof, be and the same is hereby approved as to form and content. BE IT FURTHER RESOLVED that the Mayor be and he is hereby authorized and directed to execute such contract for and on behalf of the City of Sioux City, Iowa. PASSED AND APPROVED: January 14, 2019 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk

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45 CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION x Regular Session Study Session Closed Session MEETING DATE: January 14, 2019 ACTION ITEM # 4C-D Brad Puetz, Water Plant Superintendent FROM: Mark Simms, Utilities Director SUBJECT: Resolution awarding and approving a contract to SuBSurfco, LLC of South Sioux City, Nebraska in the amount of $2,697, for Phase 1 of the Western Hills to Indian Hills Pressure Zone and Tank Demolition Project (Project No ). Resolution awarding and approving a contract to Penro Construction Company, Inc. of Pender, Nebraska in the amount of $3,004, for Phases 2 & 3 of the Western Hills to Indian Hills Pressure Zone and Tank Demolition Project (Project No ). Reviewed By: x Department Director Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully requests Council award and approve contracts to SuBSurfco, LLC of South Sioux City, Nebraska in the amount of $2,697,568.20, and Penro Construction Company, Inc. of Pender, Nebraska in the amount of $3,004, for the construction of the Western Hills to Indian Hills Pressure Zone and Tank Demolition Project (Project No ) DISCUSSION: The project consists of new water main construction. Phase 1 extends along 37 th Street from Jennings Street to Nebraska Street, then along Nebraska Street from 37 th Street to 38 th Street Place; then along 38 th Street Place / West 38 th Street from Nebraska Street to Sylvian Way and Maplewood Street. Phase 2 will complete the connection from Plum Creek Road down Talbot Road to West 28 th Street to Prescott Street to Military Road. Phase 3 will complete the connection along Plum Creek Road from Broken Kettle Road to Talbot Road. The new main construction will eliminate the need for the Western Hills Pressure Zone and tank by increasing pressures via the Indian Hills Pressure Zone. In turn, those residents whose water pressure will be increased will be notified via a letter from the Engineer. Based on previous discussions with Council and bid results, staff s recommendation is to award all three phases of the project as 16 DR14 PVC pipe utilizing the trenched installation method, also labeled as Alternate Bid 2, Phase 1 and Alternate Bid 2 Phase 2 & 3. The Notice of Public Hearing was advertised on December 1, 2018 and December 8, The public hearing was held on December 17, This project has a completion date of November 1, 2019 for Phase 1 and June 20, 2020 for Phase 2 & Phase 3.

46 The project was bid on December 18, Two (2) bids were received for Alternate Bid 2, Phase 1 and three (3) bids were received for Alternate Bid 2, Phase 2 & 3. The full bid tab is attached including bids for all phases and materials. Company City, State Alternate Bid 2 Phase 1 Alternate Bid 2 Phase 2 & 3 Penro Construction Pender, NE No Bid $3,004, SuBSurfco South Sioux City, NE $2,697, $4,129, GM Contracting Lake Crystal, MN No Bid No Bid Sioux City Engineering Sioux City, IA $3,259, $3,893, Engineers Estimate $2,233, $4,216, The total low bid for Phase 1 and Phase 2 & 3 results in a total project amount of $5,701, or 11.6% below the Engineer s Estimate of $6,450, FINANCIAL IMPACT: This project is funded under CIP Western Hills to Indian Hills Pressure Zone and Tank Demolition Project using SRF funding. SRF Project # FS DWSRF-012 RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility Infrastructure Focus Area Grow Sioux City ALTERNATIVES: 1. The City Council may choose to not award and approve these contracts. 2. Bids may be further evaluated or the project documents may be revised and reissued for bid. ATTACHMENTS: Resolutions Letter of Recommendation Bid Tabulation Sheet Contracts (Hard Copies)

47 RESOLUTION NO with attachments RESOLUTION AWARDING AND APPROVING A CONTRACT TO SUBSURFCO, LLC OF SOUTH SIOUX CITY, NEBRASKA IN THE AMOUNT OF $2,697, FOR PHASE 1 OF THE WESTERN HILLS TO INDIAN HILLS PRESSURE ZONE AND TANK DEMOLITION PROJECT (PROJECT NO ) WHEREAS, pursuant to a notice published in the manner and form prescribed by law, bids were received by the City of Sioux City, Iowa, on December 18, 2018, for the Western Hills to Indian Hills Pressure Zone and Tank Demolition Project, in Sioux City, Iowa, (the Project) together with necessary accessories and appurtenances, all in accordance with the plans and specifications heretofore prepared by JEO Consulting Group of South Sioux City, Nebraska; and WHEREAS, all of said bids 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 Phase 1 of 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 SuBSurfco, LLC, of South Sioux City, Nebraska, in the amount of $2,697, for Phase 1 of the 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 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.

48 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 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: January 14, 2019 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk

49 RESOLUTION NO with attachments RESOLUTION AWARDING AND APPROVING A CONTRACT TO PENRO CONSTRUCTION COMPANY, INC. OF PENDER, NEBRASKA IN THE AMOUNT OF $3,004, FOR PHASES 2 & 3 OF THE WESTERN HILLS TO INDIAN HILLS PRESSURE ZONE AND TANK DEMOLITION PROJECT (PROJECT NO ) WHEREAS, pursuant to a notice published in the manner and form prescribed by law, bids were received by the City of Sioux City, Iowa, on December 18, 2018, for the Western Hills to Indian Hills Pressure Zone and Tank Demolition Project, in Sioux City, Iowa, (the Project) together with necessary accessories and appurtenances, all in accordance with the plans and specifications heretofore prepared by JEO Consulting Group of South Sioux City, Nebraska; and WHEREAS, all of said bids 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 Phases 2 & 3 of 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 Penro Construction Company, Inc. of Pender, Nebraska, in the amount of $3,004, for Phases 2 & 3 of the 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 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.

50 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 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: January 14, 2019 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk

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53 CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION x Regular Session Study Session Closed Session MEETING DATE: January 14, 2019 ACTION ITEM # 5A Gordon Phair, City Engineer FROM: Brett Langley, Civil Engineer SUBJECT: Resolution approving Change Order No. 4, accepting the work, and authorizing final payment to HCI Construction for the City Fuel Island Project (Project No ). Reviewed By: x Department Director x Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully requests Council approve the resolution approving Change Order No. 4, accepting the work, and authorizing final payment in the amount of $82, now and $33, in 30 days to HCI Construction of South Sioux City, Nebraska for the City Fuel Island Project (Project No ). DISCUSSION: A contract was awarded to HCI Construction of South Sioux City, Nebraska on April 9, 2018, under Resolution No for a contract amount of $625, The work has been completed and approved by City staff. This project involved installation of new above ground fuel tanks, fuel pumps, paving replacement, and removal of existing tanks and fuel pumps located at the Central Maintenance Garage, th Street. Below is a summary of the project: Original Contract Amount: $625, Change Order No. 1 Summary: $18, This change order was approved by staff on July 25, 2018, and included added costs for additional pier depth for the new above ground tanks. Change Order No. 2 Summary: $3, This change order was approved by staff on August 23, 2018, and included additional electrical work and yellow bollards on site. Change Order No. 3 Summary: $79, This change order was approved by City Council under Resolution on October 15, This change order added paving in the drive lanes around the new fuel islands, and a new standby generator to keep the fuel tanks operational in the event of a power outage.

54 Change Order No. 4 Summary: ($49,808.34) This change order is a quantity adjustment to reflect the amounts actually used in the field. Soil remediation quantities were bid into the project in the event that contaminated soils were discovered and required removal. No soils had to be removed because of contamination. Final Construction Cost: $676, The final construction cost for this project is $676, which is 8.2% above the original contract amount. FINANCIAL IMPACT: This project is funded using CMG Abated GO Bond under CIP City Fuel Island. The project currently has an available balance of $195, RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility Infrastructure Focus Area Grow Sioux City ALTERNATIVES: Council can choose not to accept the work and staff will go back to the contractor to discuss any issues. ATTACHMENTS: Resolution Change Order No. 4 Engineer s Statement of Final Acceptance Final Payment Application

55 RESOLUTION NO with attachments RESOLUTION APPROVING CHANGE ORDER NO. 4, ACCEPTING THE WORK, AND AUTHORIZING FINAL PAYMENT TO HCI CONSTRUCTION FOR THE CITY FUEL ISLAND PROJECT (PROJECT NO ). WHEREAS, on April 9, 2018, Sioux City, Iowa entered into a contract with HCI Construction of South Sioux City, Nebraska for the City Fuel Island Project within the City as therein described; and WHEREAS, said Project included Change Order No. 4, a copy of which is attached hereto and by this reference made a part hereof, in the amount of ($49,808.34) for a quantity adjustment; and WHEREAS, said Change Order No. 4 should be approved; and WHEREAS, said contractor has satisfactorily completed the construction of the project in accordance with the terms and conditions of said contract and the plans and specifications as shown by the engineer's report filed with the City Clerk on January 14, 2019, and attached hereto and made a part hereof; and WHEREAS, in accordance with the terms of the contract, the contractor is entitled to final payment, providing no liens have been filed against the work. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA: A. That Change Order No. 4, be and the same is hereby approved and the City Manager is hereby authorized and directed to execute said Change Order No. 4 for and on behalf of the City. B. The said report of the Engineer, be, and the same is hereby approved and adopted and the project is hereby approved and accepted as having been fully completed in accordance with the said plans and specifications and contract and the total project cost of the project under said contract is hereby determined to be $676, as shown in said report of the Engineer. C. The Director of Finance be, and she is hereby authorized and directed to issue a check in the amount of $82, now and in the amount of $33, in thirty days provided there are no liens or claims against retainage on file, payable from the appropriate fund in favor of HCI Construction for the construction of the project. PASSED AND APPROVED: January 14, 2019 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk

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61 CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION x Regular Session Study Session Closed Session MEETING DATE: January 14, 2019 ACTION ITEM # 5B Gordon Phair, City Engineer FROM: Nate Wing, Civil Engineer SUBJECT: Resolution accepting the work and authorizing final payment to KP Construction, Inc. for the 2018 Annual Sidewalk Ramp Program (Project No ). Reviewed By: x Department Director x Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully requests Council approve the resolution accepting the work and authorizing final payment in the amount of $2, now and $3, in 30 days to KP Construction, Inc. for the 2018 Annual Sidewalk Ramp Program (Project No ). DISCUSSION: A contract was awarded to KP Construction, Inc. of Sergeant Bluff, Iowa on August 13, 2018 under Resolution No for a contract amount of $68, The work has been completed and approved by City staff. This project included the removal and reconstruction of defective or missing sidewalk ramps. The following six (6) intersections were identified for ramp repairs with the 2018 program: Williams Avenue and Shields Avenue, Ridge Avenue and South Newton Street, Morningside Avenue and South Newton Street, 34th Street and Nebraska Street, 33rd Street and Nebraska Street, Morningside Avenue and the Highway 20/75 Bypass. Below is a summary of the project: Original Contract Amount: $68, Change Order No. 1 Summary: ($2,000.00) This change order assessed $2, worth of liquidated damages. The contract allowed 30 working days. The contractor used 32.5 working days to fully complete the project. At $ per day and 2.5 days late, the contractor was assessed a total of $2, in liquidated damages for a late completion. Change Order No. 2 Summary: $2, This change order provided a final quantity adjustment to match the contract quantities to what was constructed.

62 Final Construction Cost: $69, The final construction cost for this project is $69, which is 1.12% above the original contract amount. FINANCIAL IMPACT: This project is funded using General Obligation Bonds under CIP Annual Sidewalk Ramp Program. The project currently has an available balance of -$1, 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

63 RESOLUTION NO with attachments RESOLUTION ACCEPTING THE WORK AND AUTHORIZING FINAL PAYMENT TO KP CONSTRUCTION, INC. FOR THE 2018 ANNUAL SIDEWALK RAMP PROGRAM (PROJECT NO ). WHEREAS, on August 13, 2018, Sioux City, Iowa entered into a contract with KP Construction, Inc. of Sergeant Bluff, Iowa for the 2018 Annual Sidewalk Ramp Program within the City as therein described; and WHEREAS, said contractor has satisfactorily completed the construction of the project in accordance with the terms and conditions of said contract and the plans and specifications as shown by the engineer's report filed with the City Clerk on January 14, 2019, and attached hereto and made a part hereof; and WHEREAS, in accordance with the terms of the contract, the contractor is entitled to final payment, providing no liens have been filed against the work. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA: A. The said report of the engineer, be, and the same is hereby approved and adopted and the project is hereby approved and accepted as having been fully completed in accordance with the said plans and specifications and contract and the total project cost of the project under said contract is hereby determined to be $69, as shown in said report of the engineer. B. The Director of Finance be, and she is hereby authorized and directed to issue a check in the amount of $2, now and $3, in thirty days provided there are no liens or claims against retainage on file, payable from the appropriate fund in favor of KP Construction, Inc. for the construction of the project. PASSED AND APPROVED: January 14, 2019 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk

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66 CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION x Regular Session Study Session Closed Session MEETING DATE: January 14, 2019 ACTION ITEM # 5C FROM: Don Trometer, Risk Manager SUBJECT: Resolution approving settlement of a tort claim and authorizing payment (Denning Transportation, Inc.) Reviewed By: x Department Director x Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully request the City Council approve settlement of a property damage claim in the amount of $7, DISCUSSION: On December 5, 2018, at the intersection of Harbor Drive and Singing Hills Boulevard, a City transit bus made a left turn in front of a semi-tractor trailer. The Legal Department has now been able to settle the claim within the authority given. FINANCIAL IMPACT: Reduce the Tort Fund by $7, RELATIONSHIP TO STRATEGIC PLAN: N/A ALTERNATIVES: Litigation ATTACHMENTS: Resolution

67 RESOLUTION NO RESOLUTION APPROVING SETTLEMENT OF A TORT CLAIM AND AUTHORIZING PAYMENT (DENNING TRANSPORTATION, INC.) WHEREAS, a claim was filed against the City of Sioux City, Iowa, by Denning Transportation, Inc. resulting from an accident at the intersection of Harbor Drive and Singing Hills Boulevard occurring on December 5, 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 for property damage be settled and the Director of Finance be and she is hereby authorized and directed to issue a check from the appropriate fund payable to Denning Transportation, Inc. in the amount of $7, 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: January 14, 2019 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk

68 CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION x Regular Session Study Session Closed Session MEETING DATE: January 14, 2019 ACTION ITEM # 5D FROM: Don Trometer, Risk Manager SUBJECT: Resolution approving settlement of a worker s compensation claim and authorizing payment thereof (Moore) Reviewed By: x Department Director x Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully requests the City Council approve settlement of this worker s compensation claim. DISCUSSION: On or about July 29, 2015, Central Maintenance Garage employee, Kurt Moore, sustained an injury to his left hand, wrist and arm. The parties have reached an agreement, subject to Council approval, for a closed file settlement of this claim in exchange for a lump sum payment of $20,000. FINANCIAL IMPACT: Reduce the worker s compensation fund by $20,000. RELATIONSHIP TO STRATEGIC PLAN: N/A ALTERNATIVES: Litigation ATTACHMENTS: Resolution

69 RESOLUTION NO RESOLUTION APPROVING SETTLEMENT OF A WORKER S COMPENSATION CLAIM AND AUTHORIZING PAYMENT THEREOF (MOORE) WHEREAS, a worker s compensation claim was filed against the City of Sioux City, Iowa by Kurt Moore resulting from an injury sustained on or about July 29, 2015; 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 worker s compensation claim. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that said worker s compensation 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 $20, payable to Kurt Moore. BE IT FURTHER RESOLVED that said check be delivered to the Legal Department and that the City Attorney shall make the necessary filings with the Iowa Industrial Commissioner and thereafter deliver the check. PASSED AND APPROVED: January 14, 2019 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Resolutions\Res2019\Legal\Moore Work Comp Settlement.Docx

70 CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION x Regular Session Study Session Closed Session MEETING DATE: January 14, 2019 ACTION ITEM # 6A-I FROM: Lisa L. McCardle, City Clerk Heidi Farrens, Deputy City Clerk Motion reappointing Dee Davis to the Effective Fiscal and Public Policy Committee for a three-year term expiring December 31, Motion appointing Jonathan Smith to the Effective Fiscal and Public Policy Committee for a three-year term expiring December 31, 2021, replacing Ann Brodersen. Motion reappointing Sara Steussy to the Environmental Advisory Board for a three-year term expiring December 31, Motion appointing Donald Scarlett to the Human Rights Commission for a partial three-year term expiring June 30, 2021, replacing Jean Graham. SUBJECT: Motion appointing Kathie Pfaffle to the Parks and Recreation Advisory Board for a three-year term expiring December 31, 2021, replacing Brent Ruch. Motion appointing Raymond Thomas to the Parks and Recreation Advisory Board for a three-year term expiring December 31, 2021, replacing Chris Boesch, upon due consideration of the circumstances the City Council waives the policy that members must be resident electors of Sioux City. Motion appointing Sara Wiedenfeld to the Parks and Recreation Advisory Board for a three-year term expiring December 31, 2021, replacing Joseph Riker. Motion reappointing Azusa Allard to the Yamanashi City Sister City Committee for a three-year term expiring December 31, Motion reappointing Randy Hansen to the Yamanashi City Sister City Committee for a three-year term expiring December 31, Reviewed By: x Department Director Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully requests that City Council appoint the above applicants to the appropriately listed Boards, Commissions or Committees.

71 DISCUSSION: The above-mentioned individuals have completed applications and appeared before the Council to interview for open positions; the Council has indicated their preferences to appoint them. FINANCIAL IMPACT: None. RELATIONSHIP TO STRATEGIC PLAN: Interviewing and appointing citizens to various Boards, Commissions, and Committees shows our effort to incorporate citizen input in municipal government. Relates to Progressive Leadership Vision - We will use formal and informal methods to engage the Council, our employees, and our customers to promote enhanced organizational engagement and commitment to our shared vision; and the Strategy - Develop strong partnerships with our residents, visitors, and business community. ALTERNATIVES: Council may approve the appointments as listed or withdraw their preferences for them and wait for additional applications to be submitted for the openings. ATTACHMENTS: None

72 CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION x Regular Session Study Session Closed Session MEETING DATE: January 14, 2019 ACTION ITEM # 7A-B David Carney, Public Works Director Ed Pickens, Streets Supervisor FROM: Spero Vlahoulis, Purchasing Manager Donna Forker, Finance Director SUBJECT: Resolution awarding a purchase order to Graybar Electric Co. Inc. of Sioux Falls, South Dakota, in the amount of $34, for the purchase of 90 LED light fixtures. (Bid #255059). Resolution awarding a Service Provider Agreement to Nystrom Electric of Sioux City, Iowa in the amount of $5, to install 90 LED fixtures on City streets (Bid #255058). Reviewed By: x Department Director x Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully requests City Council award a purchase order to Graybar Electric Co. Inc. of Sioux Falls, South Dakota, in the amount of $34, for the purchase of 90 LED light fixtures. (Bid #255059). Staff respectfully requests City Council award a service provider agreement to Nystrom Electric of Sioux City, Iowa in the amount of $5, to install 90 LED fixtures on City streets (Bid #255058). DISCUSSION: City staff would like to install LED Cobra Head street lights, photo cells, and fuses at Aviation Boulevard, Airport Parking Lot, and South Lakeport Street. The anticipated payback period for these fixtures is six (6) years, three (3) months. In addition, City staff anticipates less labor to maintain LED fixtures than the current fixtures. City staff will apply for any applicable MidAmerican Energy rebates. Invitations to bid were sent to twelve (12) companies thought to provide LED Cobra Head street lights. Three (3) bids were received and are as follows:

73 Vendor Graybar Electric Co. Echo Electric Supply Crescent Electric Supply Sioux Falls, SD Sioux City, IA Sioux City, IA Price Per Item $386.57** $424.30** $443.97** Total Cost of 90 LED Fixtures, including Photo Cell, and Fuse Dollar Difference from Low Bid Percentage Difference from Low Bid $34, $38, $39, Not Applicable $3, $5, Not Applicable 9.76% 14.85% **: Price includes LED Cobra Head light fixture, photo cell, and fuse. Each component was priced individually. Price per item represents total cost. Rounding errors may occur when calculating price per item. Invitations to bid were sent to eleven (11) vendors to install 90 LED light fixtures. Three (3) bids were received as follows: Vendor Total Cost to Install 90 LED Fixtures Dollar Difference from Low Bid Kevin O Dell Electric Inc. of South Sioux City, Nebraska Nystrom Electric Inc. Sioux City, IA Kevin O Dell Electric South Sioux City, NE Thompson Electric Company Sioux City, IA $5, $6, $9, Not Applicable $1, $4, Not Applicable 28.02% 89.65% FINANCIAL IMPACT: CIP account # Miscellaneous Improvements, Public Works, Capital Improvements, Public Safety, Repairs and Improvements Project # Improved Street Lighting has an available balance of $134, RELATIONSHIP TO STRATEGIC PLAN: Relationship complies with City Operational Plans ALTERNATIVES: Reject all bids. ATTACHMENTS: Resolutions Service Provider Agreement, Hard Copy Bidder Status Form, Hard Copy

74 RESOLUTION NO RESOLUTION AWARDING A PURCHASE ORDER TO GRAYBAR ELECTRIC CO. INC. OF SIOUX FALLS, SOUTH DAKOTA, IN THE AMOUNT OF $34, FOR THE PURCHASE OF 90 LED LIGHT FIXTURES. (BID #255059). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that a purchase order be issued to Graybar Electric Co. Inc. of Sioux Falls, South Dakota, in the amount of $34, for the purchase of 90 LED light fixtures. (Bid #255059). PASSED AND APPROVED: January 14, 2019 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk

75 RESOLUTION NO with attachments RESOLUTION AWARDING A SERVICE PROVIDER AGREEMENT TO NYS- TROM ELECTRIC OF SIOUX CITY, IOWA IN THE AMOUNT OF $5, TO INSTALL 90 LED FIXTURES ON CITY STREETS (BID #255058). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that a Service Provider Agreement, a copy of which is attached hereto and by this reference made a part hereof, be awarded to Nystrom Electric of Sioux City, Iowa in the amount of $5, to install 90 LED fixtures on City streets (Bid #255058). BE IT FURTHER RESOLVED, that the City Manager and City Clerk be and they are hereby authorized and directed to execute said Service Provider Agreement for and on behalf of the City. PASSED AND APPROVED: January 14, 2019 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk

76 x Regular Session Study Session Closed Session CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION MEETING DATE: January 14, 2019 ACTION ITEM # 7C David Carney, Public Works Director Darrel Bullock, Fleet Supervisor FROM: Spero Vlahoulis, Purchasing Manager Donna Forker, Finance Director SUBJECT: Resolution awarding a purchase order to Knoepfler Chevrolet of Sioux City, Iowa in the amount of $31, for the purchase of one (1) 2019 Chevrolet Cargo Express Van (RFQ #254881). Reviewed By: x Department Director x Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully requests the City Council approve a purchase order to Knoepfler Chevrolet of Sioux City, Iowa in the amount of $31, for the purchase of one (1) 2019 Chevrolet Cargo Express Van (RFQ #254881). DISCUSSION: City staff would like to purchase a cargo van to replace unit #238, which was purchased in 2006 and has a useful life of ten (10) years. The vehicle will be utilized by Building Maintenance staff. The replaced unit will be sold on the City s auction website. Invitations to bid were sent to nineteen (19) vendors able to provide cargo vans. Six (6) bids were received. The qualifying bids are as follows: Vehicle Make and Model Knoepfler Chevrolet Sioux City, IA 2019 Chevrolet Express Ed Stivers Ford Waukee, IA 2019 Ford Transit 250 Boyer Trucks Sioux Falls, SD 2019 Ford Transit 250 Jensen Motors LeMars, IA 2019 Ford Transit 250 Sioux City Ford Sioux City, IA 2019 Ford Transit 250 Charles Grabus Ford Des Moines, IA 2019 Ford Transit 250 Price $31, $32, $33, $33, $38, $42, Price Difference from Low Bid Percentage Difference from Low Bid Not Applicable Not Applicable $ $1, $1, $7, $10, % 4.43% 4.53% 22.03% 33.64%

77 FINANCIAL IMPACT: Funds are available in account # , CMG Rolling Equipment, Licensed Vehicles, available balance is $1,740,129. RELATIONSHIP TO STRATEGIC PLAN: Relationship complies with City Operational Plans. ALTERNATIVES: Reject the bids. ATTACHMENTS: Resolution.

78 RESOLUTION NO RESOLUTION AWARDING A PURCHASE ORDER TO KNOEPFLER CHEV- ROLET OF SIOUX CITY, IOWA IN THE AMOUNT OF $31, FOR THE PURCHASE OF ONE (1) 2019 CHEVROLET CARGO EXPRESS VAN (RFQ #254881). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that a purchase order be issued to Knoepfler Chevrolet of Sioux City, Iowa in the amount of $31, for the purchase of one (1) 2019 Chevrolet Cargo Express Van (RFQ #254881). PASSED AND APPROVED: January 14, 2019 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk

79 x Regular Session Study Session Closed Session CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION MEETING DATE: January 14, 2019 ACTION ITEM # 7D David Carney, Public Works Director Darrel Bullock, Fleet Supervisor FROM: Spero Vlahoulis, Purchasing Manager Donna Forker, Finance Director SUBJECT: Resolution awarding a purchase order to Hiway Truck Equipment of Fort Dodge, Iowa in the amount of $31, for the purchase of two (2) Henke wheel loader snow plows (RFQ #255124). Reviewed By: x Department Director Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully requests the City Council approve a purchase order to Hiway Truck Equipment of Fort Dodge, Iowa in the amount of $31, for the purchase of two (2) Henke wheel loader snow plows (RFQ #255124). DISCUSSION: City staff would like to purchase two-wheel loader snow plows. The City currently has eight (8) wheel loaders and six (6) wheel loader plows. By purchasing two snow plows, each loader will have a plow attachment. Invitations to bid were sent to twenty-six (26) vendors able to provide snow plows. Four (4) bids were received along with four (4) no bids. The qualifying bids are as follows: Hiway Truck Equipment Fort Dodge, IA Sanitation Products Fargo, ND Titan Machinery Sioux City, IA Butler Machinery Sioux Falls, SD Price Price Difference from Low Bid Percentage Difference from Low Bid $15, Each $31, Total $16, Each $32, Total $17, Each $35, Total $20, Each $41, Total Not Applicable $1, $4, $10, Not Applicable 4.22% 15.63% 34.42%

80 FINANCIAL IMPACT: Funds are available in account # , CMG Rolling Equipment, Contractor s Mobile, available balance is $66,300. RELATIONSHIP TO STRATEGIC PLAN: Relationship complies with City Operational Plans. ALTERNATIVES: Reject the bids. ATTACHMENTS: Resolution.

81 RESOLUTION NO RESOLUTION AWARDING A PURCHASE ORDER TO HIWAY TRUCK EQUIPMENT OF FORT DODGE, IOWA IN THE AMOUNT OF $31, FOR THE PURCHASE OF TWO (2) HENKE WHEEL LOADER SNOW PLOWS (RFQ #255124). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that a purchase order be issued to Hiway Truck Equipment of Fort Dodge, Iowa in the amount of $31, for the purchase of two (2) Henke wheel loader snow plows (RFQ #255124). PASSED AND APPROVED: January 14, 2019 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk

82 CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION x Regular Session Study Session Closed Session MEETING DATE: January 14, 2019 ACTION ITEM # 8 FROM: Donna Forker, Finance Director SUBJECT: Approve total checks issued for the reporting period of December 2018, in the amount of $16,047, Reviewed By: x Department Director x Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully requests the Council to approve the total checks issued for December 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

83 CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION x Regular Session Study Session Closed Session MEETING DATE: January 14, 2019 ACTION ITEM # 9 FROM: Lisa L. McCardle, City Clerk Heidi Farrens, Deputy City Clerk C. ON-PREMISE SALES SUBJECT: 1. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carryout) a. Chipotle Mexican Grill, 5001 Sergeant Rd (Renewal) b. Hamilton Bar and Grill, 1790 Hamilton Boulevard (Renewal) c. Orpheum Theatre, Pierce Street (Renewal) d. Prince s Tavern, 1920 Center Street (Add Privilege; Sunday Sales) e. RNavarrete s Mexican Food, 2421 Riverside Boulevard (New) 2. CLASS B BEER PERMIT (beer/carry-out beer/wine coolers) a. Natalia s Bakery, 2025 Court Street (Renewal) Reviewed By: x Department Director x Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully requests and recommends approval of the above Beer and Liquor License. DISCUSSION: Fire Code Inspections were completed; Building, Electrical, Mechanical and Plumbing Inspections were performed; and Zoning Code has been verified for the above applicant, no violations were found unless otherwise noted. Property tax records were verified and taxes are paid to date; the business utility accounts are also current for all applicants unless otherwise noted. Police Records for the establishment were reviewed and the Police Department recommends approval for the applicant unless otherwise noted. FINANCIAL IMPACT: The % of the local authority share of liquor license fees gathered by the State of Iowa Alcoholic Beverages Division varies from license to license; the City collected $110, in FY2018.

84 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 in opposition of the City departments recommendations. ATTACHMENTS: None

85 CIVIL SERVICE COMMISSION MEETING MINUTES November 6, 2018 On this date was held a regular meeting of the Civil Service Commission at 12:00 p.m. in Room 204, City Hall, 405 Sixth Street, Sioux City, Iowa. PRESENT ABSENT OTHERS Dr. Cyndi Hanson, Member Lisa Bertrand, Member - Excused Pete Groetken, Council Member Frank Baron, Chair Justin Vondrak, Assistant City Attorney II Brad Mellang, Member Karen Mackey, Human Rights Director Sandra Pearson, Member Janelle Bertrand, Human Resources Director Brandon Gralheer, Fire Fighter CALL OF THE ROLL Commissioner Baron moved to call the Civil Service Commission meeting to order at 12:02 P.M. Baron aye; Pearson aye; Hanson aye; Mellang aye. CLOSED SESSION OF THE CIVIL SERVICE COMMISSION TO EVALUATE THE PROFESSIONAL COMPE- TENCY OF INDIVIDUALS WHOSE APPOINTMENT, HIRING, PERFORMANCE OR DISCHARGE IS BEING CON- SIDERED AND THE INDIVIDUALS HAVE REQUESTED A CLOSED SESSION Baron asked for a motion to move to closed session. Hanson motioned to go to closed session. Pearson second. Mellang aye; Baron aye; Pearson aye; Hanson aye. The issue for discussion in the closed session related to a background check on a candidate on the Fire Fighter eligibility list. Commission entered closed session at 12:08 PM. Discussion from candidate related to background check. Baron asked for any discussions. None. Hanson made motion to enter open session. Pearson second. Mellang aye; Baron aye; Pearson aye; Hanson aye. Commission went back to open session at 12:14 P.M. Baron asked for a motion to act on the issue at hand. Pearson made a motion to place the candidate on list retroactively candidate based on the discussions held in closed session. Hanson second. Mellang aye; Baron aye; Pearson aye; Hanson aye.

86 REVIEW AND ACTION UPON PROPOSED CANDIDATES FOR EMPLOYMENT IN THE FIRE DEPARTMENT; CANDIDATES #4 AND #7 Baron asked for a motion to move to closed session. Pearson motioned to go into closed session. Mellang - second. Mellang aye; Baron aye; Pearson aye; Hanson aye. Commission entered closed session at 12:16 PM. Commission review the two proposed candidates physical examination reports. Commission had no concerns or questions or discussions because the medical community had no reservations. Mellang moved to go back to open session. Hanson second. Commission went back to open session at 12:20 P.M. Mellang aye; Baron aye; Pearson aye; Hanson aye. Hanson moved to approve candidates in question. Pearson second. Mellang aye; Baron aye; Pearson aye; Hanson aye. REVIEW OF MINUTES OF THE MEETING OF OCTOBER 2, 2018 Minutes were approved without objections or corrections. OTHER BUSINESS None. Baron motioned to adjourn. Meeting adjourned at 12:22 P.M. Clerk of Commission Chairperson

87 PARKS & RECREATION ADVISORY BOARD MEETING MINUTES NOVEMBER 7, 2018 A meeting of the Parks and Recreation Advisory Board was held at 4 p.m., Long Lines Family Rec Center, 3 rd Floor Conference Room, 401 Gordon Drive, Sioux City, Iowa. MEMBERS PRESENT STAFF PRESENT OTHERS Cindy Brewer Matt Salvatore Lisa Claeys Brad Krommenhoek Brittany Scott Fran Palmersheim Angel Wallace Brent Ruch Eric Griffith Andrew Glisar Kelly Bach Chris Boesch Todd Lien Joseph Riker Bill Lane MEMBERS ABSENT Gretchen Baller Scott Brouillette 1. CALL OF THE ROLL Meeting was called to order by Brewer at 4:02 p.m. 2. READING OF THE MINUTES OF SEPTEMBER 5, 2018 Reading of the minutes of October 3, 2018, was waived and on motion by Palmersheim, seconded by Ruch, to approve the minutes; all voting aye. Boesch entered the meeting at 4:03 pm. Krommenhoek entered the meeting at 4:04 pm. 3. COMMUNITY INTEREST AND CONCERNS There were no concerns reported. 4. BOARD TERM EXPIRATIONS Salvatore informed the Board there will be three members terms expiring 12/31/18. They are Brent Ruch, Chris Bosch, and Joseph Riker. Ruch suggested to reach out to Leadership Siouxland and Leadership Dakota County for applicants.

88 5. DOG PARK RECOMMENDATIONS Salvatore stated a Dog Park Committee was recently formed due to safety concerns at Bacon Creek Park after a dog was killed by another dog. An Ad-Hoc Committee was formed after numerous suggestions for improved safety were discussed at a City Council meeting after the event. The Committee consists of representatives from Animal Control, Sioux City Police Department, Parks & Recreation staff, Humane Society, and Noah s Hope. The recommendations outlined by the Committee will be presented to the Board and after approval will go before the City Council. The recommendations are: 1. Create a recommended small dog area (30 pounds and under) 2. Implement a permit for use of the dog park - $15 per dog per year/ $5 for each additional dog. o The permit will allow customers to obtain a key code for access to the park. o Installation of two key code locks, costing under $1, Implement a Dog Ambassador Volunteer Program. o Volunteers will receive a free dog park permit for 10 or more volunteer hours. o Application process, background check, and t-shirt or vest. 4. New /updated rules/ordinance. Funds from the permit will go toward supporting the future of the dog park. Brewer questioned if the ambassador volunteers will be able to issue citations. Salvatore explained they can explain the rules; but, Animal Control is the only authority allowed to enforce the rules and issue a citation. Motion by Palmersheim, seconded by Glisar, to approve the Committee recommendations with the following amendments - $10 permit fee for licensed dog; $20 permit fee for non-licensed dog; $10 permit fee for each additional dog; and, a minimum requirement of 6 months of age to license; all voting aye. 6. PARKS AND RECREATION BOARD CONCERNS Headstones - Palmersheim questioned the Resolution approved by the City Council regarding headstones. Salvatore responded staff was cleaning up language in the policy. Cone Park Ice Rink - Salvatore stated if the cool weather continues staff will start building the ice for the Cone Park ice rink on Monday before Thanksgiving and hopefully begin snowmaking after Thanksgiving. Restrooms - Salvatore noted six new restrooms will be installed over the next month at the following locations: Cone Park, Riverside Park, Bacon Creek Park, Dale Street Park, Rose Hill Park, and Leeds Park. 7. ADJOURNMENT There being no further business, the meeting was adjourned at 4:48 p.m., on motion by Palmersheim, seconded by Ruch; all voting aye.

89 PARKS & RECREATION ADVISORY BOARD MEETING MINUTES DECEMBER 5, 2018 A meeting of the Parks and Recreation Advisory Board was held at 4 p.m., Long Lines Family Rec Center, 3 rd Floor Conference Room, 401 Gordon Drive, Sioux City, Iowa. MEMBERS PRESENT STAFF PRESENT OTHERS Cindy Brewer Matt Salvatore Fran Palmersheim Brittany Scott Chris Boesch Angel Wallace Joseph Riker Eric Griffith Gretchen Baller Kelly Bach MEMBERS ABSENT Brent Ruch Scott Brouillette Andrew Glisar Brad Krommenhoek 1. CALL OF THE ROLL Meeting was called to order by Brewer at 4:02 p.m. 2. READING OF THE MINUTES OF NOVEMBER 7, 2018 Reading of the minutes of November 7, 2018, was waived and on motion by Palmersheim, seconded by Riker, to approve the minutes; all voting aye. 3. COMMUNITY INTEREST AND CONCERNS There were no concerns reported. 4. PARKS AND REC FEES Griffith said the fee schedule/increases going to Council are to clarify and clean up language. Going forward, we will review them every year this time and update as needed. We are proposing some increases but are still less than other communities. Motion by Palmersheim, seconded by Riker, to approve the changes in the fees as submitted; all voting aye.

90 5. MEMORIAL APPLICATION GRANDVIEW PARK Salvatore said this application is to approve the engraving and location of the bench. Motion by Baller, seconded by Bosech, to approve the memorial application for the bench in Grandview Park; all voting aye. 6. UPDATE ON CONE PARK Salvatore said staff started making snow Monday night. The runout will be increased by The ice skating rink opened last night with about 20 skaters in attendance. Staff relocated and painted the storage containers. There will be an addition of a bunny hill. Staff training and orientation will take place next week. The new POS is ready and operational. Christmas lights will decorate the lodge. A couple more high-top tables were ordered; and a new TV menu has been added. A few companies have already reserved private rental times. The promotional video of the ice skating rink is on Facebook and the City s website. Dates will be released soon for Christmas break soon and the season opening date. 7. PARKS AND RECREATION BOARD CONCERNS Leif Erikson Park The disc golf signs have been installed. Big Sioux Trail The trail is complete. 8. ADJOURNMENT There being no further business, the meeting was adjourned at 4:33 p.m., on motion by Palmersheim, seconded by Riker; all voting aye.

91 MINUTES Woodbury County Information and Communication Commission Board of Supervisors Room Sioux City, Iowa A meeting of the WCICC Commission was held on December 12th, 2018 at 8:05 a.m., the following Commission members were present: Marty Pottebaum, Pete Groetken, Dan Moore, and Jeff Sypersma. Absent: Rocky DeWitt. I. Meeting Called to Order Jeff Sypersma called the meeting to order at 8:05 a.m. The minutes from November 14th, 2018 were approved. 4/0 Carried. II. Communications Center Monthly Budget Report (Agenda item II. A.) Informational Open Items (Agenda item II. B.) Glenn Sedivy shared updates on hiring a part-time employee, completion of cabling at the Dorothy Pecaut Nature Center, reprogramming radios system wide and the 10 th Anniversary Celebration for The Security Institute. III. Information Systems Department Update (Agenda item III. A.) John Malloy shared updates on the following projects: Phase 1 of Network Core Switch Replacement, Last Phishing Campaign of 2018, Version 1 Middleware to OptumRX, Cognos Analytic Training, County GovDeals Account, iseries SwitchTest, Surface/Laptop Replacement, Nature Center Fiber, Upgraded Main Library WiFi, Dictaphone Replacement, Assessing Door Security System Upgrade for County Sheriff and Second Round of Data Exports for County Tyler Project. Open Items (Agenda item III. B.) No Open Items. The regular meeting adjourned at 8:41 a.m., with the next meeting scheduled for January 9th, 2019 at 8:05 a.m., in the Board of Supervisors Room in the Woodbury County Courthouse, Seventh and Douglas Streets, Sioux City, Iowa.

92 x Regular Session Study Session Closed Session CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION MEETING DATE: January 14, 2019 ACTION ITEM # 11 FROM: Jeff Hanson, Community Development Operations Manager SUBJECT: Ordinance vacating the west half of the east/west alley in the block bounded by Lewis Boulevard, 10th Street, 11th Street and Dubuque Street. The Planning and Zoning Commission recommends denial of this item (File No ) (First Consideration passed January 7, 2019) Reviewed By: x Department Director Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully requests that Council approve second reading on the above vacation of the west half of the east/west alley in the block bounded by Lewis Boulevard, 10th Street, 11th Street and Dubuque Street. At the January 7, 2019 council meeting, the City Council approved the two (2) rezonings for the properties located at th Street and th Street and only first reading for the vacation of the west half of the east/west alley in the block bounded by Lewis Boulevard, 10th Street, 11th Street and Dubuque Street. Staff is recommending Council only approve second reading today to give staff time to prepare a draft deed that includes an access easement over the alley for the three residences abutting the alley on the north as well as for the public as a whole. Council indicated that that the easement must ensure that (1) the alley can be used by the public at any time and shall not be blocked, (2) that the alley shall be hard surfaced by the applicant, and be maintained by the applicant in good condition, and (3) that the applicant shall preform minor maintenance such as snow removal. The City s Legal Department does not believe that paving of the alley is an appropriate activity to place in an easement but would be appropriate to include in the site plan when it is reviewed by staff. If Council concurs, staff will ensure that the alley is paved to standards acceptable to the City s Engineering Division prior to approving the site plan and/or building permit. The remainder of the report is left as it was presented to Council on January 7, 2019 as background. Planning and Zoning Commission recommendation: Agenda Item : Request rezoning of property commonly known as 1020, 1016 and 1012 Lewis Boulevard from NC.4 to GC and the rezoning of property commonly known as 1002 Lewis Boulevard from SC to GC. (Petitioner: Erik Reyes)

93 Brent Nelson asked if it was acceptable to the Commission for him to report on both and , which are the rezonings and the vacation together. There will be one staff report and two separate motions. The petitioner has asked to have the property that is owned by Cliff Tufty (Cliff has also signed the petition) to be rezoned from SC Suburban Commercial to General Commercial as well as NC.4 to General Commercial. The property on the southwesterly part of the block at 10 th Street and Lewis Boulevard is currently zoned Suburban Commercial. It is currently a vacant lot. The northwesterly portion of property is currently zoned NC.4 and we request to rezone that to General Commercial. This is an L-shaped property consisting of two parcels divided by an alley lying east of Lewis Boulevard and between 10 th Street and 11 th Street. We have received three replies in opposition from th Street and th Street and from 1021 Lewis Boulevard (Dam Auto). As you can see there is a fair amount of parking on both 10 th Street and 11 th Street as well as Dubuque Street. What the petitioner would like to do is develop a used car lot on the site and they have provided a rough site plan, which I m showing you so you have some indication of what they want to do. The southwesterly part of the block will handle most of the development. The northerly strip may be a one or two car display area, somewhat like Hamilton Touchless Carwash, with the raised area out front. The need for the alley vacation is to make the property to the north large enough to be developable. However, there are property owners that use the alley for access, which causes the issue of trying to combine the lots but leave the alley. Prior to the last zoning rewrite in 2015, the subject property was zoned BG as it was rezoned in 1997 and prior to that it was RG-50. The reason for the 1997 rezoning was because of a discussion between Council and City staff. A plan we had at the time basically called for rezoning the entire block to General Business. Obviously, Lewis Boulevard would not be a prime residential street and at the time the Commission and City Council were looking to encourage development in the area. The Comprehensive Plan which is in place now calls for the area to be developed as a mixed use community and called for basically the same type of development on the east side as we have on the west. Our proposal is to vacate the alley and grant an easement across it for the use of the neighbors. This is a fairly convoluted way of doing this, but sometimes in order to implement the Comprehensive Plan and encourage development you have to think outside the box. This type of thing has been done in the past and is not something we want to do every day but in this case, it s necessary to develop the lot to the north. Ryan Ross asked if the petitioner could pave the portion of property to the north and just park cars on it. Brent Nelson replied that they could but it would have to be shown on a site plan and be reviewed. Staff would make sure there is the proper buffering and the proper setbacks. If both rezonings and the vacation are approved, then that would help implement the Comprehensive Plan and reaffirm the Council action. It will allow development and it will preserve access to 2404 Street and th Street. If it s not approved, then we would recommend against rezoning the northerly area because it wouldn t have the sufficient area for development.

94 It is our recommendation that the Commission approve both the rezonings and the alley vacation and direct staff to grant an access easement over the alley to the abutting neighbors. Ryan Ross stated that you say that this would reaffirm the 1995 Council action, but when I was listening to you I thought the Council decided that if there was to be a rezoning it was to be done in a larger area than just that strip along Lewis Boulevard. Brent Nelson replied there was a great deal of discussion about doing that. It was decided against. Wholesale really was holding up the blocks all the way between 11 th Street and 7 th Street. But even at the Council meetings there was discussion about should we or should we not rezone the entire block. Staff was not in favor of rezoning the entire block, there was concern about creating non-conformities as well as concerns about upsetting the neighborhood balance. The decision was made at that time to rezoning piece by piece as the requests came in. Ryan Ross asked if there is a display built is that considered a sign. Brent Nelson replied there would be a review. There would have to be landscaping. It would be required as well as an eight foot buffer zone between the street and any displays as well as a 30 foot setback between any residences and they would have to be screened. Ryan Ross asked if those items would come back to the Commission because they would have to modify the site plan. Brent Nelson replied almost certainly. Jason Geary stated that a portion of this property had been zoned BG and asked if an auto dealership by right have been allowed on that site without any oversight of site plans. Brent Nelson replied that the specific reason for that rezoning was for a car lot. Jason Geary also asked if the rezoning happened by request and then the development didn t happen. Brent Nelson replied that the rezoning was requested by Frank Merchant but he did not go through with the development. Jason Geary also asked about the development of Hamilton Boulevard and the challenge we faced there where we have heavy residential on one side, but development opportunity along the commercial corridor and we said these really need to be developed in one block increments to make them a clean site all commercial, and you will probably get a better chance of better quality development that way verses this site where we are trying to squeeze this in verses two clean sites. Brent Nelson replied that we are trying to get the empty lot to the north developed. This is the best use for this strip of land unless the makeup of the neighborhood changes to have quarter block development. Jason Geary asked if we rezoned that strip what would be allowed. Brent Nelson replied anything build there would need a site plan reviewed by Staff. The Commission can require anything to come back for your review. Jason Geary asked if this would need to come back for a site plan review. Brent Nelson replied that the south quarter block could come up with a site plan that meets everything, the north portion would probably have trouble developing without needing review. Suzan Stewart asked if there were any utilities and if the alleys were drivable. Brent Nelson answered there are no utilities and yes, the alleys are drivable. Jason Geary asked if the developer needs the alley for functional reasons. Brent Nelson responded that the alley is needed to combine the properties. Ron Waffledorf th Street stated that there is not adequate parking on 11 th Street and we do not need another car lot in the area. Jason Geary asked Ron Waffledorf if his property backed up to the subject alley and if he used the alley for access. Ron Waffledorf said yes to both. Suzan Stewart asked if Ron Waffledorf accessed his garage from the alley. Ron Waffledorf answered no, but they do use the alley frequently.

95 Jessie Holmes th Street stated that all the alley is being used by the abutting neighbors. He does not want to have to park on streets that are blocks away. Travis LaFluer th Street stated that his family also frequently uses the alley. Jason Geary asked staff if the Commission decided not to rezone the northern property, would the project go forward. Brent Nelson replied he did not know if that would change the developer s mind. Jeff Hanson stated if the northern portion does not get rezoned, the vacation of the alley would not be needed. Brent Nelson mentioned that the northern property would probably be used to display a couple of cars and a sign. Jeff Hanson stated the area would be used for display not employee parking and setbacks would be met. Ryan Ross asked if this would be the best use for the northern property. Brent Nelson replied that a car lot is a very transitional use and it doesn t take much to take it out. SuzanStewart asked Justin Vondrak about the timing and details about the access easement. Justin Vondrak replied that the easement could be as detailed as we make it. Ryan Ross asked if the Commission voted no on Item , we could then make a new motion to rezone just the southern part. Brent Nelson replied you can always reduce, you can t expand what has been noticed. Agenda Item : Request rezoning of property commonly known as 1020, 1016 and 1012 Lewis Boulevard from NC.4 to GC and the rezoning of property commonly known as 1002 Lewis Boulevard from SC to GC. (Petitioner: Erik Reyes) Ross (Geary) moved to approve the item (Rezoning of both parcels). Motion did not carry (Yes: Silverberg, Stewart, Bostinelos No: Ross, Beukelman, Geary Abstain: 0). Agenda Item : Requested vacation of the east 45 feet of the east/west alley in the block bounded by Lewis Boulevard and 10 th, 11 th, and Dubuque Streets (Petitioner: Erik Reyes). Brent Nelson asked if it was acceptable to the Commission for him to report on both and , which are the rezoning and the vacation together. Ross (Geary) moved to approve the item (Vacation with access). Motion did not carry (Yes: Silverberg, Stewart, Bostinelos No: Ross, Beukelman, Geary Abstain:0). Ryan Ross made a motion to approve the rezoning of the southern property. (The southwest quarter of Block 12, Coles Addition) (Geary) Motion carried (Yes: Silverberg, Ross, Stewart, Bostinelos, Beukelman, Geary Abstain: 0). Recommended Conditions if Proposals are Approved: 1) Require access easement over alley.

96 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: Vacation Ordinance Attachment B: General Area Map Attachment C: Photos / Aerial Views Attachment D: Design Standards Attachment E: Zoning History Attachment F: Application BACKGROUND REPORT: The subject property consists of: Lots 4, 5, and 6 of Lot 12 of Coles Addition Lots A and B of the replat of Lots 1, 2, and 3 of Lot 12 of Coles Addition. The west half of the east/west alley in Lot 12 of Coles Addition Coles Addition was platted in From the enactment of the City s first Zoning Ordinance in 1926 to The entire block, with the exception of Lot 7 at the Block s SE corner, was zoned C Multiple Dwelling (250 sq. ft. of lot area per unit). Lot 7 was zoned D Commercial and housed an old neighborhood corner store (now apartments). During this time Plymouth Street on the Block s west side became Highway 75 and the westerly 5 feet of the Block was acquired for highway expansion. In 1976 (with the Zoning Ordinance rewrite) the Block was rezoned to RG-50 and the corner store was zoned BN. The commercial zoning was reduced to just the east half of Lot 7. In 1997, the southwest corner of the Block (part of what is proposed for rezoning with this RCA) was rezoned from RG-50 to BG with the intent to build a used car lot at that location. Minutes of that meeting noted that it was the City s intention to rezone the Block between Lewis Boulevard and Dubuque Street all the way from 11 th Street south to 7 th Street for commercial uses. At that time Council Members suggested rezoning the entire Block to BG all at once. Staff replied that this was discussed at the Planning and Zoning meeting but area property owners preferred that the rezoning be done on a case by case basis.

97 With the 2015 Zoning Ordinance rewrite, the southwest corner of the Block and much of the southeast corner was rezoned to SC (Suburban Commercial). As per the Zoning Ordinance, Suburban Commercial (SC) District was to be the equivalent to the BN and BNH while the General Commercial (GC) District was intended to be equivalent to the BC and BG Districts The 2005 Comprehensive Plan designated the area as Mixed Use Community. The applicant wants to establish a car lot on the subject property (similar to the 1997 rezoning). The technical term for what the applicant wants is Automobile Sales, Rental and Service. The SC District prohibits Automobile Sales, Rental and Service while the General Commercial (GC) District allows them as limited uses. As per Subsection (5), the limitations are: a. All service and repairs are performed within a fully-enclosed building. b. All permanent storage of material, merchandise, and equipment, including wrecked vehicles and excluding the display of vehicles for sale or lease, are stored in areas screened from view in accordance with the standards set out in Section , Nonresidential and Mixed Use Accessory and Supplemental Standards; c. Access is taken from a collector or arterial street or from a local street if no residential use is between the access point and the nearest intersection with a collector or arterial street; d. Buffering is to be in accordance with the standards set out in Section , Bufferyards. Limitations on Limited Uses as opposed to conditions on Conditional Uses are reviewed and approved by staff. Staff sees no issues with these limitations that can t be overcome. ANALYSIS: Rezoning Given that part of the rezoning will be from NC.4 to GC and part will be from SC to GC, City Legal staff has advised that two separate rezoning ordinances will be needed. Therefore, staff will analyze each separately. Then will analyze the alley vacation. SC to GC This proposed rezoning basically reaffirms the 1997 rezoning which was somewhat undone by the 2015 Zoning Ordinance rewrite. The proposed use is consistent with land uses east across Lewis Boulevard as well as all along Lewis Boulevard. It is also consistent with the Comprehensive Plan. NC.4 to CG The proposed use extends north in a 50 foot or so wide strip to 11 th Street. The proposed use is consistent with land uses east across Lewis Boulevard as well as all along Lewis Boulevard. It too is also consistent with the Comprehensive Plan. The long, narrow shape of this land presents zoning challenges. The 45± foot wide by 150 foot long tract contains only about 6,750 sq. ft. The SC District has a minimum lot area of 7,500 sq. ft. Staff believes that the best way to address this would be to vacate the west half of the east/west alley and combine the SC, NC.4 portions and the alley into one 30,900 sq. ft. tract with 316 L.F. of frontage on Lewis Boulevard, 145± L.F. on 10 th Street, and 45± L.F. of frontage on 11 th Street.

98 Alley Vacation The subject alley runs from the N/S alley west to Lewis Boulevard. Both the City and the Iowa Department of Transportation would prefer as few curb cuts onto Lewis Boulevard (alley or otherwise) as possible to limit traffic conflict points. The alley is unpaved but does appear to be used by the properties at th Street and th Street. Alley access to the east, north and south will not be impacted. Staff would require the applicant to grant an easement to these two property owners if the alley is vacated. The entirety of the west half of the east/west alley is proposed to be vacated as it is City policy to avoid creating dead end alleys. Site Plan The Zoning Ordinance contains design standards which will apply to this property. If the rezoning is approved a site plan will be required at the building permit review stage. It will not be reviewed by the Planning and Zoning Commission. A very preliminary site plan is as follows:

99 This site plan is a good start, but it is likely that staff will require some revisions to setbacks, landscaping, and access through the DRC and site plan review process. Design, landscaping, and access standards that staff will require to be met at the site plan review stage are shown on Attachment C. SURROUNDING ZONING AND LAND USE: North: GC; vacant lot and convenience store. South: NC.4; SFR East: NC.4; SFR West: BP; car lot DEPARTMENT COMMENTS No staff comments received. COMPREHENSIVE PLAN: The 2005 Comprehensive Plan indicates this area as Mixed Use Community. URBAN RENEWAL / URBAN REVITALIZATION / TIF: This property is not included in an Urban Renewal Area SUBAREA / CORRIDOR PLAN: This property is not in an area covered by a subarea plan FLOOD PLAIN: This property is not included in a flood plain. CITIZEN RESPONSE: Fifteen (15) notices were sent within the required timeframe. To date three response have been received in opposition. In addition to the two following letters, staff received a phone call from Jesse Holmes th Street who indicated opposition to the establishment of another car lot on Lewis Boulevard.

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102 Attachment A: Ordinance Prepared by: Nicole M. DuBois, P.O. Box 447, Sioux City, Iowa Telephone No. (712) After recording return to: City of Sioux City, Iowa, P.O. Box 447, Sioux City, Iowa ORDINANCE NO ORDINANCE VACATING THE WEST HALF OF THE EAST/WEST ALLEY IN THE BLOCK BOUNDED BY LEWIS BOULEVARD, 10TH STREET, 11TH STREET AND DUBUQUE 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 the east/west alley, being all abutting Lot 4 in Block 12 of Cole s Addition to Sioux City, in the County of Woodbury, State of Iowa. Containing an area of 2,400 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.

103 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: January 14, 2019 ATTEST: Lisa L. McCardle, City Clerk Robert E. Scott, Mayor 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 adopted by the City Council of Sioux City on, Signed this day of, Lisa L. McCardle, City Clerk I hereby certify that a summary of the foregoing was published in the Sioux City Journal on January 19, 2019 Lisa L. McCardle, City Clerk U:\City Legal\Secure\P & Z Ordinances\PZ Docx

104 ORDINANCE VACATING THE WEST HALF OF THE EAST/WEST ALLEY IN THE BLOCK BOUNDED BY LEWIS BOULEVARD, 10TH STREET, 11TH STREET AND DUBUQUE STREET. This is a summary of Ordinance Number passed by the Sioux City City Council on, 2019 and is effective today. A complete copy of the ordinance is available at the office of the City Clerk in City Hall, th Street, Sioux City, Iowa, Monday through Friday, 8:00 a.m. to 4:30 p.m. This ordinance vacates the following described public right of way within the City of Sioux City, Woodbury County, Iowa: All that part of the west half of the east/west alley, being all abutting Lot 4 in Block 12 of Cole s Addition to Sioux City, in the County of Woodbury, State of Iowa. Containing an area of 2,400 square feet more or less. /s/ Lisa L. McCardle, City Clerk Publish in the Sioux City Journal, 2019.

105 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 Ordinance under and by virtue of which it is proposed to vacate the following described real estate in Sioux City, Iowa: All that part of the west half of the east/west alley, being all abutting Lot 4 in Block 12 of Cole s Addition to Sioux City, in the County of Woodbury, State of Iowa. Containing an area of 2,400 square feet more or less. (The west half of the east/west alley in the block bounded by Lewis Boulevard, 10th Street, 11th Street and Dubuque Street) ( ) 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 January 7, 2019, at the council meeting commencing at 4:00 P.M., Local Time, or as soon thereafter as the matter may be considered. At said hearing interested persons may appear and be heard for or against said proposed vacation. CITY OF SIOUX CITY, IOWA /s/ Lisa L. McCardle, City Clerk Publish in the Sioux City Journal December 31, 2018

106 Attachment B:

107 Attachment C: Photos / Aerial Views

108 Attachment D: Design Standards Automobile Sales, Rental and Service. Limitations --All service and repairs are performed within a fully-enclosed building. --All permanent storage of material, merchandise, and equipment, including wrecked vehicles and excluding the display of vehicles for sale or lease, are stored in areas screened from view in accordance with the standards set out in Section , Nonresidential and Mixed Use Accessory and Supplemental Standards; --Access is taken from a collector or arterial street or from a local street if no residential use is between the access point and the nearest intersection with a collector or arterial street; --Buffering is to be in accordance with the standards set out in Section , Bufferyards. Building Setbacks --Front Yard Setback (from Lewis) feet --Side Yard Setback (to the north) feet --Street Side Setback (to 10th Street)---20-feet --Rear Setback feet --Residential District Boundary (to the east) feet (measured from center of alley) Façade Treatments --Front Elevation (west). --The building elevation(s) fronting on or most directly facing street right-of-way The decorative material that must cover at least 60% of the front façade are: --proven high-quality, durable materials. These materials include: (two of these must be used) --Brick, including thin brick; --Stone, including cast stone, manufactured stone, limestone, granite, or other native or naturally occurring stone; --Architectural (textured) concrete masonry units, including split face, weathered face, sandblasted face, and ground face blocks; --Fiber cement siding; --Glass;

109 --Pre-finished architectural aluminum composite metal wall panels (e.g., Alucobond or equal); and --Terra cotta. --The remainder of the façade (40%) may be covered by: --Standard Building Materials. --Portland cement stucco; --Exterior Insulation Finish System (EIFS), provided: Street Side Elevation (south). --Use of a wall drainage system (barrier wall systems are prohibited); and --Use of a 20 oz. high-impact mesh below eight feet above ground level. --Vinyl siding provided it is used on no more than 25 percent on a front or streetfacing elevation; and --Embossed or pre-finished architectural metal panel (26+ gauge), which has an appearance of masonry or stucco. --Same as on the front facade Non-Street Side Elevation (north) --Decorative building material on 30 percent or 50 feet of the facade, whichever is greater. --The remaining portion of the building facade shall be constructed of a standard building material. Rear Elevation (east). --The building elevation facing the rear of the property may be constructed of or faced with a standard building material on 100 percent of the facade elevation. --These materials are: --Portland cement stucco; --Exterior Insulation Finish System (EIFS), provided: --Use of a wall drainage system (barrier wall systems are prohibited); and --Use of a 20 oz. high-impact mesh below eight feet above ground level. --Vinyl siding provided it is used on no more than 25 percent on a front or streetfacing elevation; and --Embossed or pre-finished architectural metal panel (26+ gauge), which has an appearance of masonry or stucco. --Mechanical equipment must be screened from view. **Façade drawings will be required as part of the site plan.

110 Parking Lot Landscaping --Since the site plan shows more than 21 parking spaces the following landscaping would be required. --Along Lewis Boulevard: --A perimeter landscape buffer that is at least eight feet in width is required along at least 65% of the frontage. Shrubs planted to form a buffer that is at least 30 inches in height, provided that the landscape area is set back from parking spaces a minimum three feet. I recommend a row of five gal. spyreas trimmed to 30 inches in height to protect the cars from snow, ice, gravel, salt and whatever that will be thrown onto the lot by snow plows. --A tree island with two trees, or two tree islands with one each would be required somewhere on the lot. Tree Islands must be a minimum of 162 sq. ft. and meet the following requirements: --Islands shall be protected by a curb, which may include breaks to allow for storm water flows into recessed landscape areas for detention and/or treatment. --Tree islands shall contain an area of at least 36 square feet of permeable soil surface, which shall be planted with a ground cover and may include one large tree or two small trees. --Along 10 th Street --The landscape buffer also would apply to at least 25% of the 10th Street frontage. **You may need a landscaper to develop this landscaping. Access Requirements. --Since Lewis Boulevard is an arterial street a curb cut off of 10th Street would have to be at least 75-feet east of Lewis Boulevard. Storm water detention requirements. Signage --All developments that create more than 5,000 sq.ft. of impervious area must have storm water detention facilities as follows. --Permits required for free standing and wall signage.

111 Attachment E: Zoning History

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114 Attachment F: Application

115 CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION x Regular Session Study Session Closed Session MEETING DATE: January 14, 2019 ACTION ITEM # 12 FROM: Jeff Hanson, Community Development Operations Manager (SW) SUBJECT: Hearing and Resolution accepting the proposals of MidAmerican Energy Company for the granting of Underground Electric Easements in certain land in the Combined Central Sioux City -CBD Urban Renewal Area. (portions of 220 Pierce Street and 225 Nebraska Street) Reviewed By: x Department Director x Finance Department x City Attorney x City 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 two underground electric easements to MidAmerican Energy Company on property located at 220 Pierce Street and 225 Nebraska Street. The Sioux City Art Center has just finished building the Gilchrist Learning Center on this property and Mid- American needed to relocate underground electric lines to accommodate the construction. MidAmerican has completed the necessary survey work to provide a legal description and the City now needs to grant the easements. This is in the Combined Central Sioux City - CBD Urban Renewal Area. The resolution on Monday s agenda authorizes the issuance of the two underground electric easements to MidAmerican Energy Company. FINANCIAL IMPACT: The amount of One dollar and no/100 ($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

116 ALTERNATIVES: Do not approve the resolution ATTACHMENTS: Resolution Letter of Intent Aerial

117 RESOLUTION NO with attachments RESOLUTION ACCEPTING THE PROPOSALS OF MIDAMERICAN ENERGY COMPANY FOR THE GRANTING OF UNDERGROUND ELECTRIC EASEMENTS IN CERTAIN LAND IN THE COMBINED CENTRAL SIOUX CITY - CBD URBAN RENEWAL AREA. (PORTIONS OF 220 PIERCE STREET AND 225 NEBRASKA STREET) WHEREAS, in furtherance of the objectives of Chapter 403 of the Code of Iowa, the City of Sioux City, Iowa, has undertaken a program of redevelopment of blighted areas 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 granting of an underground electric easement in land in an urban renewal area by publishing public notice of its intent to receive and accept any such proposal; and WHEREAS, MidAmerican Energy Company has submitted proposals to acquire underground electric easements in portions of the following described property in the Combined Central Sioux City -CBD Urban Renewal Area: (220 Pierce Street) Those portions of Lots 1 and 2, Block 27, East Sioux City, an addition to the City of Sioux City, Woodbury County, Iowa, described as follows: Commencing at the northwest corner of said Lot 1; thence South 89 29'54" East along the north line of said Lot 1 for a distance of feet to the Point of Beginning; thence continuing South 89 29'54" East along said north line for a distance of feet; thence South 00 36'17" West for a distance of feet; thence North 89 46'10" West for a distance of feet; thence South 00 36'17" West for a distance of 6.10 feet; thence South 89 23'43" East for a distance of 5.97 feet; thence South 00 36'17" West for a distance of feet; thence North 89 23'43" West for a distance of 8.16 feet; thence North 00 36'17" East for a distance of feet; thence South 89 46'10" East for a distance of feet; thence North 00 36'17" East for a distance of feet to the Point of Beginning, containing 1,158 square feet, more or less. Subject to easements, if any, of record or apparent. AND (225 Nebraska Street) Those portions of Lots 1 and 2, Block 27, East Sioux City, an addition to the City of Sioux City, Woodbury County, Iowa, described as follows: Commencing at the northwest corner of said Lot 1; thence South West along the west line of said Lot 1 for a distance of feet to the Point of Beginning; thence South East for a distance of feet; thence South East for a distance of feet; thence South West for a distance of feet; thence North West for a distance of feet; thence North East for a distance of feet; thence North

118 West for a distance of feet; thence South West for a distance of feet to the west line of said Lot 1; thence North East along said west line for a distance of feet to the Point of Beginning, containing 1,700 square feet, more or less. Subject to easements, if any, of record or apparent; and WHEREAS, pursuant to Resolution No passed and approved by the City Council on December 10, 2018, the City indicated its intent to accept said proposals of MidAmerican Energy 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, a hearing was held on the proposals so submitted and the City Council is of the opinion and belief that it would be in the best interests of the City to accept the proposals of MidAmerican Energy Company for the granting of underground electric easements in said property and that accepting such proposals is in the public interests; and WHEREAS, "Underground Electric Easements", copies of which are attached hereto and by this reference made a part hereof, for the granting of underground electric easements in said property pursuant to the terms of said proposals, 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 Underground Electric Easements in the above described real property be granted in accordance with the terms and conditions set forth therein to MidAmerican Energy Company and the Mayor and City Clerk be and they are hereby authorized and directed to execute same for and on behalf of the City of Sioux City, Iowa. BE IT FURTHER RESOLVED that upon receipt of the consideration fixed in said Underground Electric Easements and the costs incurred that the Underground Electric Easements be delivered to MidAmerican Energy Company. PASSED AND APPROVED: January 14, 2019 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Resolutions\Res2019\Com Dev\Urban Renewal Easement 2 (Midamerican 220 Pierce St & 225 Nebraska St).Docx

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129 CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION x Regular Session Study Session Closed Session MEETING DATE: January 14, 2019 ACTION ITEM # 13 FROM: Jim Haden, EMS Director SUBJECT: Resolution authorizing and directing the Mayor and City Clerk to execute a 28E Agreement for medical emergency response services between the Sioux City EMS, a division of the City of Sioux City, Iowa and South Sioux City, Nebraska. Reviewed By: x Department Director x Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully requests that the City Council approve a 28E Agreement to both provide and receive Emergency Medical Services from South Sioux City per the attached 28E Agreement. DISCUSSION: Both Sioux City and South Sioux City have limited emergency medical services capabilities. The attached 28E Agreement allows for assistance as required between services. Each agency will bill the patient directly so there is no intergovernmental costs or fees associated with this 28E Agreement. This 28E Agreement strengthens our ability to provide consistent and reliable service to our citizens and visitors. FINANCIAL IMPACT: No impact except for the potential for more billing as per the 28E Agreement. RELATIONSHIP TO STRATEGIC PLAN: II. Health and Safety Cluster: We will be known as a safe and healthy city. ALTERNATIVES: Alter the 28E Agreement as written or decline to provide the service. ATTACHMENTS: Resolution 28E Agreement

130 RESOLUTION NO with attachments RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A 28E AGREEMENT FOR MEDICAL EMERGENCY RESPONSE SERVICES BETWEEN THE SIOUX CITY EMS, A DIVISION OF THE CITY OF SIOUX CITY, IOWA AND SOUTH SIOUX CITY, NEBRASKA. WHEREAS, the City of Sioux City has established and staffed, within Sioux City Fire Rescue, a civilian medic division to provide excellence in emergency ambulance care to the citizens of Sioux City; and WHEREAS, South Sioux City, Nebraska recently began providing emergency ambulatory transport within its district; and WHEREAS, both Sioux City EMS, a division of the City of Sioux City, and South Sioux City, Nebraska have trained personnel and equipment and are willing to assist each other in situations where additional personnel and/or equipment are needed to respond to the emergency medical needs of its citizens; and WHEREAS, the parties desire to enter into a 28E Agreement setting forth the various rights and responsibilities in providing such medical emergency response services; and WHEREAS, there is attached hereto and by this reference made a part hereof, a copy of said 28E Agreement which should be approved and the Mayor and City Clerk authorized and directed to execute. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the 28E Agreement for Medical Emergency Response Services between the Sioux City EMS, a division of the City of Sioux City, Iowa and South Sioux City, Nebraska, referred to in the preamble hereof, be and the same is hereby approved as to form and content. BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to execute said 28E Agreement for and on behalf of the City. PASSED AND APPROVED: January 14, 2019 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk

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140 x Regular Session Study Session Closed Session CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION MEETING DATE: January 14, 2019 ACTION ITEM # 14 FROM: Jeff Hanson, Community Development Operations Manager SUBJECT: Resolution authorizing and approving a Subordination Agreement between Heritage Bank National Association and the City of Sioux City in connection with the 48 South L.L.C. residential project located at 4800 Southern Hills Drive, Sioux City, Iowa. (Deferred from January 7, 2019) (Motion requested to defer this item to January 28, 2019) Reviewed By: x Department Director Finance Department x City Attorney x City Manager RECOMMENDATION: Staff respectfully requests Council approve the above resolution which authorizes and approves a subordination agreement between Heritage Bank National Association and the City of Sioux City. DISCUSSION: On August 27, 2018 the City Council approved a Development Agreement with 48 South L.L.C. for a new 100 unit residential project located at 4800 Southern Hills Drive. The Agreement includes a recorded Promissory Note in the amount of $600, The property owner is in the process of financing the project and therefore a subordination agreement has been requested by the lender, Heritage Bank National Association. FINANCIAL IMPACT: None. RELATIONSHIP TO STRATEGIC PLAN: Expand Development Opportunities and Grow Sioux City. ALTERNATIVES: None recommended. ATTACHMENTS: Resolution Subordination Agreement

141 RESOLUTION NO with attachments RESOLUTION AUTHORIZING AND APPROVING A SUBORDINATION AGREEMENT BETWEEN HERITAGE BANK NATIONAL ASSOCIATION AND THE CITY OF SIOUX CITY, IOWA, IN CONNECTION WITH THE 48 SOUTH L.L.C. RESIDENTIAL PROJECT LOCATED AT 4800 SOUTHERN HILLS DRIVE WHEREAS, on August 27, 2018, pursuant to Resolution No , the City entered into a Development Agreement and Promissory Note with 48 South L.L.C. for a residential development located at 4800 Southern Hills Drive, which Development Agreement was filed with the Woodbury County Recorder s Office on August 30, 2018 at Roll 760, Image and the Promissory Note filed with the Woodbury County Recorder s Office on August 30, 2018 at Roll 760, Images ; and WHEREAS, 48 South L.L.C. is financing the project with Heritage Bank National Association; and WHEREAS, it has been requested that the City of Sioux City subordinate the lien to Heritage Bank National Association in the form of a Subordination Agreement, a copy of which 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 the Subordination Agreement described in the preamble hereof between the City of Sioux City and Heritage Bank National Association be and the same is hereby approved as to form and content and the Mayor and City Clerk are hereby authorized and directed to execute said Subordination Agreement for and on behalf of the City. PASSED AND APPROVED: January 14, 2019 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk

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