notice of meeting of the city council of the city of sioux … · ment agreement between the city...

NOTICE OF MEETING OF THE CITY COUNCIL

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

You are hereby notified a meeting of the City Council of the City of Sioux City, Iowa, will be held April 15, 2013, 4:00 p.m., local time, in the City Council Chambers, 5th Floor, City Hall, 405 6th Street, Sioux City, Iowa, for the purpose of taking official action on the agenda items shown hereinafter and for such other business that may properly come before the Council.

This is a formal meeting during which the Council may take official action on various items of business. If you wish to speak on an item, please follow the seven participation guidelines adopted by the Council for speakers:

1. Anyone may address the Council on any agenda item. 2. Speakers should approach the microphone one at a time and be recognized by the Mayor. 3. Speakers should give their name, spell their name, give their address, and then their

statement. 4. Everyone should have an opportunity to speak. Therefore, please limit your remarks to

three minutes on any one item. 5. At the beginning of the discussion on any item, the mayor may request statements in favor

of an action be heard first followed by statements in opposition to the action. 6. Any concerns or questions you may have which do not relate directly to a scheduled item

on the agenda will also be heard under ‘Citizen Concerns’. 7. For the benefit of all in attendance, please turn off all cellular phones and other communi-

cation 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 Civil Service Commission - Troy Nelson CONSENT AGENDA Items 3 through 13I constitute a Consent Agenda. Items pass unanimously unless a sep-arate roll call vote is requested by a Council Member. 3. Reading of the minutes of April 1 (Closed and Regular) and 4, 2013. 4. BOA - Motion acknowledging Board of Adjustment actions of March 26, 2013. 5. SECTION 8 - Resolution setting the time and place for a public hearing on the revisions to

the Administrative Plan for the Section 8 Housing Choice Voucher Program and directing that notice of the public hearing be published.

6. RESOLUTIONS RELATING TO GRANTS

A. IDOT - Resolution authorizing and approving the submission of an application for An-nual Consolidated Transit Assistance Funding from the Iowa Department of Transpor-tation.

http://www.sioux-city.org/

B. FTA - Resolution authorizing the filing of applications with the Federal Transit Admin-

istration, an operating administration of the United States Department of Transporta-tion, for Federal Transportation Assistance authorized by 49 U.S.C Chapter 53, Title 23 United States Code and other Federal statutes administered by the Federal Transit Administration.

7. RESOLUTIONS RELATING TO STREET CLOSURES

A. ORPHEUM - Resolution temporarily closing Pierce Street from 5th Street to 6th Street beginning at 1:00 p.m. and ending at 4:00 p.m. April 17, 2013 to allow for the load-ing/unloading of senior citizens attending a program at the Orpheum Theatre.

B. BOAT CLUB - Resolution temporarily closing the south half of the north/south alley be-

tween 5th Street, 6th Street, Iowa Street and Floyd Boulevard beginning at 6:00 p.m. April 19, 2013 and ending at 2:00 a.m. April 20, 2013 and temporarily closing again beginning at 5:00 p.m. April 20, 2013 and ending at 2:00 a.m. April 21, 2013 for the Missouri River Boat Club Fundraiser.

C. FIREFIGHTERS - Resolution temporarily closing Pierce Street from 5th Street to 6th

Street and the south lane of 6th Street from Nebraska Street to Douglas Street begin-ning at 5:30 p.m. and ending at 9:30 p.m. May 4, 2013, for the Sioux City Professional Firefighters’ Apparatus Showcase.

D. RACE FOR THE CURE - Resolution temporarily closing downtown streets including

4th Street and 5th Street between Iowa Street and Pierce Street; Iowa Street, Court Street, Virginia Street, Jennings Street, Jones Street, Jackson Street, Nebraska Street and Pierce Street between 4th Street and 5th Street; Pearl Street from 5th Street to Grandview Boulevard; 11th Street from Grandview Boulevard to the Perry Creek Trail; Perry Creek Trail from 11th Street to 5th Street; 5th Street from Perry Creek Trail to Water Street; Water Street from 5th Street to 4th Street and 4th Street from Water Street to Jones Street beginning at 6:00 a.m. and ending at approximately 10:30 a.m. or upon the final participant completion of the race May 5, 2013, to accommodate the Susan G. Komen Race For The Cure.

E. MORNINGSIDE DAYS - Resolution temporarily closing Morningside Avenue from

South Lakeport Street to South Cecelia Street (Cecelia Park) on May 16, 2013 begin-ning at 5:30 p.m. and ending at 7:30 p.m. and restricting travel to local traffic only on Morningside Avenue from South Lemon Street to South Lakeport Street to and includ-ing the side streets north of Morningside Avenue from Morningside Avenue to Orleans Avenue on South Palmetto Street, South Cedar Street and South Lemon Street and the side streets south of Morningside Avenue from Morningside Avenue to 4th Avenue on South Palmetto Street, South Cedar Street and South Lemon Street to accommo-date the Morningside Days Parade.

F. BRIAR CLIFF - Resolution temporarily closing Pierce Street from 6th Street south to

5th Street and the adjacent east/west alleys between the west end of the Wilbur Aalfs Library building to the east end of the Orpheum building beginning at 6:00 a.m. and ending at 1:00 p.m. on Saturday, May 18, 2013, to accommodate the Briar Cliff Univer-sity Outdoor Graduation Reception.

8. RESOLUTIONS ADOPTING CONSTRUCTION DOCUMENTS

A. MILWAUKEE RR - Resolution adopting plans, specifications and form of contract for the proposed construction of the Milwaukee Railroad Shops Historic District - Visitors Center Restroom Facility Project. (Project No. SB-IA-7057(664)-2T-97)

B. INTERSECTION RECON - Resolution adopting plans, specifications and form of con-

tract for the proposed construction of the 2013 Intersection Reconstruction Project. (West 2nd Street and Sioux Street and 38th Street and Jones Street)

9. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS

A. TSA - Resolution authorizing and approving a Law Enforcement Officer Reimburse-ment Agreement between the City of Sioux City, Iowa, and the Transportation Security Administration. (Award No. HSTS0213HSLR305)

B. SC ENGINEERING - Resolution awarding and approving a contract to Sioux City En-

gineering, Co. of Sioux City, Iowa, in the amount of $74,325 for the Legacy Park Site Improvements, Phase I Project. (3014 and 3020 1/2 Glen Ellen Road)

C. LONG LINES - Resolution granting a permit to Long Lines of Sergeant Bluff, Iowa, to

own, operate and maintain underground cable beginning at an existing vault located in the Iowa Department of Transportation Right-Of-Way behind Hobby Lobby located at 4501 Southern Hills Drive and extending east across South Lakeport Street and ending at a cellular tower located behind Southern Hills Self Storage located at 4711 Southern Hills Drive.

D. LONG LINES - Resolution granting a permit to Long Lines of Sergeant Bluff, Iowa, to

own, operate and maintain underground cable from an existing underground vault lo-cated near the intersection of West 19th Street and Casselman Street to 2121 West 19th Street.

E. IDOT - Resolution approving an agreement with the Iowa Department of Transportation

for use of Wesley Parkway, 5th Street and Pierce Street as detours in connection with the I-29 Reconstruction Project during the 2013 construction season. (Project No. Im-29-6(168)146-13-97)

F. HOLTZE - Resolution granting a grading permit to Holtze Construction to remove soil

from an existing borrow site located at 3100 South Lewis Boulevard to mitigate severe erosion at an adjacent site located at 4230 Hickory Lane. (Prestwick Apartment Drain-age Improvements)

G. FAHRNER - Resolution awarding and approving a contract to Fahrner Asphalt Sealers,

LLC of Plover, Wisconsin, in the amount of $97,748.64 for seal coating of the South Ramp at Sioux Gateway Airport/Colonel Bud Day Field.

H. LESSENICH - Resolution authorizing and approving Releases of a Mortgage and

Agreement for Covenants and Restrictions conditional upon receipt of Assignment of Mortgage by and between the City of Sioux City, Iowa and Community Housing Initia-tives, Inc. and CHI Sioux City, LLLP; an Agreement for Covenants and Restrictions be-tween the City of Sioux City, Iowa and Community Housing Initiatives, Inc.; and ac-ceptance of a Mortgage, Promissory Note and Assignment of Mortgage from Commu-nity Housing Initiatives, Inc.; all for the purposes of restructuring $349,452 in HOME funds for the renovation of affordable housing at the Lessenich Apartments located 510 Pearl Street in Sioux City, Iowa.

I. CARNEGIE - Resolution authorizing and approving Releases of a Mortgage, Agree-

ment for Covenants and Restrictions, Funding Agreement and Promissory Note upon receipt of full payment by and between the City of Sioux City, Iowa and Community Housing Initiatives, Inc. for the Carnegie Apartments located at 705 6th Street.

10. RESOLUTIONS RELATING TO PROPERTY

A. BOULEVARD OF CHAMPIONS - Resolution inviting proposals for the lease of land in the Donner Park Urban Renewal Area, announcing the intent to accept the proposal of Charles Oehlerking, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (A 109 acre parcel of property located at 2201 Boulevard of Champions)

B. FLORENCE AVENUE - Resolution proposing to sell certain real property. (A vacated

portion of Florence Avenue abutting 1909 Boies Street) (Petitioner: Norbert J. Bravo and Diane M. Bravo) (Purchase price: $1,264.45 plus costs)

C. GORDON DRIVE - Resolution inviting proposals for the sale of land in the Combined

Central Sioux City –CBD Urban Renewal Area, announcing the intent to accept the proposal of Carisch, Inc., fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (The vacated north/south alley abutting 919 Gordon Drive)

D. JENNINGS STREET - Resolution inviting proposals for the sale of land in the Com-

bined Central Sioux City -CBD Urban Renewal Area, announcing the intent to accept the proposal of James Mark Rocklin, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (The vacated north/south alley abutting 110 Jennings Street)

E. COMBINED FLOYD RIVER - Resolution setting dates of a consultation and a public

hearing on proposed Amendment No. 5 to the Combined Floyd River Urban Renewal Plan for the Combined Floyd River Urban Renewal Area of the City of Sioux City, Iowa. (I-29 Yards Business Park, Lafayette Street South, Yards Streetscaping Project)

F. DONNER PARK - Resolution setting dates of a consultation and a public hearing on

proposed Amendment No. 11 to the Donner Park Urban Renewal Plan for the Donner Park Urban Renewal Area of the City of Sioux City, Iowa. (Southbridge Rail Project, Expedition Business Park Storm Water Project, Bridgeport Infrastructure and New De-velopment, 225th Street Paving Project)

G. COMBINED CENTRAL - Resolution setting dates of a consultation and a public hear-

ing on proposed Amendment No. 6 to the Combined Central Sioux City -CBD Urban Renewal Plan for the Combined Central Sioux City -CBD Urban Renewal Area of the City of Sioux City, Iowa. (Chris Larsen Park Improvements, Downtown Development Land Based Casino Project, Historic Pearl District Project, and Museum Building Re-furbishment Project)

11. TOTAL CHECKS - Approve total checks issued for the reporting period of March 2013, in

the total amount of $6,917,110.07. 12. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. CLASS “C” BEER PERMIT 1. Pronto Express, 1800 Highway 75 North (Renewal)

B. CLASS “C” LIQUOR LICENSE 1. Steinbeck’s Pub, 3929 Floyd Boulevard (Renewal) 2. Uncle Dave’s Neighborhood Pub, 1427 West 3rd Street (Renewal) 3. BamBooze DryDock, 1085 Council Oak Drive (Renewal)

13. RECEIPT OF MINUTES

A. Board of Adjustment - March 12, 2013 B. Building and Housing Code Board - January 8 and April 2, 2013 C. Civil Service Commission - February 5, 2013 D. Cone Park Committee - March 13, 2013 E. Environmental Advisory Board - February 14, 2013 F. Library Board of Trustees - March 20, 2013 G. Mayor’s Youth Commission - February 25, March 4 and 18, 2013 H. Parking and Skywalk System Board of Trustees - March 20, 2013 I. Planning and Zoning Commission - March 12, 2013

(End of Consent Agenda)

HEARINGS 14. Hearing and Resolution accepting the proposal of The Armory Board, State of Iowa for the

lease of certain land in the Donner Park Urban Renewal Area and authorizing lease of said property. (Property adjacent to 3200 2nd Mech Drive)

15. Hearing and Resolution approving plans, specifications, and form of contract for construc-

tion of the Palmetto Street Watermain Project. 16. Hearing and Resolution approving plans, specifications, and form of contract for construc-

tion of the Riverfront Sanitary Sewer Interceptor Cleaning Project. 17. Hearing and Resolution adopting the Annual Plan for the Section 8 Housing Choice Vouch-

er Program and authorizing the City Manager to execute required assurances and certifica-tions in connection therewith.

18. Hearing and Resolution approving proposal to grant a Temporary Easement. (Vacated por-

tion of the north/south alley abutting 1821 Douglas Street) (Petitioner: Robert Rehan on be-half of Ulises Colindres) (Purchase price: $15 plus costs)

ORDINANCES 19. Ordinance amending the “Sioux City Main Street Self-Supported Municipal Improvement

District” pursuant to the provisions of Chapter 386, Code of Iowa; providing for a revised district; the continued establishment of a revised operations fund; and the levy of annual taxes in connection therewith.

DISCUSSION 20. Resolution amending Resolution No. 2012-0484 relating to the Hearing on Manager’s Re-

port on demolition of and Resolution declaring a certain structure to be dangerous or dilapi-dated as defined by the Municipal Code and authorizing the City Manager to carry out such order to demolish said structure by authorizing a 90 day delay in demolition. (Address: 1301 Hill Avenue) (Property Owner: Blue Sky Rentals LLC)

21. Resolution approving a Cooperative Agreement between the Iowa Civil Rights Commission

and the Sioux City Human Rights Commission commencing July 1, 2012 and ending June 30, 2013, for the purpose of cross-filing complaints pursuant to Iowa Code Section 216.19.

22. CITIZEN CONCERNS 23. COUNCIL CONCERNS 24. ADJOURNMENT City Council agendas are also available at www.sioux-city.org. The City of Sioux City does not discriminate on the basis of disability in admission to, access to, or operations of its programs, ser-vices, or activities. Individuals who need auxiliary aids for effective communication in programs and services of the City of Sioux City are invited to make their needs and preferences known to the ADA Compliance Officer, City Hall, 405 6th Street, Room 204, (712) 279-6259. This notice is provided as required by Title II of the Americans with Disabilities Act of 1990.

U:\CityAgenda\Minutes and Agendas\Council Agendas\2013\041513a


x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: April 15, 2013 ACTION ITEM # 2

FROM: Lisa L. McCardle, City Clerk

SUBJECT: Interview for the Civil Service Commission - Troy Nelson

Reviewed By: x Department Director Finance

Department x City Attorney x City

Manager

RECOMMENDATION:

Staff respectfully requests that Council interview the above applicant for the applicable Board, Commission or Committee.

DISCUSSION:

Troy Nelson is reapplying for a position on the Civil Service Commission; currently there are 2 positions vacant on the Commission. Mr. Nelson has previously served the following terms: Civil Service Commission: Partial - 07/14/08 - 04/06/09 1st Term - 05/04/09 - 04/01/13 Below is a portion of the Vacancy Report pertinent to the Civil Service Commission:

Civil Service Commission must be Gender Balanced.

2 Vacancies NAME TERM (4 Year) Robert Hamilton Upcoming Expiration 04/01/13 Troy Nelson Upcoming Expiration 04/01/13 5 Members NAME TERM APPOINTMENT EXPIRES Robert Hamilton 1st 05/04/09 04/01/13 Troy Nelson 1st 05/04/09 04/01/13 A. Frank Baron 1st 09/19/11 04/06/15 Cindy Zeman Partial 09/19/11 04/06/15 Sandra Pearson Partial 10/22/12 04/04/16 5 Applications/ Date Received

NAME Interview date/ Notes

EXPIRES

02/13/12 Jim Rixner 06/25/12 08/11/13 11/30/12 Marty Pottebaum 04/01/13 05/30/14 03/04/13 Michael Bayala 04/01/13 09/04/14 03/08/13 Robert Hamilton 04/22/13 09/08/14 03/13/13 Troy Nelson 04/15/13 09/13/14

FINANCIAL IMPACT:

None. RELATIONSHIP TO STRATEGIC PLAN:

Interviewing and appointing citizens to various Boards, Commissions, and Committees shows our effort to incorporate citizen input in Municipal Government. Relates to Progressive Leadership Vision - We will use formal and informal methods to en-gage the Council, our employees, and our customers to promote enhanced organizational en-gagement and commitment to our shared vision; also relates to Strategy - Develop strong partnerships with our residents, visitor’s and business community.

ALTERNATIVES:

Staff respectfully requests Council interview all Board, Commission and Committee appli-cants; Council may then choose to fill open positions per their individual preference. City Clerk’s staff will gather preferences from Council after all applicants for each Board, Commission and Committee have interviewed and the expiration dates of the terms to be filled have passed.

ATTACHMENTS:

Application

Civil Service Commission - Troy Nelson

CITY COUNCIL CHAMBERS SIOUX CITY, IOWA APRIL 1, 2013 A Closed Session of the City Council was held at 3:20 p.m. The following Council Members were present on call of the roll: Capron, Fitch, Padgett, Radig and Scott. Absent: None. Other staff members present included: Paul Eckert, City Manager; Nicole Jensen-Harris, City Attorney; and Sarah Swearingen, Deputy City Clerk. Motion by Scott, seconded by Radig, that Council enter closed session to discuss strat-egy with Counsel in matters where litigation is imminent and its disclosure would be like-ly to prejudice or disadvantage the position of the City in that litigation; all voting aye. Motion by Scott, seconded by Capron, that Council return to open session at 4:11 p.m,; all voting aye. ADJOURNMENT There being no further business, the meeting was adjourned at 4:12 p.m., on motion by Scott, seconded by Radig; all voting aye. ATTEST: ____________________________ _____________________________ Lisa L. McCardle, City Clerk Robert E. Scott, Mayor City Council minutes are available on the Internet at www.sioux-city.org. u:\CityAgenda\Minutes and Agendas\Council Minutes\2013\040113csm


CITY COUNCIL CHAMBERS SIOUX CITY, IOWA APRIL 1, 2013 1. The Regular Meeting of the City Council was held at 4:13 p.m. The following Council Mem-

bers were present on call of the roll: Capron, Fitch, Padgett, Radig and Scott. Absent: None.

Other staff members present included: Paul Eckert, City Manager; Nicole Jensen-Harris, City Attorney; and Sarah Swearingen, Deputy City Clerk. Mayor Scott read three proclamations: promoting April 15, 2013 as “Purple Up! For Military Kids” Day; Angela Abts, Dakota County Extension Educator, 4-H & Youth Development; and Lori Risdal, Airman & Family Readiness Program; accepting; promoting April 2013 as Child Abuse Prevention Month; Carla Granstrom, Mercy Medical Center; accepting; and promoting April 2013 as Sexual Assault Awareness Month; Margaret Sanders, Council on Sexual Abuse and Domestic Violence; accepting; 2. The Council interviewed the following applicants for a position on the Civil Service Commis-

sion: Michael Bayala and Marty Pottebaum. CONSENT AGENDA Motion by Scott, seconded by Radig, to adopt the Consent Agenda; all voting aye. Items 3 through 13C are approved unanimously unless specifically noted after the item. 3. Reading of the minutes of March 25 and 26, 2013. Reading of the minutes of March 25 and 26, 2013, was waived and as part of the consent agenda the minutes were approved as presented. 4. POLICE - Resolution authorizing the Sioux City Police Department to submit an application

to the State of Iowa Office of Drug Control Policy Byrne - Justice Assistance Grant (JAG) Program for grant funding for the Tri-State Drug Task Force. 2013-0241

Chief Doug Young, Police Department; and Captain Lisa Claeys, Police Department; provided information on the item. 5. STREET CLOSURE - Resolution temporarily closing Larsen Park Road from the driveway

entrance of Bev’s on the River located at 1110 Larsen Park Road to the west driveway en-trance of the Argosy Casino located at 100 Larsen Park Road on April 6, 2013 beginning at 7:00 a.m. and ending at 11:00 a.m. for the Missouri River Runners Spring Thaw 5k and 10k Race. 2013-0242

6. D. A. DAVIS - Resolution approving the contract and performance bond with D. A. Davis

Co., Inc. of South Sioux City, Nebraska, in the amount of $538,869.70 for the Northern Val-ley Crossing Site Improvements Project. 2013-0243

Jade Dundas, Public Works Director, provided information on the item. Scott abstained on the item.

7. PERSONNEL - Resolution adopting and approving Personnel Manuals for Professional,

Administrative, Technical, Supervisory, Executive and Council Appointed Employees; Po-lice Supervisory Employees; and Fire Supervisory Employees for the period beginning July 1, 2013 and ending June 30, 2016 and approving salary schedules for said employee groups. 2013-0244

8. STEVE HARRIS CONSTRUCTION - Resolution accepting the work and authorizing final

payment to Steve Harris Construction, Inc. of Homer, Nebraska, for the West 19th Street Reconstruction (Casselman Street to Riverside Boulevard) Project. (Contract No. 97-7057-668, STP-U-7057(668)-70-97) 2013-0245

9. RESOLUTIONS ADOPTING CONSTRUCTION DOCUMENTS

A. CLARK ELEMENTARY - Resolution adopting plans, specifications and form of contract for the proposed construction of the Clark Elementary School Pedestrian Bridge Pro-ject. 2013-0246

Jade Dundas, Public Works Director, provided information on the item.

B. ROSE HILL - Resolution adopting plans, specifications and form of contract for the Rose Hill Retaining Wall Reconstruction Project located at 1720 Summit Street. 2013-0247

Jill Wanderscheid, Neighborhood Services Supervisor, provided information on the item. Request by Scott to pull the item from the Consent Agenda for a separate vote; the reso-lution was moved and seconded as part of the Consent Agenda; Scott voting nay. 10. RESOLUTIONS RELATING TO PROPERTY

A. IOWA STREET - Resolution approving and accepting a Warranty Deed from BRE, Inc. to the City in consideration of mutual benefits and dedicating said property as part of Iowa Street. (That portion of previously vacated Iowa Street lying between the south line of 3rd Street and the north line of vacated 2nd Street) 2013-0248

B. HEELAN - Resolution authorizing and approving a Release of Covenants in connection

with the Bishop Heelan Catholic School Project. (East 90 feet Lot 12, Block 74, Sioux City East Addition) 2013-0249

C. HEELAN - Resolution authorizing and approving a Release of Covenants in connection

with the Bishop Heelan Catholic School Project. (Lot 11 except west 30 feet, Block 74, Sioux City East Addition) 2013-0250

D. HEELAN - Resolution authorizing and approving a Release of Easement and Cove-

nants in connection with the Bishop Heelan Catholic School Project. (North 37.5 feet Lot 9, Block 74, Sioux City East Addition) 2013-0251

E. HEELAN - Resolution authorizing and approving a Termination of Easement in connec-

tion with the Bishop Heelan Catholic School Project. (East 150 feet Lots 7, 8 and 9 ex-cept north 60 feet and east 94.5 feet Block 61, Sioux City East Addition) 2013-0252

F. HEELAN - Resolution authorizing and approving a Termination of Easement in connec-

tion with the Bishop Heelan Catholic School Project. (Lot 3, Block 62, Sioux City East Addition) 2013-0253

G. HEELAN - Resolution authorizing and approving a Termination of Easement in connec-

tion with the Bishop Heelan Catholic School Project. (North 38 feet, east 110 feet, Lot 1, Block 60 ½, Sioux City East Addition) 2013-0254

H. HEELAN - Resolution authorizing and approving a Termination of Easement in connec-

tion with the Bishop Heelan Catholic School Project. (North 60 feet Tax Lot 2, Auditor’s Plat Block 61, Sioux City East Addition) 2013-0255

I. HEELAN - Resolution authorizing and approving a Termination of Easement in connec-

tion with the Bishop Heelan Catholic School Project. (West 16 feet, south 25 feet, north 72 feet, and east 89 feet of Tax Lot 2, Auditor’s Plat Block 61; west 16 feet, north 22 feet, east 89 feet of Tax Lot 2, Auditor’s Plat of Lots 7, 8, 9, Blocks 59, 60 and 61; west 8 feet of Tax Lot 2, Auditor’s Plat Block 61; and north 23 feet, east 21 feet, west 31.5 feet and east 94.5 feet of tax Lot 2, Auditor’s Plat Block 61, all in Sioux City East Addi-tion) 2013-0256

J. HEELAN - Resolution authorizing and approving a Termination of Easement in connec-

tion with the Bishop Heelan Catholic School Project. (Part of vacated 12th Street and part of vacated north/south alley abutting Lots 11 and 12, Block 62, Sioux City East Addition) 2013-0257

K. HEELAN - Resolution authorizing and approving a Termination of Easement in connec-

tion with the Bishop Heelan Catholic School Project. (West 2 feet north 38 feet east 110 feet, Lot 1, Block 60 ½, Sioux City East Addition) 2013-0258

L. HEELAN - Resolution authorizing and approving a Termination of Easement in connec-

tion with the Bishop Heelan Catholic School Project. (West 16 feet, south 25 feet, north 47 feet, east 89 feet Tax Lot 2, Auditor’s Plat Block 61, Sioux City East Addition) 2013-0259

M. HEELAN - Resolution authorizing and approving a Termination of Easement in connec-

tion with the Bishop Heelan Catholic School Project. (West 50 feet Lots 1 and 2, Block 73, Sioux City East Addition) 2013-0260

N. HEELAN - Resolution authorizing and approving a Termination of Easement in connec-

tion with the Bishop Heelan Catholic School Project. (Part of the west 52 feet of the east 208 feet of Lot 2, Block 75, Sioux City East Addition) 2013-0261

11. PURCHASING

A. KNOEPFLER - Resolution awarding a purchase order to Knoepfler Chevrolet of Sioux City, Iowa, in the amount of $84,400 for four (4) Chevrolet Impala police package 4-door sedans, front wheel drive, for the Sioux City Police Department. (Bid No. 200657) 2013-0262

B. KNOEPFLER - Resolution awarding a purchase order to Knoepfler Chevrolet of Sioux

City, Iowa, in the amount of $27,333 for one (1) Chevrolet Tahoe 2WD (SUV) for the Sioux City Police Department. (Bid No. 200658) 2013-0263

12. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. CLASS “B” BEER PERMIT 1. Floyd Slow Pitch Softball, 2500 Chautauqua Drive

(04/22/13-10/22/13 New 6 Month) B. CLASS “C” BEER PERMIT

1. Cubby’s, 4200 South York Street (Renewal) C. CLASS “C” LIQUOR LICENSE

1. The Dirty Dime, 4700 41st Street (04/15/13-10/15/13 New 6 Month) 2. Firehouse Bar, 1211 5th Street (04/19/13-04/21/13 Temporary Outdoor)

13. RECEIPT OF MINUTES

A. Airport Board of Trustees - February 14, 2013 B. Museum Board of Trustees - March 8, 2013 C. Transit System Advisory Board - March 20, 2013

(End of Consent Agenda)

HEARINGS 14. Hearing and Resolution approving plans, specifications, and form of contract for construc-

tion of the proposed Pearl Street and 3rd Street Reconstruction Project. 2013-0264 No protests were received. The hearing was closed and the resolution adopted on motion by Fitch, seconded by Radig; all voting aye. 15. Hearing and Resolution approving construction documents for construction of the 3rd Street

Construction Wesley Way to Water Street Project, IDOT Project No. IMN-029-7(43)149--0E-97. 2013-0265

No protests were received. The hearing was closed and the resolution adopted on motion by Scott, seconded by Capron; all voting aye. 16. Hearing and Resolution approving plans, specifications, and form of contract for construc-

tion of the proposed Southeast Morningside Sanitary Sewer Project. 2013-0266 Jade Dundas, Public Works Director; and Jeff Hanson, Community Development Operations Manager; provided information on the item. No protests were received. The hearing was closed and the resolution adopted on motion by Scott, seconded by Fitch; all voting aye. 17. Hearing and Resolution approving construction documents for construction of the Historic

Pearl District Alley Reconstruction Project - Phase I. 2013-0267 No protests were received. The hearing was closed and the resolution adopted on motion by Scott, seconded by Capron; all voting aye.

18. Hearing and Ordinance vacating a portion of the north/south alley abutting 1821 Douglas

Street. (First Consideration passed March 25, 2013) 2013-0268 Jeff Hanson, Community Development Operations Manager, provided information on the item. Motion by Scott, seconded by Padgett, to close the hearing and pass first consideration of the ordinance; all voting aye. On motion by Padgett, 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 Fitch, the ordinance passed second and third considerations; all voting aye. 19. Resolution proposing to grant a Temporary Easement. (Vacated portion of the north/south

alley abutting 1821 Douglas Street) (Petitioner: Robert Rehan on behalf of Ulises Colindres) (Purchase Price: $15 plus costs) (Deferred from March 25, 2013) 2013-0269

Motion by Scott, seconded by Padgett, to adopt the proposed resolution; all voting aye. ORDINANCES 20. Resolution adopting the 2013 First Quarter Supplement to the Sioux City Municipal Code

covering ordinances through Ordinance No. 2013-0240. 2013-0270 Motion by Scott, seconded by Fitch, to adopt the proposed resolution; all voting aye. 21. Ordinance amending Chapter 1.01 entitled “Code Adoption” of the Sioux City Municipal

Code to provide for the adoption of the municipal code. 2013-0271 The ordinance was considered on motion by Scott, seconded by Capron, to pass first consideration; all voting aye. On motion by Scott, seconded by Fitch, all voting aye; the Statutory Rule requiring that an ordinance be considered at three separate meetings was suspended. On motion by Scott, seconded by Fitch, the ordinance passed second and third considerations; all vot-ing aye. 22. Ordinance amending Chapter 12.12 entitled “Waterworks” of the Sioux City Municipal Code

by increasing permit fees for taps made on City water mains. (First Consideration passed March 11, 2013) (Second Consideration passed March 25, 2013) 2013-0272

Jade Dundas, Public Works Director; and Tim Higgins, Underground Utilities Field Supervisor; provided information on the item. The ordinance was considered on motion by Scott, seconded by Capron, to pass third consideration; Scott voting nay.

DISCUSSION 23. Resolution awarding and approving a contract to Rodriguez Window Cleaning, Inc. in the

amount of $65,340 for window cleaning services in the Sioux City Skywalk System. Monette Harbeck, Parking Operations Supervisor; and Steve Boden, Parking and Skywalk Sys-tem Board of Trustees; provided information on the item. Daisy Valdez, Rodriguez Window Cleaning; and Loren Mason, Panefully Clear; spoke on the item. Motion by Radig, seconded by Padgett, to adopt the proposed resolution; motion and second withdrawn. Motion by Scott, seconded by Padgett, to defer this item to April 4, 2013; all voting aye. 24. CITIZEN CONCERNS None. 25. COUNCIL CONCERNS None. 26. ADJOURNMENT There being no further business, the meeting was adjourned at 5:19 p.m., on motion by Scott, seconded by Fitch; all voting aye. ATTEST: ____________________________ _____________________________ Lisa L. McCardle, City Clerk Robert E. Scott, Mayor City Council minutes are available on the Internet at www.sioux-city.org. u:\CityAgenda\Minutes and Agendas\Council Minutes\2013\040113m


CITY COUNCIL CHAMBERS SIOUX CITY, IOWA APRIL 4, 2013 1. The Regular Meeting of the City Council was held at 8:30 a.m. The following Council Mem-

bers were present on call of the roll: Capron, Fitch, Padgett, Radig and Scott. Absent: None.

Other staff members present included: Paul Eckert, City Manager; Nicole Jensen-Harris, City Attorney; and Lisa McCardle, City Clerk. 2. Resolution awarding and approving a contract to Rodriguez Window Cleaning, Inc. in the

amount of $65,340 for window cleaning services in the Sioux City Skywalk System. (De-ferred from April 1, 2013)

Loren Mason, 3227 Virginia St, representing Panefully Clear Window Service; and Daisy Val-dez, 320 Ross St, representing Rodriguez Window Cleaning; spoke on the item. Motion by Capron, seconded by Fitch, to adopt the proposed resolution; Capron, Padgett, Scott and Radig voting nay; Fitch voting aye; thus the item failed. Motion by Capron, seconded by Scott, to adopt a resolution awarding and approving a contract to Panefully Clear Window Service in the amount of $65,580 for window cleaning services in the Sioux City Skywalk System; Capron, Padgett, Radig and Scott voting aye; Fitch voting nay. 2013-0273 3. CITIZEN CONCERNS None. 4. COUNCIL CONCERNS None. 5. ADJOURNMENT There being no further business, the meeting was adjourned at 8:48 a.m., on motion by Radig, seconded by Scott; all voting aye. ATTEST: ____________________________ _____________________________ Lisa L. McCardle, City Clerk Robert E. Scott, Mayor City Council minutes are available on the Internet at www.sioux-city.org. u:\CityAgenda\Minutes and Agendas\Council Minutes\2013\040413m





FROM: Jeff Hanson, Community Development Operations Manager (CRM)

SUBJECT: Motion acknowledging Board of Adjustment actions of March 26, 2013.



Manager

RECOMMENDATION:

Staff respectfully requests the City Council approve a motion accepting the Board of Adjust-ment actions of March 26, 2013. Board of Adjustment: Agenda Item 2013-0014: Requested amendment to the 1997 Conditional Use Permit to oper-ate a salvage yard on the property located at 2600 Boulevard of Champions. (Petitioner: Compressed Steel) O’Neill (Calligan) moved to recommend to the City Council approval of this item Motion Carried, 6-0-0 (Yes: Calligan, Stewart, Ross, O’Neill, Geary, Krage/No: 0/Abstained: 0)

DISCUSSION:

2013-0014: Requested amendment to the 1997 Conditional Use Permit to operate a salvage yard on the property located at 2600 Boulevard of Champions. (Petitioner: Compressed Steel). The pur-pose of this request is that the petitioner requested a zoning compliance letter from the Plan-ning Division. Upon research of the site, it was determined that the site is not compliant with the 1997 CUP that was issued. This request will bring the property into conformance with the Municipal Code and allow the Planning Division to generate the zoning compliance letter.

FINANCIAL IMPACT:

N/A RELATIONSHIP TO STRATEGIC PLAN:

Municipal Responsibility: Quality of Life. Focus Area: Enhance Public/Private Partnerships.

ALTERNATIVES:

None. ATTACHMENTS:

None


CITY OF SIOUX CITY

REQUEST FOR CITY COUNCIL ACTION


FROM: Jeff Hanson, Community Development Operations Manager (AT)

SUBJECT: Resolution setting the time and place for a Public Hearing on the revisions to

the Administrative Plan for the Section 8 Housing Choice Voucher Program and directing that notice of the Public Hearing be published.



Manager

RECOMMENDATION:

Staff respectfully requests that the City Council approve the proposed resolution. DISCUSSION:

The Department of Housing and Urban Development (HUD) requires local Housing Authori-ties to adopt a written Administrative Plan that establishes local policies for administration of the Housing Choice Voucher Program in those areas where HUD allows local discretion. The Housing Authority Board of Commissioners, which in Sioux City is the City Council, must for-mally adopt the Administrative Plan and any revisions to the Plan. Staff would like to request the following additions be approved: Chapter 3 – page 9 added “incarceration” to unapproved absences of more than 30 days. Page 10 – Removed “consecutive” days for incarceration Page 11 – Removed “consecutive” for entire family’s absence Page 22 – Changed “will” to “may” when considering the factors in making a decision regard-ing denial Page 22 – Added burglary and robbery to list of previous behavior HUD authorizes denial of assistance in assisted housing. 982.553 2 (ii) 3 – other criminal activity which may threaten the health, safety, or right to peaceful enjoyment of the premises by other residents or person residing in the immediate vicinity. Page 25 – Modified minimum standards when considering all relevant circumstances when deciding whether to deny assistance based on a family’s past violent criminal history and drug-related criminal history Chapter 4 – page 8 – PHA revised allocation of points for local preferences. There is no change to local preferences, only allocation of points for each preference Chapter 5 – page 9 – Changed occupancy standards to 2 persons per bedroom Chapter 6 – page 3 – Removed “consecutive” from 30 days absent Chapter 7 – page 22 – Zero minimal income review 90 – 120 days instead of 30-90 days Chapter 11 – page 7 – Zero to minimum interim – 3 to 6 months instead of 1 to 3 months Chapter 12 – page 5 – Defined violent criminal activity [as other authorized reasons for termi-

nation of assistance] & page 10 – updated factors that PHA will consider when making its de-cision to terminate assistance in the case of drug or alcohol abuse Temporary Addendum – Adopted 3 temporary provisions to address budget and staff con-straints and reduce administrative burden per HUD issued Notice PIH 2013-03. Effective until March 31, 2014. A hard copy of the entire Administrative Plan containing the revisions is available to the public in the Housing Assistance Center.

FINANCIAL IMPACT:

Across-the-board budget cuts, as mandated in the Budget Control Act of 2011, have reduced Section 8 Housing Choice Voucher Program funding by 5.1% for CY2013. Successive federal budgets have also severely underfunded Housing Choice Voucher (HCV) Administrative Fees. The SCHA has experienced a 23% reduction in pro-ration of eligible administrative fees since 2010. Administrative fees are essential to the implementation of the voucher program. SCHA is modifying their administrative plan to counteract the effects of the reductions to both Housing Assistance Payments and Administrative Fee funding.

RELATIONSHIP TO STRATEGIC PLAN:

By seeking comments on affordable housing issues, the Housing Authority is seeking input from the community on ways to continuously improve the living conditions in neighborhoods and the quality of life in Sioux City.

ALTERNATIVES:

None recommended. ATTACHMENTS:

Resolution Notice of Hearing

RESOLUTION NO. 2013 - ____________ with attachments

RESOLUTION SETTING THE TIME AND PLACE FOR A PUBLIC HEARING ON THE REVISIONS TO THE ADMINISTRATIVE PLAN FOR THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM AND DIRECTING THAT NOTICE OF THE PUBLIC HEARING BE PUBLISHED.

WHEREAS, the United States Department of Housing and Urban Development, in conjunction with the Section 8 Housing Program, requires the development and adoption of an Administra-tive Plan in conjunction therewith; and WHEREAS, recent federal regulation changes necessitates making some changes to the Ad-ministrative Plan for Section 8 housing programs; and

WHEREAS, it is in the best interest of the City of Sioux City, Iowa, to set the time and place for a public hearing on the revisions to the Administrative Plan for the Section 8 Housing Choice Voucher Program in order to provide the opportunity for citizens, public agencies and other in-terested parties to comment.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that it will hold a public hearing on the revisions to the Administrative Plan for the Section 8 Housing Choice Voucher Program on June 10, 2013, at the regular City Council meet-ing commencing at 4:00 P.M., local time or as soon thereafter as the matter can be reached in the City Council Chambers, Room 504, City Hall, 405 6th Street, Sioux City, Iowa. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause a notice of said public hearing, a copy of which is attached hereto and by this reference made a part hereof, to be published. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Com Dev\Section 8 Adm Plan Revisions 1.Doc

NOTICE OF HEARING ON PROPOSAL TO ADOPT THE REVISIONS TO THE ADMINISTRATIVE PLAN FOR THE SECTION 8 HOUSING

CHOICE VOUCHER PROGRAM IN SIOUX CITY, IOWA NOTICE is hereby given that there is now on file in the office of the City Clerk located at the Customer Service Center on First Floor of City Hall, 405 6th Street, Sioux City, Iowa, a resolu-tion proposing to adopt the revisions to the Administrative Plan for the Section 8 Housing Choice Voucher Program in Sioux City, Iowa. The proposal to adopt the revisions to the Administrative Plan for the Section 8 Housing Choice Voucher Program in Sioux City, Iowa 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 June 10, 2013, at the Council Meeting commencing at 4:00 P.M., Local Time, or as soon there-after as the matter may be considered. At said hearing interested persons may appear and be heard for or against said proposal. CITY OF SIOUX CITY, IOWA BY: Lisa L. McCardle, City Clerk Publish in the Sioux City Journal April 20, 2013


CITY OF SIOUX CITY


MEETING DATE: April 15, 2013 ACTION ITEM # 6A

FROM: Mike Collett, Transit/Fleet/Purchasing Manager

SUBJECT: Resolution authorizing and approving the submission of an application for Annual Consolidated Transit Assistance Funding from the Iowa Depart-ment of Transportation.

Reviewed By: x Department Director x Finance


Manager

RECOMMENDATION:

Staff respectfully requests Council approve a resolution to support the submission of the Con-solidated Transit Assistance Application. Capital assistance funding has been programmed and approved in the FY2014 CIP.

DISCUSSION:

Each year, the City submits an application for transit operating assistance and special project funding. The funding is appropriated to transit systems throughout the State of Iowa, based on an Iowa DOT formula and availability of capital funds. The projections received from Iowa DOT for next year’s funding are much the same as the current year’s formula funding. The transit system has maintained consistent numbers for the past several years, which consist of miles traveled, number of passengers, and availability of funds. This application also requires transit systems to list capital projects to be applied for on a competitive basis, during FY2014.

FINANCIAL IMPACT:

This application promotes a positive impact to the Transit System operating budget during the next fiscal year.

FY2014 Consolidated Transit System Operating Assistance (IDOT) -- $308,780 FY2014 Public Transit Infrastructure Grant Program (PTIG) -- $428,000 FY2014 Section 5307 Operating & Capital Assistance (Federal Transit Admin.) -- $1,664,286 FY2014 Section 5339 Discretionary Funding -- $9,334,350 FY2014 Section 5310 Special Needs Program for Elderly and Disabled -- $82,294


This is part of the City Infrastructure Vision; Commit to providing a public transit system to connect residents with affordable & accessible mobility regarding social, medical, educational, and economic purposes.

ALTERNATIVES:

Not make applications for consolidated transit assistance funding from Iowa Department of Transportation.

ATTACHMENTS:

Resolution Application


RESOLUTION AUTHORIZING AND APPROVING THE SUBMISSION OF AN APPLICATION FOR ANNUAL CONSOLIDATED TRANSIT ASSISTANCE FUNDING FROM THE IOWA DEPARTMENT OF TRANSPORTATION.

WHEREAS, the Iowa Department of Transportation is authorized to make annual grants for mass transportation projects; and WHEREAS, the City Council of the City of Sioux City, Iowa, believes it is in the best interests of the City to submit an application to the Iowa Department of Transportation for annual Consoli-dated Transit Assistance Funding; and WHEREAS, the Iowa Department of Transportation Application, a copy of which is attached hereto and by this reference incorporated herein, 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 the annual Consolidated Transit Assistance Funding Application with the Iowa Department of Transportation, referred to in the preamble hereof, be and the same is hereby approved as to form and content. BE IT FURTHER RESOLVED that the City Manager and Finance and Administrative Services Director/Assistant City Manager be and they are hereby authorized and directed to execute said application for and on behalf of the City of Sioux City, Iowa. BE IT FURTHER RESOLVED that the Transit Manager and/or the City Manager be and they are hereby authorized and directed to execute such additional assurances and other documents and to provide such additional information as may be required by the Iowa Department of Transportation in connection with such application for annual Iowa Transit Assistance Funding. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Transit\Consolidated Transit Funding Application.Doc

Authorizing Resolution

We, hereby, author-ize, Paul A. Eckert

(Name of Authorized Signatory)

on behalf of Sioux City Transit System, a department of the City of Sioux City, Iowa

(Legal Name of Applicant)

to apply for financial assistance as noted below and to enter into related contract(s) with the Io-wa Department of Transportation.

From the State Transit Assistance Program:

2.751310 % of formula funds; $ of Special Project funds

From federal funds for transit in non-urbanized areas and/or for transit serving primarily el-derly persons and person with disabilities:

$ 82,294 ; From state-wide federal capital assistance for transit:

$ 9,334,350 .

We understand acceptance of federal transit assistance involves an agreement to comply with certain labor protection provisions. We certify that

Sioux City Transit System has sufficient non-federal

(Legal Name of Applicant) funds to provide required local match for capital projects and at time of delivery will have the funds to operate and maintain vehicles and equipment purchased under this project. We request that State Transit Assistance formula funding be advanced as allowed by law, to improve transit system cash flow.

Adopted the 15th day of April , 2013 .

Name: Paul A. Eckert

By: (Applicant’s Governing Body)

City of Sioux City -- Sioux City Transit System

Title: (Signature of Chief Executive Officer)

City Manager

Address: 509 Nebraska Street, Sioux City, Iowa 51101

Telephone: 712-279-6102

Labor Protection Agreement

The City of Sioux City Transit System , as an applicant for federal non-urbanized

area (Legal Name of Applicant) agrees that in the absence of a wavier by the Department of Labor, the terms and conditions of the Special FTA Labor Protection Warranty shall apply for the protection of the employees of any employer providing transportation services assisted by the project and the employees of any other surface public transportation providers in the transportation service area of the Pro-ject. The warranty arrangement shall be made part of the contract of assistance with the Iowa Department of Transportation and shall be binding and enforceable by and upon the parties thereto, by any covered employee or his/her representative. Additionally, pursuant to Section (A) of the Special FTA Labor Protection Warranty, included with this submission is a listing of all transportation providers which will be recipients of trans-portation assistance funded by the Project, and a listing of other transportation providers in the geographic area of such project, and any labor organization representing the employees of such providers. I further certify that I have read and understand the terms and conditions of Special FTA Labor Protection Warranty, contained in the contract binder as Appendix I or which can be found at www.fta.dot.gov/library/policy/circ9040_1E/exbtf.htm. Dat-

April 15, 2013

(Signature)

City Manager (Title of Authorized Official)

Listing of Surface Transportation Providers in Project Area

Table 1: Transit Providers Operating Under Authority of Applicant

Note: List Applicant as #1 if it actually operates/provides service.

Union Code A - Amalgamated Transit Union B – AFSCME C – Teamsters D - Transport Workers Union of America E – Other

use union code

List transit operations showing their current status as of April 15, 2013

(Date)

“x” if yes

Provider Operating Under Con-tract to:

Union Local

Number

Uni

on/B

arga

inin

g U

nit

Cro

sses

Urb

an/

Bou

ndar

y

Cro

sses

Re-

gion

al B

ound

ary

Cro

sses

Sta

te

Bou

ndar

y

Rec

eivi

ng

Pub

lic M

oney

Priv

ate-

For-

Pro

fit

Sioux City Transit System

(Name of Transit System)

(Address must be included)

1. Sioux City Transit System 509 Nebraska Street, Sioux City, IA 51101 [email protected]

779 A X X X

2. Siouxland Regional Transit System 1122 Pierce Street, P.O. Box 1077 Sioux City, IA 51102-1077 [email protected]

X X X

3.

4.

5.

6.

7.

8.

9.

Listing of Surface Transportation Providers in Project Area

Table 2: Transit Providers Not Operating Under Authority of Applicant List all other public transit systems, intercity bus companies, taxis, or social service transporta-tion providers which operate or offer services in Applicant's service area.

Union Code A – Amalgamated Transit Union B – AFSCME C – Teamsters D - Transport Workers Union of America E – Other

use un-ion code

List transit operations showing their current status as of April 15, 2013 (Date)

“x” if yes List all large and small urban; rural; pri-vate, non-profit; public operations in the Region.

Services/Programs Operating Independently From:

Union Local Num-ber

Un-

ion/

Bar

gain

ing

Uni

t

Cro

sses

Urb

an/

Bou

ndar

y

Cro

sses

Re-

gion

al B

ound

ary

Cro

sses

Sta

te

Bou

ndar

y

Rec

eivi

ng

Pub

lic M

oney

Priv

ate-

For-

Pro

fit

Sioux City Transit System

(Name of Transit System)

(Please include address) Region

Siouxland Regional Transit System 1122 Pierce Street, P.O. Box 1077, Sioux City, IA 51102-1077

X X X

Small Urban Area

Action Taxi & Limo 418 West 8th Street, Sioux City, IA 51103

X X X X

Siouxland Taxi & Limousine 615 Sioux St., P.O. Box 1294, Sioux City, IA 51102

X X X X

Siouxland Paramedic Specialty Services 1701 Terminal Drive, Sioux City, IA 51105

X X X

Small Urban Area

Jefferson Lines 501 Nebraska Street, Sioux City, IA 51101

X X X X

Arrow Stage Lines 3225 31st Street, Sioux City, IA 51105

X X X X

Royal Charters Inc. P.O. Box 132, Le Mars, IA 51031-0132

X X X X

Navigator Motorcoaches Inc. 84605 US Hwy 81, PO Box 2244, Norfolk, NE

X X X X

Cabs Inc. 1416 Pierce Street, Sioux City, IA 51105

X X X X

Large Urban Area

South Sioux Taxi 3640 Oak, South Sioux City, NE 68776

X X X X

Travel Plus Limousines 2411 Geneva Street, Sioux City, IA 51103

X X X X

Recover Health Services/Angel Wings 117 Pierce St., Suite 100, Sioux City, IA 51101

X X X X

Care-A-Van Transportation LLC 1437 38th Street, Sioux City, IA 51104

X X X X

Certificate of Cost Allocation Plan [Local Government or Non-Profit Organization]

This is to certify that I have reviewed the cost allocation plan submitted herewith and to the best of my knowledge and belief that: (1) All costs and information included in this proposal [April 15, 2013] to establish cost alloca-tions or billings for [July 1, 2013 - June 30, 2014] are allowable in accordance with 2 CFR Part 225 (formerly OMB Circular A-87), “Cost Principles for State, Local and Indian Tribal Govern-ments.”, or 2 CFR Part 230 (formerly OMB Circular A-122), “Cost Principles for Non-profit Or-ganizations.” (2) All costs have been accorded consistent treatment in accordance with generally accepted accounting principles, (3) An adequate accounting and statistical system exists to support claims that will be made un-der the Plan, (4) The information provided in support of the Cost Allocation Plan is accurate, and (5) All federally unallowable costs have been excluded from allocations. I declare under penalty of perjury that the foregoing is true and correct.

Signed by the official having the authority to negotiate indi-rect cost rates for the organiza-tion or by a higher level official.

Signature Robert Padmore

Print Name Finance & Administrative Services Director/ Assistant City Manager

Title City of Sioux City

Name of Organization April 15, 2013

Date Signed

Form 020125 12-11

Certificate of Indirect Costs

[Local Government or Non-Profit Organization]

This is to certify that I have reviewed the indirect cost rate proposal submitted herewith and to the best of my knowledge and belief:

(1) All costs included in this proposal [April 15, 2013] to establish billing or final indirect costs rates for [July 1, 2013 -- June 30, 2014] are allowable in accordance with the re-quirements of the Federal award(s) to which they apply and 2 CFR Part 225 (formerly OMB Circular A-87), “Cost Principles for State, Local and Indian Tribal Governments.”, or 2 CFR Part 230 (formerly OMB Circular A-122), “Cost Principles for Non-profit Organ-izations.” All unallowable costs have been adjusted for in allocating costs as indicated in the cost allocation plan or indirect cost rate proposal.

(2) All costs included in this proposal are properly allocable to Federal awards on the basis

of a beneficial or causal relationship between the expenses incurred and the agreements to which they are allocated in accordance with applicable requirements. Further, the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistently, and the Federal Government will be notified of any accounting changes that would affect the negotiated rate (if any).

I declare under penalty of perjury that the foregoing is true and correct.

Signed by the official having the authority to negotiate indi-rect cost rates for the organiza-tion or by a higher level official.

Signature Robert Padmore

Print Name Finance & Administrative Services Director/ Assistant City Manager

Title City of Sioux City

Name of Organization April 15, 2013

Date Signed


CITY OF SIOUX CITY


MEETING DATE: April 15, 2013 ACTION ITEM # 6B

FROM: Mike Collett, Transit/Fleet/Purchasing Manager

SUBJECT:

Resolution authorizing the filing of applications with the Federal Transit Administration, an operating administration of the United States Depart-ment of Transportation, for Federal Transportation Assistance authorized by 49 U.S.C Chapter 53, Title 23 United States Code and other Federal stat-utes administered by the Federal Transit Administration



Manager

RECOMMENDATION:

Staff respectfully requests Council approve a resolution authorizing the filing of applications with the Federal Transit Administration, an operating administration of the U.S. Department of Transportation. Other funding sources include the U.S. Department of Energy, U.S. Depart-ment of Agriculture, Iowa Office of Energy Independence, Iowa Department of Economic De-velopment, Missouri River Historical Development, and the Siouxland Foundation.

DISCUSSION:

The Federal Transportation Administrator is the delegated authority to award federal financial assistance for transportation projects, grants, and cooperative agreements. The Federal Transit Administration may impose certain obligations upon the City of Sioux City and may require the City of Sioux City to provide the local share of the project cost. The City of Sioux City is required to provide annual certifications and assurances to the Federal Transit Admin-istration for projects. Additional funds for projects currently approved in the City’s approved CIP budget may also be obtained through grant applications to include the U.S. Department of Energy, U.S. Department of Agriculture, Iowa Office of Energy Independence, Iowa Depart-ment of Economic Development, Missouri River Historical Development and the Siouxland Foundation.

FINANCIAL IMPACT:

This will allow the city to continue to apply for grants for capital and operating funds. 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, educa-tional, and economic purposes.

ALTERNATIVES:

Not make applications to the Federal Transit Administration for federal assistance. ATTACHMENTS:

Resolution

RESOLUTION NO. 2013 - ____________

RESOLUTION AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FED-ERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C CHAP-TER 53, TITLE 23 UNITED STATES CODE AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION.

WHEREAS, the Federal Transportation Administrator has been delegated authority to award Federal financial assistance for a transportation project; and WHEREAS, the grant or cooperative agreement for Federal financial assistance will impose cer-tain obligations upon the Applicant, and may require the Applicant to provide the local share of the project cost; and WHEREAS, the Applicant has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, 1. The City Manager or his/her designee is authorized to execute and file applications for

Federal assistance on behalf of the City of Sioux City, Iowa with the Federal Transit Ad-ministration for Federal Assistance authorized by 49.U.S.C. Chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. The City of Sioux City, Iowa, is the designated recipient as de-fined by 49 U.S.C. §5307(a)(2) for the Urbanized Area Formula Program, 49 U.S.C. 5316 for the Job Access Reverse Commute (JARC) Program, and 49 U.S.C. 5317 for the New Freedom (NF) Program.

2 The City Manager or his/her designee is authorized to execute and file with its applica-

tions the annual certification and assurances and other document the Federal Transpor-tation Administration requires before awarding a Federal assistance grant or cooperative agreement.

3. The City Manager or his/her designee is authorized to execute grant and cooperative

agreements with the Federal Transit Administration on behalf of the City of Sioux City, Iowa.

PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Transit\FTA Application Filings.Doc




FROM: Jade Dundas, Public Works Director

SUBJECT: Resolution temporarily closing Pierce Street from 5th Street to 6th Street beginning at 1:00 p.m. and ending at 4:00 p.m. April 17, 2013 to allow for the loading/unloading of senior citizens attending a program at the Or-pheum Theatre.



Manager

RECOMMENDATION:

Staff respectfully requests Council approve the resolution requesting a street closure for the loading/unloading of patrons attending a show at the Orpheum Theatre.

DISCUSSION:

The Orpheum Theatre is requesting to close Pierce Street from 5th Street to 6th Street from 1:00 P.M. to 4:00 P.M., Wednesday, April 17, 2013 for a show. Approximately 18 greyhound buses from Sioux City and the surrounding area and an expected 1,000 people will be load-ing/unloading in front of the Orpheum Theatre on Pierce Street.

FINANCIAL IMPACT:

There are no budget implications for the City due to this street closure. RELATIONSHIP TO STRATEGIC PLAN:

MUNICIPAL RESPONSIBILITIES-Quality of Life STRATEGIC FOCUS AREAS- Explore Destination Sioux City #1 Expand “Tourist in Your Own Town”

ALTERNATIVES:

No alternatives recommended. ATTACHMENTS:

Resolution Map

RESOLUTION NO. 2013 - ____________

RESOLUTION TEMPORARILY CLOSING PIERCE STREET FROM 5TH STREET TO 6TH STREET BEGINNING AT 1:00 P.M. AND ENDING AT 4:00 P.M. APRIL 17, 2013 TO ALLOW FOR THE LOADING/UNLOADING OF SEN-IOR CITIZENS ATTENDING A PROGRAM AT THE ORPHEUM THEATRE.

WHEREAS, the Orpheum Theatre of Sioux City, Iowa desires to host a program for patrons on April 17, 2013; and WHEREAS, the Orpheum Theatre has requested the assistance of the City in providing addi-tional safety measures for senior citizens attending the performance including the temporary closure of Pierce Street from 5th Street to 6th Street beginning at 1:00 P.M. and ending at 4:00 P.M. on April 17, 2013 to allow buses to load/unload senior citizens attending the event. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Pierce Street from 5th Street to 6th Street, be and the same is hereby temporarily closed beginning at 1:00 P.M. and ending at 4:00 P.M. April 17, 2013 to allow for the load-ing/unloading of senior citizens attending a program at the Orpheum Theatre. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk




FROM: Angel Wallace, Parks and Recreation Manager

SUBJECT: Resolution temporarily closing the south half of the north/south alley be-tween 5th Street, 6th Street, Iowa Street and Floyd Boulevard beginning at 6:00 p.m. April 19, 2013 and ending at 2:00 a.m. April 20, 2013 and tempo-rarily closing again beginning at 5:00 p.m. April 20, 2013 and ending at 2:00 a.m. April 21, 2013 for the Missouri River Boat Club Fundraiser.



Manager

RECOMMENDATION:

Staff respectfully requests and recommends the City Council approve the resolution request-ing an alley closure for the Missouri River Boat Club Fundraiser.

DISCUSSION:

The Missouri River Boat Club and Firehouse Bar request closing the south half of the north/south alley between 5th Street, 6th Street and Floyd Boulevard beginning at 6:00 p.m., Friday, April 19, 2013, and ending at 2:00 a.m., Saturday, April 20, 2013; and temporarily again beginning at 5:00 p.m., Saturday, April 20, 2013, and ending at 2:00 a.m., Sunday, April 21, 2013, for the Missouri River Boat Club Fundraiser. The event will end each night at mid-night with the alley closure remaining until 2:00 a.m. to allow for safe cleanup. The Special Event packet has been completed and routed to the required city departments for approval. All necessary permits will be obtained by the organization. In the past there has been an issue of consumption of alcoholic beverages on public rights-of-way. The Legal Department has advised that this can occur subject to closure of the right-of-way by the City. Therefore, to assist in these community events, we propose to temporarily close these rights-of-way for the period specified.

FINANCIAL IMPACT:


Municipal Responsibility - Explore Destination Sioux City Focus Area - Grow Sioux City Pride

ALTERNATIVES:

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

ATTACHMENTS:

Resolution Map

RESOLUTION NO. 2013 ______________

RESOLUTION TEMPORARILY CLOSING THE SOUTH HALF OF THE NORTH/SOUTH ALLEY BETWEEN 5TH STREET, 6TH STREET, IOWA STREET AND FLOYD BOULEVARD BEGINNING AT 6:00 P.M. APRIL 19, 2013 AND ENDING AT 2:00 A.M. APRIL 20, 2013 AND TEMPORARILY CLOSING AGAIN BEGINNING AT 5:00 P.M. APRIL 20, 2013 AND ENDING AT 2:00 A.M. APRIL 21, 2013 FOR THE MISSOURI RIVER BOAT CLUB FUNDRAISER.

WHEREAS, the Firehouse Bar, on behalf of the Missouri River Boat Club, desires to conduct a fundraiser; and WHEREAS, the fundraiser involves the temporary closure of the south half of the north/south alley between 5th Street, 6th Street, Iowa Street and Floyd Boulevard beginning at 6:00 P.M. April 19, 2013 and ending at 2:00 A.M. April 20, 2013 and temporarily closing again beginning at 5:00 P.M. April 20, 2013 and ending at 2:00 A.M. April 21, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the south half of the north/south alley between 5th Street, 6th Street, Iowa Street and Floyd Boulevard be and the same is hereby temporarily closed beginning at 6:00 P.M. April 19, 2013 and ending at 2:00 A.M. April 20, 2013 and temporarily closing again beginning at 5:00 P.M. April 20, 2013 and ending at 2:00 A.M. April 21, 2013 for the Missouri River Boat Club fundraiser. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Pub Wks\Missouri River Boat Club Fundraiser Street Closure.Doc



MEETING DATE: April 15, 2013 ACTION ITEM # 7C


SUBJECT: Resolution temporarily closing Pierce Street from 5th Street to 6th Street

and the south lane of 6th Street from Nebraska Street to Douglas Street beginning at 5:30 p.m. and ending at 9:30 p.m. May 4, 2013, for the Sioux City Professional Firefighters’ Apparatus Showcase.



Manager

RECOMMENDATION:

Staff respectfully requests and recommends the City Council approve the resolution request-ing street closures for the Sioux City Professional Firefighters’ Apparatus Showcase.

DISCUSSION:

Sioux City Professional Firefighters request to close Pierce Street between 5th Street and 6th Street and the south lane of 6th Street between Nebraska Street and Douglas Street on May 4 between 5:30 p.m. and 9:30 p.m. to display firefighting apparatus in conjunction with a fund-raising event they are holding at The Sioux City Orpheum. The Special Event packet has been completed and routed to the required city departments for approval. All necessary permits will be obtained by the organization. To promote safe community events, we propose to temporarily close these rights-of-way for the period specified.

FINANCIAL IMPACT:


Municipal Responsibility – Quality of Life Focus Area – Grow Sioux City Pride

ALTERNATIVES:

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

ATTACHMENTS:

Resolution Map

RESOLUTION NO. 2013- ___________

RESOLUTION TEMPORARILY CLOSING PIERCE STREET FROM 5TH STREET TO 6TH STREET AND THE SOUTH LANE OF 6TH STREET FROM NEBRASKA STREET TO DOUGLAS STREET BEGINNING AT 5:30 P.M. AND ENDING AT 9:30 P.M. MAY 4, 2013, FOR THE SIOUX CITY PROFESSIONAL FIREFIGHTERS’ APPARATUS SHOWCASE.

WHEREAS, the Sioux City Professional Firefighters desire to publically display equipment; and WHEREAS, the equipment display involves the closure of Pierce Street from 5th Street to 6th Street and the south lane of 6th Street from Nebraska Street to Douglas Street beginning at 5:30 P.M. and ending at 9:30 P.M. on May 4, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Pierce Street from 5th Street to 6th Street and the south lane of 6th Street from Ne-braska Street to Douglas Street be and the same are hereby temporarily closed beginning at 5:30 P.M. and ending at 9:30 P.M. May 4, 2013 for the Sioux City Professional Firefighters’ Ap-paratus Showcase. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Pub Wks\Firefighters Apparatus Showcase Street Closures.Doc



MEETING DATE: April 15, 2013 ACTION ITEM # 7D


SUBJECT: Resolution temporarily closing downtown streets including 4th Street

and 5th Street between Iowa Street and Pierce Street; Iowa Street, Court Street, Virginia Street, Jennings Street, Jones Street, Jackson Street, Nebraska Street and Pierce Street between 4th Street and 5th Street; Pearl Street from 5th Street to Grandview Boulevard; 11th Street from Grandview Boulevard to the Perry Creek Trail; Perry Creek Trail from 11th Street to 5th Street; 5th Street from Perry Creek Trail to Water Street; Water Street from 5th Street to 4th Street and 4th Street from Wa-ter Street to Jones Street beginning at 6:00 a.m. and ending at approxi-mately 10:30 a.m. or upon the final participant completion of the race May 5, 2013, to accommodate the Susan G. Komen Race For The Cure.



Manager

RECOMMENDATION:

Staff respectfully requests and recommends the City Council approve the resolution request-ing street closures for the Susan G. Komen Race for the Cure event.

DISCUSSION:

Susan G. Komen Race for the Cure requests temporary closure of streets for the Susan G. Komen “Race for the Cure” one mile route including 4th and 5th Streets between Iowa and Pierce Street and, Iowa, Court, Virginia, Jennings, Jones, Jackson, Nebraska and Pierce Streets between 4th and 5th Streets; and, for the 5K route to additionally close Pearl Street from 5th Street to Grandview Boulevard, 11th Street from Grandview Boulevard to the Perry Creek Trail, Perry Creek Trail from 11th Street to 5th Street, 5th Street from Perry Creek Trail to Water Street, Water Street from 5th Street to 4th Street, and 4th Street from Water Street to Jones Street beginning at 6:00 A.M. until final participants complete the race at approximately 10:30 A.M., on Sunday, May 5, 2013, to accommodate their event. Staging will be located at the Sioux City Convention Center. The Special Event packet has been completed and routed to the required city departments for approval. All necessary permits will be obtained by the organization. To promote safe community events, we propose to temporarily close these rights-of-way for the period specified.

FINANCIAL IMPACT:

N/A

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Quality of Life Focus Area - Grow Sioux City Pride

ALTERNATIVES:


ATTACHMENTS:

Resolution Map

RESOLUTION NO. 2013 - ____________

RESOLUTION TEMPORARILY CLOSING DOWNTOWN STREETS INCLUDING 4TH STREET AND 5TH STREET BETWEEN IOWA STREET AND PIERCE STREET; IOWA STREET, COURT STREET, VIRGINIA STREET, JENNINGS STREET, JONES STREET, JACKSON STREET, NEBRASKA STREET AND PIERCE STREET BETWEEN 4TH STREET AND 5TH STREET; PEARL STREET FROM 5TH STREET TO GRANDVIEW BOULEVARD; 11TH STREET FROM GRANDVIEW BOULEVARD TO THE PERRY CREEK TRAIL; PERRY CREEK TRAIL FROM 11TH STREET TO 5TH STREET; 5TH STREET FROM PERRY CREEK TRAIL TO WATER STREET; WATER STREET FROM 5TH STREET TO 4TH STREET AND 4TH STREET FROM WATER STREET TO JONES STREET BEGINNING AT 6:00 A.M. AND ENDING AT APPROXIMATE-LY 10:30 A.M. OR UPON THE FINAL PARTICIPANT COMPLETION OF THE RACE MAY 5, 2013, TO ACCOMMODATE THE SUSAN G. KOMEN RACE FOR THE CURE.

WHEREAS, the Susan G Komen Races for the Cure desire to conduct a fundraising race; and WHEREAS, the race involves the temporary closure of downtown streets including 4th Street and 5th Street between Iowa Street and Pierce Street; Iowa Street, Court Street, Virginia Street, Jennings Street, Jones Street, Jackson Street, Nebraska Street and Pierce Street between 4th Street and 5th Street; Pearl Street from 5th Street to Grandview Boulevard; 11th Street from Grandview Boulevard to the Perry Creek Trail; Perry Creek Trail from 11th Street to 5th Street; 5th Street from Perry Creek Trail to Water Street; Water Street from 5th Street to 4th Street and 4th Street from Water Street to Jones Street beginning at 6:00 A.M. and ending at approximately 10:30 A.M. or upon the final participant completion of the Race on May 5, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the downtown streets including 4th Street and 5th Street between Iowa Street and Pierce Street; Iowa Street, Court Street, Virginia Street, Jennings Street, Jones Street, Jackson Street, Nebraska Street and Pierce Street between 4th Street and 5th Street; Pearl Street from 5th Street to Grandview Boulevard; 11th Street from Grandview Boulevard to the Perry Creek Trail; Perry Creek Trail from 11th Street to 5th Street; 5th Street from Perry Creek Trail to Water Street; Water Street from 5th Street to 4th Street and 4th Street from Water Street to Jones Street be and the same are hereby temporarily closed beginning at 6:00 A.M. and ending at approxi-mately 10:30 A.M. or upon the final participant completion of the race May 5, 2013 for the Susan G. Komen Race For The Cure. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Pub Wks\Susan G. Komen Race For The Cure Street Closures.Doc



MEETING DATE: April 15, 2013 ACTION ITEM # 7E


SUBJECT: Resolution temporarily closing Morningside Avenue from South Lakeport

Street to South Cecelia Street (Cecelia Park) on May 16, 2013 beginning at 5:30 p.m. and ending at 7:30 p.m. and restricting travel to local traffic only on Morningside Avenue from South Lemon Street to South Lakeport Street to and including the side streets north of Morningside Avenue from Morn-ingside Avenue to Orleans Avenue on South Palmetto Street, South Cedar Street and South Lemon Street and the side streets south of Morningside Avenue from Morningside Avenue to 4th Avenue on South Palmetto Street, South Cedar Street and South Lemon Street to accommodate the Morning-side Days Parade.



Manager

RECOMMENDATION:

Staff respectfully requests and recommends the City Council approve the resolution request-ing street closures for the Morningside Days parade.

DISCUSSION:

Morningside Commercial Club requests the temporary closure of Morningside Avenue from South Lakeport Street to South Cecelia Street (Cecelia Park) on May 16, 2013 commencing at 6:30 P.M. and ending at 7:30 P.M. and restricting travel to local traffic only on Morningside Avenue from South Lemon Street to South Lakeport Street to and including the side streets north of Morningside Avenue from Morningside Avenue to Orleans Avenue on South Palmetto Street, South Cedar Street and South Lemon Street and the side streets south of Morningside Avenue from Morningside Avenue to 4th Avenue on South Palmetto Street, South Cedar Street and South Lemon Street to accommodate the Morningside Days Parade. The Special Event packet has been completed and routed to the required city departments for approval. All necessary permits will be obtained by the organization. To promote safe community events, we propose to temporarily close these rights-of-way for the period specified.

FINANCIAL IMPACT:


Municipal Responsibility – Quality of Life Focus Area – Grow Sioux City Pride

ALTERNATIVES:

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

ATTACHMENTS:

Resolution Map

RESOLUTION NO. 2013 - ____________

RESOLUTION TEMPORARILY CLOSING MORNINGSIDE AVENUE FROM SOUTH LAKEPORT STREET TO SOUTH CECELIA STREET (CECELIA PARK) ON MAY 16, 2013 BEGINNING AT 5:30 P.M. AND ENDING AT 7:30 P.M. AND RESTRICTING TRAVEL TO LOCAL TRAFFIC ONLY ON MORNINGSIDE AVE-NUE FROM SOUTH LEMON STREET TO SOUTH LAKEPORT STREET TO AND INCLUDING THE SIDE STREETS NORTH OF MORNINGSIDE AVENUE FROM MORNINGSIDE AVENUE TO ORLEANS AVENUE ON SOUTH PAL-METTO STREET, SOUTH CEDAR STREET AND SOUTH LEMON STREET AND THE SIDE STREETS SOUTH OF MORNINGSIDE AVENUE FROM MORNINGSIDE AVENUE TO 4TH AVENUE ON SOUTH PALMETTO STREET, SOUTH CEDAR STREET AND SOUTH LEMON STREET TO ACCOMMODATE THE MORNINGSIDE DAYS PARADE.

WHEREAS, the Morningside Commercial Club desires to conduct a parade; and WHEREAS, the parade involves the closure of Morningside Avenue from South Lakeport Street to South Cecelia Street (Cecelia Park) and restricted travel to local traffic only on Morningside Avenue from South Lemon Street to South Lakeport Street to and including the side streets north of Morningside Avenue from Morningside Avenue to Orleans Avenue on South Palmetto Street, South Cedar Street and South Lemon Street and the side streets south of Morningside Avenue from Morningside Avenue to 4th Avenue on South Palmetto Street, South Cedar Street and South Lemon Street beginning at 5:30 P.M. and ending at 7:30 P.M. on May 16, 2013. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Morningside Avenue from South Lakeport Street to South Cecelia Street (Cecelia Park) be and the same is hereby temporarily closed and that travel is hereby restricted to local traffic only on Morningside Avenue from South Lemon Street to South Lakeport Street to and including the side streets north of Morningside Avenue from Morningside Avenue to Orleans Avenue on South Palmetto Street, South Cedar Street and South Lemon Street and the side streets south of Morningside Avenue from Morningside Avenue to 4th Avenue on South Palmet-to Street, South Cedar Street and South Lemon Street beginning at 5:30 P.M. and ending at 7:30 P.M. May 16, 2013 to accommodate the Morningside Days Parade. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk



MEETING DATE: April 15, 2013 ACTION ITEM # 7F


SUBJECT: Resolution temporarily closing Pierce Street from 6th Street south to 5th

Street and the adjacent east/west alleys between the west end of the Wilbur Aalfs Library building to the east end of the Orpheum building beginning at 6:00 a.m. and ending at 1:00 p.m. on Saturday, May 18, 2013, to accommo-date the Briar Cliff University Outdoor Graduation Reception.



Manager

RECOMMENDATION:

Staff respectfully requests and recommends the City Council approve the resolution request-ing street closures for the Briar Cliff University outdoor graduation reception ceremony held after the Orpheum-hosted graduation.

DISCUSSION:

Briar Cliff University requests to close Pierce Street from 6th Street south to 5th Street and the adjacent east/west alleys from the west end of the Wilbur Aalfs Library building to the east end of the Orpheum building on Saturday, May 18, 2013, from 6:00 a.m. to 1:00 p.m. to ac-commodate their outdoor graduation reception ceremony. Briar Cliff will set up awnings, ta-bles, and chairs on Pierce Street. This street closure event has been successfully held for several years. The Special Event packet has been completed and routed to the required city departments for approval. All necessary permits will be obtained by the organization. To promote safe community events, we propose to temporarily close these rights-of-way for the period specified.

FINANCIAL IMPACT:

N/A


Municipal Responsibility – Explore Destination Sioux City Focus Area - Grow Sioux City Pride

ALTERNATIVES:


ATTACHMENTS:

Resolution Map

RESOLUTION NO. 2013 - ____________ RESOLUTION TEMPORARILY CLOSING PIERCE STREET FROM 6TH STREET SOUTH TO 5TH STREET AND THE ADJACENT EAST/WEST AL-LEYS BETWEEN THE WEST END OF THE WILBUR AALFS LIBRARY BUILD-ING TO THE EAST END OF THE ORPHEUM BUILDING BEGINNING AT 6:00 A.M. AND ENDING AT 1:00 P.M. ON SATURDAY, MAY 18, 2013, TO ACCOM-MODATE THE BRIAR CLIFF UNIVERSITY OUTDOOR GRADUATION RECEP-TION.

WHEREAS, Briar Cliff University desires to host an outdoor graduation reception, and; WHEREAS, the outdoor reception involves the temporary closure of Pierce Street from 6th Street south to 5th Street and the adjacent east/west alleys between the west end of the Wilbur Aalfs Library building to the east end of the Orpheum building beginning at 6:00 a.m. and ending at 1:00 p.m. on Saturday, May 18. 2013; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Pierce Street from 6th Street south to 5th Street and the adjacent east/west alleys be-tween the west end of the Wilbur Aalfs Library building to the east end of the Orpheum building beginning at 6:00 a.m. and ending at 1:00 p.m. on Saturday, May 18, 2013, to accommodate the Briar Cliff University outdoor graduation reception, be and the same are hereby temporarily closed. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk




FROM: Ricky J. Mach, Water Plant Superintendent

SUBJECT: Resolution adopting plans, specifications and form of contract for the proposed construction of the Milwaukee Railroad Shops Historic District - Visitors Center Restroom Facility Project. (Project No. SB-IA-7057(664)-2T-97)



Manager

RECOMMENDATION:

Staff respectfully requests Council approve the above resolution. DISCUSSION:

The Loess Hill Alliance and Iowa Department of Transportation staff submitted a grant appli-cation on behalf of the Siouxland Historic Railroad Association for construction of a restroom facility through the State Wide Enhancement Grants Program. This item was approved for bidding on July 23, 2012 and bids were taken on August 21, 2012. No bidders submitted a bid on the plans and specifications. Staff and Iowa Department of Transportation officials worked with the Milwaukee Railroad Roundhouse Association and contacted all of the suppliers of waterless, self-contained restrooms. City Engineering has modified the plans and specifications based on those conversations. The revised plans and specifications for the project have been prepared by City staff and approved by the Iowa De-partment of Transportation. They have authorized the City, acting as the local host govern-mental agency, to proceed with a local letting of the project. Staff is ready to advertise on April 20, 2013 and April 27, 2013. A public hearing will be held on May 20, 2013 and bids will be received on May 21, 2013. The completion date on this pro-ject is set for September 13, 2013. The City has agreements with the Siouxland Historic Railroad Association and the Iowa De-partment of Transportation. No City funds are required for this project, however the project does require City time to administer the funding and paperwork as the local governmental host agency.

FINANCIAL IMPACT:

No City funds are invested in this project; however, staff time will need to be committed to administer the project and distribute the funding.


Municipal Responsibility: Economic Opportunity Focus Area: Explore Destination Sioux City

ALTERNATIVES:

Council could choose to not accept this recommendation. This is not recommended as the Association has a long track record of success in securing funding, making improvements and attracting visitors. Council could take no action. This is not recommended for the same reasons as above and the fact that action on this resolution does not cost the City any funding expenditures.

ATTACHMENTS:

Resolution Notice to Bid


RESOLUTION ADOPTING PLANS, SPECIFICATIONS AND FORM OF CONTRACT FOR THE PROPOSED CONSTRUCTION OF THE MILWAUKEE RAILROAD SHOPS HISTORIC DISTRICT - VISITORS CENTER RESTROOM FACILITY PROJECT (#SB-IA-7057(664)-2T-97).

WHEREAS, it is necessary and in the best interests of the City of Sioux City, Iowa to construct the Milwaukee Railroad Shops Historic District - Visitors Center Restroom Facility Project in Sioux City, Iowa; and WHEREAS, the Engineering Division of the City of Sioux City have prepared the plans, specifications and form of contract. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA: A. The plans, specifications and form of contract, as prepared by the Engineering Division of

the City of Sioux City, and on file in the office of the City Clerk of the City of Sioux City, Iowa, for the proposed construction of the Milwaukee Railroad Shops Historic District - Visitors Restroom Facility Project, in Sioux City, Iowa, be and the same are hereby adopted and the time of 4:00 o'clock P.M., Local Time, May 20, 2013, in the City Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, be, and the same is hereby fixed as the time and place for a public hearing on the same as required by law, at which hearing any interested person may appear and file objections to the proposed plans, specifications, form of contract and estimated cost of said improvements.

B. The bids will be received by the City Clerk of the City of Sioux City, Iowa, at the Customer

Service Center located on First Floor in City Hall, 405 Sixth Street, in said City until 1:00 o'clock P.M., Local Time, May 21, 2013 for the proposed construction of said improvements.

C. The time of 1:00 o'clock P.M., Local Time, May 21, 2013, in the Fourth Floor Clock Tower

Conference Room in City Hall, 405 Sixth Street, Sioux City, Iowa, be and it is hereby fixed as the time and place for the opening of bids for the proposed construction of said improvements, and said bids shall be considered and acted upon at a meeting of the City Council in the City Council Chambers thereafter.

D. The City Clerk of the City of Sioux City, Iowa, shall cause the attached notice of hearing

and opening of bids to be given by publication in at least one newspaper of general circulation in the manner prescribed by law.

PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk

NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS AND FORM OF CONTRACT FOR THE CONSTRUCTION OF THE MILWAUKEE RAILROAD SHOPS HISTORIC DISTRICT - VISITOR CENTER RESTROOM FACILITY PROJECT, IN SIOUX CITY, IOWA, AND TAKING BIDS THEREON.

A public hearing will be held before the Sioux City Council in the Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, on May 20, 2013, commencing at 4:00 P.M. Local Time, on the proposed plans, specifications, form of contract and estimate of costs (the con-struction documents) for the Milwaukee Railroad Shops Historic District - Visitor Center Restroom Facility Project in Sioux City, Iowa. At said hearing, the City Council will receive and consider any objections made by any interested party to said construction documents. Sealed bids will be received by the City Clerk at the Customer Service Center located on First Floor in City Hall, 405 Sixth Street, in said City, until 1:00 P.M., Local Time, Tuesday, May 21 2013, for the construction of the project, as described in the construction documents. The work entails the provision of all materials needed for a turnkey restroom/concession facility and delivery and placement of said facility. Bids received will be opened and tabulated at a public meeting, presided over by a City Engineer, in the 4th Floor Clock Tower Conference Room in the Public Works Department, Room 409, City Hall, at 1:00 P.M., Local Time, on Tuesday, May 21, 2013. Bids will be acted upon by the City Council at such later time and place as may be fixed. Each bid must be made on a form furnished by the City and must be accompanied by a bid bond, a cashier’s check or certified check of an Iowa bank or a bank chartered under the laws of the United States, or a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, in an amount equal to ten percent (10%) of the amount of the bid, made payable to the City Treasurer of the City of Sioux City, Iowa. The check or draft may be cashed by the City Treasurer as liquidated damages in the event the successful bidder fails to enter into a contract within the ten (10) days after notice of award and post bond satisfactory to the City ensuring the faithful fulfillment of the contract. The contract will be awarded to the lowest responsive, responsible bidder. However, the City reserves the right to reject any or all bids, re-advertise for new bids and to waive informalities that may be in the best interest of the City. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the state of Iowa and to Iowa domestic labor. No Disadvantaged Business Enterprise (DBE) goals have been established for this Iowa Department of Transportation funded project. The work on this project shall begin upon receipt of the Notice to Proceed and be fully completed by September 13, 2013. Specifications for this project shall be the 2012 version of the Iowa Statewide Urban Standard Specifications for Public Improvements modified in accordance with the 2012 City of Sioux City Supplement, dated March 2012.

Copies of said construction documents are available at the office of the City Clerk of Sioux City for examination by the public. Construction documents for private use may be obtained from the Engineering Division, City Hall, upon deposit of fifteen dollars ($15) for each set. The deposit will be returned to depositor if the construction documents are returned in good condition within fifteen (15) days from date of letting. /s/ Lisa L. McCardle, _ City Clerk of the City of Sioux City, Iowa Publish in the Sioux City Journal April 20, 2013 and April 27, 2013.


CITY OF SIOUX CITY




SUBJECT: Resolution adopting plans, specifications and form of contract for the pro-

posed construction of the 2013 Intersection Reconstruction Project (West 2nd Street and Sioux Street and 38th Street and Jones Street).



Manager

RECOMMENDATION:

Staff respectfully requests Council adopt plans and specifications for the 2013 Intersection Reconstruction Project located at West 2nd Street and Sioux Street and at 38th Street and Jones Street.

DISCUSSION:

The City Engineering Department has completed plans and specifications for the 2013 Inter-section Reconstruction Project. As part of this project, the intersections of West 2nd Street and Sioux Street and 38th Street and Jones Street will be reconstructed. This project includes replacement of damaged utilities and pavement due to water main breaks over the winter. IDNR Wastewater and Water permits will not be required for this project because all required utility replacements will be made in kind. Staff is ready to advertise the Notice of Public Hearing and Notice to Bidders on April 20, 2013 and April 27, 2013. A public hearing will be held on May 6, 2013. Bids will be received on Tuesday, May 7, 2013. This project has a completion date of July 29, 2013.

FINANCIAL IMPACT:

This project was funded under the FY 2013 CIP 719-133, “Annual Infrastructure Reconstruc-tion”. The project currently has an available balance of $7,315,621 for construction.


Municipal Responsibility – Infrastructure Focus Area – Expand Development Opportunities and Grow Sioux City #9 Increase infrastructure and paving investment

ALTERNATIVES:

Council may wait to bid the project out at a later date. This alternative is not recommended because these intersections have been closed during winter months and require repair as soon as possible.

ATTACHMENTS:

Resolution (2) Project Maps


RESOLUTION ADOPTING PLANS, SPECIFICATIONS AND FORM OF CONTRACT FOR THE PROPOSED CONSTRUCTION OF THE 2013 INTERSECTION RECONSTRUCTION PROJECT (WEST 2ND STREET AND SIOUX STREET AND 38TH STREET AND JONES STREET).

WHEREAS, it is necessary and in the best interests of the City of Sioux City, Iowa to construct the 2013 Intersection Reconstruction Project (West 2nd Street and Sioux Street and 38th Street and Jones Street), in Sioux City, Iowa; and WHEREAS, the Engineering Division of Sioux City, Iowa, has prepared the plans, specifications and form of contract. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA: A. The plans, specifications and form of contract, as prepared by the City Engineering

Division, and on file in the office of the City Clerk of the City of Sioux City, Iowa, for the proposed construction of the 2013 Intersection Reconstruction Project (West 2nd Street and Sioux Street and 38th Street and Jones Street), in Sioux City, Iowa, be and the same are hereby adopted and the time of 4:00 o'clock P.M., Local Time, May 6, 2013, in the City Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, be, and the same is hereby fixed as the time and place for a public hearing on the same as required by law, at which hearing any interested person may appear and file objections to the proposed plans, specifications, form of contract and estimated cost of said improvements.

B. The bids will be received by the City Clerk of the City of Sioux City, Iowa, at the Customer

Service Center located on First Floor in City Hall, 405 Sixth Street, in said City until 1:00 o'clock P.M., Local Time, May 7, 2013 for the proposed construction of said improvements.

C. The time of 1:00 o'clock P.M., Local Time, May 7, 2013, in the Fourth Floor Clock Tower

Conference Room in City Hall, 405 Sixth Street, Sioux City, Iowa, be and it is hereby fixed as the time and place for the opening of bids for the proposed construction of said improvements, and said bids shall be considered and acted upon at a meeting of the City Council in the City Council Chambers thereafter.

D. The City Clerk of the City of Sioux City, Iowa, shall cause the attached notice of hearing

and opening of bids to be given by publication in at least one newspaper of general circulation in the manner prescribed by law.


NOTICE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COSTS FOR THE CONSTRUCTION OF THE 2013 INTERSECTION RECONSTRUCTION PROJECT (WEST 2ND STREET AND SIOUX STREET AND 38TH STREET AND JONES STREET), IN SIOUX CITY, IOWA, AND TAKING BIDS THEREON

A public hearing will be held before the Sioux City City Council in the Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, on May 6, 2013, commencing at 4:00 o'clock P.M., Local Time, on the proposed plans, specifications, form of contract and estimate of costs (the construction documents) for construction of the 2013 Intersection Reconstruction Project (West 2nd Street and Sioux Street and 38th Street and Jones Street) in Sioux City, Iowa (the project). At said hearing, the City Council will receive and consider any objections made by any interested party to said construction documents. Sealed bids will be received by the City Clerk at the Customer Service Center located on First Floor in City Hall, 405 Sixth Street, in said City, until 1:00 o'clock P.M., Local Time, May 7, 2013, for the construction of the project, as described in the construction documents. The work involved is the reconstruction of damaged utilities and pavement due to water main breaks over the winter. Bids received will be opened and tabulated at a public meeting, presided over by a city engineer, in the 4th Floor Clock Tower Conference Room in the Public Works Department, Room 409, City Hall, at 1:00 P.M., Local Time, on May 7, 2013. Thereafter, bids will be acted upon by the City Council at such time and place as may be fixed. Each bid must be made on a form furnished by the City and must be accompanied by a bid bond, a cashier's check or certified check of an Iowa bank or a bank chartered under the laws of the United States, or a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, in an amount equal to ten percent (10%) of the amount of the bid, made payable to the City Treasurer of the City of Sioux City, Iowa. The check or draft may be cashed by the City Treasurer as liquidated damages in the event the successful bidder fails to enter into a contract within the ten (10) days after notice of award and post bond satisfactory to the City ensuring the faithful fulfillment of the contract. The contract will be awarded to the lowest responsive, responsible bidder. However, the City reserves the right to reject any or all bids, readvertise for new bids and to waive informalities that may be in the best interest of the City. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced within the state of Iowa and to Iowa domestic labor. The work on this project shall begin immediately upon approval of the contract by the City and be fully completed on or before July 29, 2013. Specifications for this project shall be the current version of the Iowa Statewide Urban Standard Specifications for Public Improvements modified in accordance with the current City of Sioux City Supplement.

Copies of said construction documents are available at the office of the City Clerk of Sioux City for examination by the public. Construction documents for private use may be obtained from the Engineering Division, City Hall, upon deposit of $15.00 dollars for each set. The deposit will be returned to depositor if the construction documents are returned in good condition within fifteen (15) days from date of letting. Bid documents and plans may also be obtained by contractors/vendors who are members of DemandStar.com via the internet or by calling 800-711-1712. LISA L. McCARDLE City Clerk of the City of Sioux City, Iowa Publish in the Sioux City Journal April 20, 2013 and April 27, 2013.

2013 INTERSECTION RECONSTRUCTION PROJECT

1st Intersection

2013 INTERSECTION RECONSTRUCTION PROJECT

2nd Intersection


CITY OF SIOUX CITY


MEETING DATE: April 15,2013 ACTION ITEM # 9A

FROM: Curtis R. Miller, Airport Director

SUBJECT: Resolution authorizing and approving a Law Enforcement Officer Reim-bursement Agreement between the City of Sioux City, Iowa, and the Transportation Security Administration. (Award No. HSTS0213HSLR305)



Manager

RECOMMENDATION:

Staff respectfully requests the City Council approve the execution of the Law Enforcement Officer Reimbursement Agreement between the City of Sioux City, Iowa and the Transporta-tion Security Administration (TSA).

DISCUSSION:

Per the Department of Homeland Security, each Airport Operator is required to establish an airport security program that provides a law enforcement presence and capability at the air-port that adequately ensures the safety of passengers and national security. This award will cover the period 10/1/2012-9/30/2015. The TSA recently notified Sioux Gateway Airport that our award money had been reduced by $5,343.75 annually. The award was delayed until Congress appropriated the money.

FINANCIAL IMPACT:

The award allows for reimbursement for the staffing of Law Enforcement Officers at the Air-port not to exceed $102,656.25 over a three year period ($34,218.76 annually). The reduction in the award amount will have no financial impact to the Airport as the hours for the Law En-forcement Personnel have been reduced so as not to exceed that amount.


Municipal Responsibility-Health and Safety ALTERNATIVES:

Eliminate private security guard services and depend upon local law enforcement which staff does not recommend as this agreement reimburses 100% of cost for security services.

ATTACHMENTS:

Resolution TSA Award


RESOLUTION AUTHORIZING AND APPROVING A LAW ENFORCEMENT OF-FICER REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF SIOUX CITY, IOWA, AND THE TRANSPORTATION SECURITY ADMINISTRATION. (AWARD NO. HSTS0213HSLR305)

WHEREAS, the Transportation Security Administration (TSA) has submitted a Law Enforcement Officer Reimbursement Agreement, a copy of which is attached hereto and by this reference incorporated herein, which provides for the funding of security personnel at the Sioux Gateway Airport/Col. Bud Day Field; and WHEREAS, the City Council of the City of Sioux City is of the opinion and belief that such Law Enforcement Officer Reimbursement Agreement should be approved and authorized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the Law Enforcement Officer Reimbursement Agreement between the Transportation Security Administration and the City of Sioux City, Iowa, as referred to in the preamble hereof, be and the same is hereby approved as to form and content. BE IT FURTHER RESOLVED that the Airport Director be and he is hereby authorized and di-rected to execute said Law Enforcement Officer Reimbursement Agreement for and on behalf of the City of Sioux City, Iowa. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Airport\Law Enforcement Personnel Agreement.Doc


CITY OF SIOUX CITY




SUBJECT: Resolution awarding and approving a contract to Sioux City Engineering,

Co. of Sioux City, Iowa, in the amount of $74,325 for the Legacy Park Site Improvements, Phase I Project. (3014 and 3020 1/2 Glen Ellen Road)



Manager

RECOMMENDATION:

Staff respectfully requests City Council award and approve a contract to Sioux City Engineer-ing, Co. of Sioux City, Iowa, in the amount of $74,325.00 for the Legacy Park Site Improve-ments, Phase I Project (3014 and 3020 ½ Glen Ellen Road).

DISCUSSION:

Staff advertised the Notice of Public Hearing and Notice to Bidders on March 2, 2013 and March 9, 2013. A Public Hearing was held March 25, 2013. This project has a completion date of August 1, 2013 to provide the contractor with sufficient time to complete the required work. On March 26, 2013 four bids were received by the City for the project. The bids are as fol-lows:

Company City BASE BID Sioux City Engineering, Co. Sioux City, Iowa $ 74,325.00 Fenton Construction, Inc. Sioux City, Iowa $ 86,885.20 Lessard Contracting Sergeant Bluff, Iowa $103,437.00 Knife River Midwest, LLC Sioux City, Iowa $109.230.27 D.A. Davis Co., Inc. South Sioux City, Nebraska $112,257.10 T.R. Harris Construction, Inc. Homer, Nebraska $113,271.50 Halman Construction, Inc. Sioux City, Iowa $114,894.58 Gill Construction, Inc. Jackson, Nebraska $129,169.14 Engineer’s Estimate $100,951.25

The base bid, submitted by Sioux City Engineering, Co. of Sioux City, Iowa, is approximately 26.38% or $26,626.75 below the Engineer’s Estimate of $100,951.25.

FINANCIAL IMPACT:

This project is to be funded under FY13 CIP No. 459-046, “Legacy Park” with a current bal-ance of $93,821.00.


Municipal Responsibility - Healthy and Safety Strategic Focus Area - Explore Destination Sioux City

ALTERNATIVES:

Staff recommends City Council award the bid and approve the contract to the lowest bidder. ATTACHMENTS:

Resolution Engineer’s Recommendation Bid Tabulation Sheet Contracts – Hard Copies

RESOLUTION NO. 2013 - ____________

RESOLUTION AWARDING AND APPROVING A CONTRACT TO SIOUX CITY ENGINEERING, CO. OF SIOUX CITY, IOWA, IN THE AMOUNT OF $74,325.00 FOR THE LEGACY PARK SITE IMPROVEMENTS, PHASE I PROJECT (3014 AND 3020 ½ GLEN ELLEN ROAD).

WHEREAS, pursuant to a notice published in the manner and form prescribed by law, bids and proposals were received by the City of Sioux City, Iowa, on March 26, 2013 for the Legacy Park Site Improvements, Phase I Project, in Sioux City, Iowa (the Project) together with necessary accessories and appurtenances, all in accordance with the plans and specifications heretofore prepared by DGR Engineering; and WHEREAS, all of said bids and proposals were carefully considered and it is necessary and advisable that the lowest and/or best bid be accepted and that a contract be awarded for the construction of the Project in Sioux City, Iowa; and WHEREAS, the low bidder has submitted a contract and performance bond and related docu-ments, 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 exe-cution and all supporting documents to determine if the same comply with the contract specifica-tions; 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, AND IT 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 accesso-ries 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 Sioux City Engineer-ing, Co. of Sioux City, Iowa in the amount of $74,325.00 for construction of the Project in Sioux City, Iowa, as provided in the plans and specifications referred to in the preamble hereof is the lowest and/or best bid received and the same is hereby accepted and the contract awarded to said bidder. Section 3: It is hereby found, determined, and declared that the bid accepted in the preced-ing section of this resolution is fully responsive to the proposal, plans and specifications for con-struction of the Project in Sioux City, Iowa, together with necessary accessories and appurte-nances. Section 4: The contract and bond submitted by the contractor is hereby approved by the City Council for approval and signature by the City.

Section 5: The City Manager and City Clerk are hereby authorized and directed to execute said contract for and on behalf of the City of Sioux City, Iowa. Upon execution of the contract by the City Manager as authorized herein, the contract shall be in full force and effect and not be-fore. Section 6: Progress payments may be made to the contractor under the terms and provi-sions of the contract by the Director of Finance in amounts certified by the Parks and Recreation Manager as the value of work satisfactorily performed for the period. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk


CITY OF SIOUX CITY



FROM: Jade Dundas, Public Works Director Tom Gill, Civil Engineer

SUBJECT: Resolution granting a permit to Long Lines of Sergeant Bluff, Iowa, to own,

operate and maintain underground cable beginning at an existing vault lo-cated in the Iowa Department of Transportation Right-Of-Way behind Hob-by Lobby located at 4501 Southern Hills Drive and extending east across South Lakeport Street and ending at a cellular tower located behind South-ern Hills Self Storage located at 4711 Southern Hills Drive.



Manager

RECOMMENDATION:

Staff respectfully requests the City Council approve the Resolution granting a permit to Long Lines to perform underground construction in the City’s right-of-way for the installation of a single 2 inch duct beginning at an existing vault located in IDOT right-of-way behind Hobby Lobby located at 4501 Southern Hills Drive and extending east across South Lakeport Street and ending at a cellular tower located behind Southern Hills Self Storage located at 4711 Southern Hills Drive.

DISCUSSION:

Attached please find a letter from Tony Mau of Long Lines requesting a permit to install a sin-gle 2 inch duct beginning at an existing vault located in IDOT right-of-way behind Hobby Lobby located at 4501 Southern Hills Drive and extending east across South Lakeport Street and ending at a cellular tower located behind Southern Hills Self Storage located at 4711 Southern Hills Drive. The 2 inch duct will allow Long Lines to provide telecommunication services to the cellular tower. This fiber permit approval is recommended by staff to provide optical telecommunications ser-vices to the cellular tower. Pursuant to municipal ordinance, permits are granted by the City Council to install under-ground cable to those companies not holding a franchise with the City. In the past, the Council has been concerned about exclusivity with respect to the granting of these permits. The City is prohibited from granting any type of exclusive rights to a cable company, a telecommunica-tions company, a gas company or an electric company under the laws of the State of Iowa. Therefore, we cannot require anybody to use the facilities of Long Lines or any other tele-phone company. The attached route has been reviewed by the Engineering Department.

FINANCIAL IMPACT:

There are no budget implications for the City due to this project. RELATIONSHIP TO STRATEGIC PLAN:

Municipal Responsibility – Infrastructure Focus Area – Expand Development Opportunities and Grow Sioux City

ALTERNATIVES:

Council could deny permit to Long Lines of Sergeant Bluff, Iowa ATTACHMENTS:

Resolution Letter request from Long Lines Maps (2)

RESOLUTION NO. 2013 - ____________

RESOLUTION GRANTING A PERMIT TO LONG LINES OF SERGEANT BLUFF, IOWA, TO OWN, OPERATE AND MAINTAIN UNDERGROUND CABLE BEGINNING AT AN EXISTING VAULT LOCATED IN THE IOWA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY BEHIND HOBBY LOBBY LOCATED AT 4501 SOUTHERN HILLS DRIVE AND EXTENDING EAST ACROSS SOUTH LAKEPORT STREET AND ENDING AT A CELLULAR TOWER LOCATED BE-HIND SOUTHERN HILLS SELF STORAGE LOCATED AT 4711 SOUTHERN HILLS DRIVE.

WHEREAS, the City Council has received a request from Long Lines (hereinafter referred to as “Permitee”) to own, operate and maintain underground communication cable to be installed by Permitee in certain specified public right-of-ways; and WHEREAS, the City Council is advised and does believe that permission to own, operate and maintain such cable should be granted, pursuant to Chapter 12.05 of the Sioux City Municipal Code, under the conditions hereafter imposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that Permitee be and it is hereby authorized to own, operate and maintain commu-nication cable underground, across or along the following streets:

• Installation of a single 2 inch duct beginning at an existing vault located in Io-wa Department of Transportation right-of-way behind Hobby Lobby located at 4501 Southern Hills Drive and extending east across South Lakeport Street and ending at a cellular tower located behind Southern Hills Self Storage lo-cated at 4711 Southern Hills Drive.

1. Cable under paved right-of-ways shall be maintained without disturbing the driving surface

unless specifically authorized by the City’s engineering division in writing. 2. Open cutting of public right-of-ways or private driveways to maintain the existing cable shall

be replaced to original condition. 3. Permitee’s contractor must schedule a preconstruction meeting with City Engineering staff

prior to construction to provide information concerning the construction methods, traffic control plan, construction schedule, and impacts to the City’s right-of-way. The contractor must also provide City Engineering with a construction plan showing handholes, conduit lo-cations, and other appurtenances that will be installed in the City’s right-of-way.

4. A complete set of “as built” construction plans in paper and electronic format shall be filed

with the City’s engineering division within fourteen (14) days after completion of the project. 5. Permitee shall maintain with the City’s engineering division a telephone number or numbers

to call to locate buried cable and to receive emergency messages at any time. 6. In the course of maintaining the buried cable, no public right-of-way shall be closed without

notice and consent of the Public Works Department. Notice shall be at least 72 hours in advance of any closing. Closing shall be at no expense to the City.

7. Permitee or its contractor shall comply with all city ordinances regulating construction on

the public right-of-ways during any maintenance activities on the buried cable. Permitee agrees to comply with all other ordinances and any amendments thereto of the City regulat-ing the use and occupancy of public right-of-way including, but not limited to, Chapter 12.05 of the Sioux City Municipal Code.

8. Permitee shall relocate any buried cable, at its expense, to accommodate a public im-

provement in the public right-of-way. 9. Permitee shall defend at its own expense, in the name and on behalf of the City, and shall

indemnify and save harmless the City from any and all claims, suits, losses, damages, costs or expenses, whether caused or contributed to by the negligence of Permitee or the City, on account of injury or damage to any person or property, caused or occasioned or al-legedly caused or occasioned, in whole or in part, by reason of or arising out of the con-struction, excavation, operation or maintenance of the buried cable permitted by this resolu-tion. However, Permitee shall not be obligated to defend, indemnify and save harmless the City for any costs or damages arising from the sole negligence of the City. The duty of Permitee to defend and save harmless and indemnify the City shall extend to the officers, employees and agents of the City to the extent the City is obligated to defend, save harm-less and indemnify by law.

10. Permitee agrees to require all general contractors who may perform any work for Permitee

under this resolution to post a payment bond with a surety by a company licensed to do business in the State of Iowa guaranteeing payment of all subcontractors and suppliers of the general contractor. In the event Permitee does not comply with this paragraph, it shall become a personal guarantor of the general contractor’s obligations. This requirement is specifically provided for the benefit of third parties.

11. Permitee shall file with the city clerk a letter accepting the terms and conditions of this reso-

lution within thirty (30) days after its passage and approval. Failure to accept the terms and conditions of this resolution within the time frame specified herein shall be sufficient grounds for the city manager to order removal of the buried cable.



CITY OF SIOUX CITY



FROM: Jade Dundas, Public Works Director Tom Gill, Civil Engineer

SUBJECT: Resolution granting a permit to Long Lines of Sergeant Bluff, Iowa, to own,

operate and maintain underground cable from an existing underground vault located near the intersection of West 19th Street and Casselman Street to 2121 West 19th Street



Manager

RECOMMENDATION:

Staff respectfully requests City Council approve the Resolution granting a permit to Long Lines to perform underground construction in the City’s right-of-way for the installation of a single 2 inch duct from an existing underground vault located near the intersection of West 19th Street and Casselman Street to 2121 West 19th Street.

DISCUSSION:

Attached please find a letter from Tony Mau of Long Lines requesting a permit to install a sin-gle 2 inch duct from an existing underground vault located near the intersection of West 19th Street and Casselman Street to 2121 West 19th Street. The 2 inch duct will allow Long Lines to provide telecommunication services to ATT. This fiber permit approval is recommended by staff to provide optical telecommunications ser-vices to ATT. Pursuant to municipal ordinance, permits are granted by the City Council to install under-ground cable to those companies not holding a franchise with the City. In the past, the Council has been concerned about exclusivity with respect to the granting of these permits. The City is prohibited from granting any type of exclusive rights to a cable company, a telecommunica-tions company, a gas company or an electric company under the laws of the State of Iowa. Therefore, we cannot require anybody to use the facilities of Long Lines or any other tele-phone company. The attached route has been reviewed by the Engineering Department.

FINANCIAL IMPACT:

There are no budget implications for the City due to this project. RELATIONSHIP TO STRATEGIC PLAN:

Municipal Responsibility – Infrastructure Focus Area – Expand Development Opportunities and Grow Sioux City

ALTERNATIVES:

Council could deny permit to Long Lines of Sergeant Bluff, Iowa ATTACHMENTS:

Resolution Letter request from Long Lines Map

RESOLUTION NO. 2013 - ____________

RESOLUTION GRANTING A PERMIT TO LONG LINES OF SERGEANT BLUFF, IOWA, TO OWN, OPERATE AND MAINTAIN UNDERGROUND CABLE FROM AN EXISTING UNDERGROUND VAULT LOCATED NEAR THE INTER-SECTION OF WEST 19TH STREET AND CASSELMAN STREET TO 2121 WEST 19TH STREET.

WHEREAS, the City Council has received a request from Long Lines (hereinafter referred to as “Permitee”) to own, operate and maintain underground communication cable to be installed by Permitee in certain specified public right-of-ways; and WHEREAS, the City Council is advised and does believe that permission to own, operate and maintain such cable should be granted, pursuant to Chapter 12.05 of the Sioux City Municipal Code, under the conditions hereafter imposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that Permitee be and it is hereby authorized to own, operate and maintain commu-nication cable underground, across or along the following streets:

• Installation of a single 2 inch duct from an existing underground vault located near the intersection of West 19th Street and Casselman Street to 2121 West 19th Street.

1. Cable under paved right-of-ways shall be maintained without disturbing the driving surface

unless specifically authorized by the City’s engineering division in writing. 2. Open cutting of public right-of-ways or private driveways to maintain the existing cable shall

be replaced to original condition. 3. Permitee’s contractor must schedule a preconstruction meeting with City Engineering staff

prior to construction to provide information concerning the construction methods, traffic control plan, construction schedule, and impacts to the City’s right-of-way. The contractor must also provide City Engineering with a construction plan showing handholes, conduit lo-cations, and other appurtenances that will be installed in the City’s right-of-way.

4. A complete set of “as built” construction plans in paper and electronic format shall be filed

with the City’s engineering division within fourteen (14) days after completion of the project. 5. Permitee shall maintain with the City’s engineering division a telephone number or numbers

to call to locate buried cable and to receive emergency messages at any time. 6. In the course of maintaining the buried cable, no public right-of-way shall be closed without

notice and consent of the Public Works Department. Notice shall be at least 72 hours in advance of any closing. Closing shall be at no expense to the City.

7. Permitee or its contractor shall comply with all city ordinances regulating construction on

the public right-of-ways during any maintenance activities on the buried cable. Permitee agrees to comply with all other ordinances and any amendments thereto of the City regulat-ing the use and occupancy of public right-of-way including, but not limited to, Chapter 12.05 of the Sioux City Municipal Code.

8. Permitee shall relocate any buried cable, at its expense, to accommodate a public im-provement in the public right-of-way.

9. Permitee shall defend at its own expense, in the name and on behalf of the City, and shall

indemnify and save harmless the City from any and all claims, suits, losses, damages, costs or expenses, whether caused or contributed to by the negligence of Permitee or the City, on account of injury or damage to any person or property, caused or occasioned or al-legedly caused or occasioned, in whole or in part, by reason of or arising out of the con-struction, excavation, operation or maintenance of the buried cable permitted by this resolu-tion. However, Permitee shall not be obligated to defend, indemnify and save harmless the City for any costs or damages arising from the sole negligence of the City. The duty of Permitee to defend and save harmless and indemnify the City shall extend to the officers, employees and agents of the City to the extent the City is obligated to defend, save harm-less and indemnify by law.

10. Permitee agrees to require all general contractors who may perform any work for Permitee

under this resolution to post a payment bond with a surety by a company licensed to do business in the State of Iowa guaranteeing payment of all subcontractors and suppliers of the general contractor. In the event Permitee does not comply with this paragraph, it shall become a personal guarantor of the general contractor’s obligations. This requirement is specifically provided for the benefit of third parties.

11. Permitee shall file with the city clerk a letter accepting the terms and conditions of this reso-

lution within thirty (30) days after its passage and approval. Failure to accept the terms and conditions of this resolution within the time frame specified herein shall be sufficient grounds for the city manager to order removal of the buried cable.



CITY OF SIOUX CITY


MEETING DATE: April 15, 2013 ACTION ITEM # 9E


SUBJECT: Resolution approving an agreement with the Iowa Department of Transpor-tation for use of Wesley Parkway, 5th Street and Pierce Street as detours in connection with the I-29 Reconstruction Project during the 2013 construc-tion season. (Project No. Im-29-6(168)146-13-97)



Manager

RECOMMENDATION:

Staff respectfully requests Council authorize signature for an agreement with the Iowa De-partment of Transportation to use local roads as detours during the 2013 construction of Inter-state 29.

DISCUSSION:

The Iowa Department of Transportation has requested that they be authorized to use Wesley Parkway, 5th Street and Pierce Street to detour traffic during the closure of the southbound Wesley Ramp from April 1, 2013 to December 31, 2013. This agreement is similar to previous year’s agreements which have allowed IDOT to utilize other local roads when portions of I-29 are being constructed and are closed. The City is reimbursed for the utilization of the detour routes based upon the total time the roads are used in the season. All detours will meet the MUTCD standards for traffic control and will be maintained by the DOT throughout the closure.

FINANCIAL IMPACT:

The City will receive a financial compensation for the utilization of the local roads during the closure.



ALTERNATIVES:

Deny the use of local road ways as detours for the I-29 project. This will likely delay the pro-ject and increase costs significantly. Ask DOT to identify other routes.

ATTACHMENTS:

Resolution Agreement Detour map


RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA DEPART-MENT OF TRANSPORTATION FOR USE OF WESLEY PARKWAY, 5TH STREET AND PIERCE STREET AS DETOURS IN CONNECTION WITH THE I-29 RECONSTRUCTION PROJECT DURING THE 2013 CONSTRUCTION SEASON. (PROJECT NO. IM-29-6(168)146—13-97)

WHEREAS, the Iowa Department of Transportation has determined the necessity to close Wes-ley Parkway Ramp “C” to southbound I-29 in connection with the I-29 Reconstruction Project during the 2013 construction season; and WHEREAS, it is necessary to provide a detour for the primary highway closure period; and WHEREAS, the City of Sioux City desires to permit the use of Wesley Parkway, 5th Street and Pierce Street as detours during the I-29 Reconstruction Project during the 2013 construction season; and WHEREAS, the Iowa Department of Transportation has submitted to the City of Sioux City an Agreement for the use of Wesley Parkway, 5th Street and Pierce Street as detours during the I-29 Reconstruction Project closure during the 2013 construction season, a copy of which Agreement is attached hereto and by this reference made a part hereof, which should be ap-proved as to form and content. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the Agreement by and between the Iowa Department of Transportation and the City of Sioux City, Iowa, for the use of Wesley Parkway, 5th Street and Pierce Street as detours in con-nection with the I-29 Reconstruction Project during the 2013 construction season, be and the same is hereby approved and the Mayor and City Clerk be and they are hereby authorized and directed to execute said agreement for and on behalf of the City. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk


CITY OF SIOUX CITY


MEETING DATE: April 15, 2013 ACTION ITEM # 9F


SUBJECT: Resolution granting a grading permit to Holtze Construction to remove soil from an existing borrow site located at 3100 South Lewis Boulevard to mitigate severe erosion at an adjacent site located at 4230 Hickory Lane. (Prestwick Apartment Drainage Improvements)



Manager

RECOMMENDATION:

Staff respectfully requests Council approve the grading permit to Holtze Construction for the borrow site located at 3100 South Lewis Boulevard to be used as fill for location at 4230 Hick-ory Lane as part of a project designed by DGR Engineering to mitigate severe erosion.

DISCUSSION:

As per City Code Section 20.30.040, the City Council must approve all grading permits where activities will occur in the Loess Hills and within that area visible from the Loess Hills National Scenic Byway located on Highway 12 and Interstate 29. The Loess Hills National Scenic By-way is that route set forth in the attached map which shall be kept on file in the offices of the City Clerk, the Engineering Division of the Public Works Department, and City Zoning Office. Public Works Department staff encourages the approval of the grading permit which will allow for the removal of soil from the existing site to mitigate erosion further up the hill. The removal of trees and re-establishment of existing native (remnant) prairie will further the development and progress of the Prairie Corridor. Furthermore, the removal of soil from this location will allow for better viewing and maintenance of the remnant prairie as part of the Prairie Corridor in future years. In addition, the south-east corner of the Prairie Corridor at 3100 South Lewis Boulevard has become a safety hazard and erosion control issue. Allowing the use of soil from the prairie park will help mitigate future issues in the area.

FINANCIAL IMPACT:

There are no city dollars needed to fund this grading permit.


Municipal Responsibility – Quality of Life Strategic Focus – Explore Destination Sioux City #5-Create a Green City Initiative

ALTERNATIVES:

Deny the Grading and Conditional Use permits allowing for removal of soil and maintain land in its current state.

ATTACHMENTS:

Resolution Grading Permit Loess Hills Scenic Byway Map Project Location Map Site Pictures Final Plans (Hard copies provided)


RESOLUTION GRANTING A GRADING PERMIT TO HOLTZE CONSTRUC-TION TO REMOVE SOIL FROM AN EXISTING BORROW SITE LOCATED AT 3100 SOUTH LEWIS BOULEVARD TO MITIGATE SEVERE EROSION AT AN ADJACENT SITE LOCATED AT 4230 HICKORY LANE. (PRESTWICK APARTMENT DRAINAGE IMPROVEMENTS)

WHEREAS, pursuant to Section 20.30.040 of the Sioux City Municipal Code, no person shall do any grading on any property which involves the movement of more than 50 cubic yards of mate-rial in the city without first obtaining a grading permit; and WHEREAS, grading permits for grading activities in the Loess Hills within areas visible from the Loess Hills National Scenic Byway located on Highway 12 and Interstate 29 shall require City Council approval of the permit; and WHEREAS, the City Council has received a request from Holtze Construction of Sioux City, Io-wa, hereinafter “Permittee”, to remove soil from an existing borrow site located at 3100 South Lewis Boulevard to mitigate severe erosion at an adjacent site located at 4230 Hickory Lane; and WHEREAS, the City Council is advised and does believe that permission to remove soil from an existing borrow site located at 3100 South Lewis Boulevard to mitigate severe erosion at an ad-jacent site located at 4230 Hickory Lane should be granted; and WHEREAS, the City Council is advised and does believe that approval of the grading permit will preserve the scenic characteristics of the Loess Hills and will not affect the City’s designation on the Loess Hills National Scenic Byway; and WHEREAS, there is attached hereto and by this reference made a part hereof, a Grading Per-mit Application, which Application shall be approved as to form and content. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that Holtze Construction be and they are hereby granted a grading permit to re-move soil from an existing borrow site located 3100 South Lewis Boulevard to mitigate severe erosion at an adjacent site located at 4230 Hickory Lane subject to the following terms and con-ditions: 1. Permittee’s contractor must schedule a preconstruction meeting with City Engineering staff

prior to grading activities to provide information concerning the grading and construction methods, traffic control plan if necessary, construction schedule, and any impacts to the City’s right-of-way. The contractor must also provide City Engineering with a grading and erosion control plan.

2. A complete set of “as built” grading, erosion control, topographic, and/or construction plans

in paper and electronic format shall be filed with the City’s engineering division within four-teen (14) days after completion of the project.

3. Permittee shall maintain with the City’s engineering division a telephone number or num-

bers to call to receive emergency messages at any time.

4. In the course of grading and erosion mitigation, no public right-of-way shall be closed with-

out notice and consent of the Public Works Department. Notice shall be at least 72 hours in advance of any closing. The Public Works Department shall have the express authority to deny any public right-of-way closing request. Any closing shall be at no expense to the City.

5. Permittee or its contractor shall comply with all city ordinances regulating grading, erosion

control, storm water management, and construction in the City or on the public right-of-ways during any maintenance activities at the site. Permittee agrees to comply with all oth-er ordinances and any amendments thereto of the City regulating grading, eroision control, storm water management, or the use and occupancy of public right-of-way including, but not limited to, Chapter 20.30 of the Sioux City Municipal Code.

6. Permittee shall defend at its own expense, in the name and on behalf of the City, and shall

indemnify and save harmless the City from any and all claims, suits, losses, damages, costs or expenses, whether caused or contributed to by the negligence of Permittee or the City, on account of injury or damage to any person or property, caused or occasioned or al-legedly caused or occasioned, in whole or in part, by reason of or arising out of the grading, construction, excavation, or maintenance of the site permitted by this resolution. However, Permittee shall not be obligated to defend, indemnify and save harmless the City for any costs or damages arising from the sole negligence of the City. The duty of Permittee to de-fend and save harmless and indemnify the City shall extend to the officers, employees and agents of the City to the extent the City is obligated to defend, save harmless and indemni-fy by law.

7. Permittee shall file with the city clerk a letter accepting the terms and conditions of this res-

olution within thirty (30) days after its passage and approval. Failure to accept the terms and conditions of this resolution within the time frame specified herein shall be sufficient grounds for the city manager to revoke the grading permit issued by the resolution.

8. A copy of the permit/application shall be available at the job site at all times and shall be

shown to any City official upon demand. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Utilities\Holtze Construction Grading Permit (Prestwick Apartments).Doc


CITY OF SIOUX CITY


MEETING DATE: April 15, 2013 ACTION ITEM # 9G

FROM: Curtis R. Miller, Airport Director Mike Collett, Transit/Fleet/Purchasing Manager

SUBJECT: Resolution awarding and approving a contract to Fahrner Asphalt Sealers,

LLC of Plover, Wisconsin, in the amount of $97,748.64 for seal coating of the South Ramp at Sioux Gateway Airport/Colonel Bud Day Field.



Manager

RECOMMENDATION:

Staff respectfully requests that the City Council approve a contract with Fahrner Asphalt Seal-ers, LLC of Plover, Wisconsin in the amount of $97,748.64, for seal coating for the south ramp. The Airport Board of Trustees voted to award this contract to Fahrner Asphalt Sealers, LLC at the March 19, 2013 Airport Board Meeting.

DISCUSSION:

Sioux Gateway Airport/Colonel Bud Day Field was awarded an IDOT Airport Improvement Program Grant in the amount of $400,000 for fencing and pavement maintenance projects. A portion of this will be used for seal coating the south general aviation ramp; the south portion of Taxiway C; the east portion of Taxiway D between the terminal ramp and Runway 17/35; and the under run of Runway 13. The south general aviation ramp was resurfaced in 2005 and the asphalt binder has weath-ered and the remaining particles are creating a Foreign Object Debris (FOD) issue which is dangerous to aircraft. Seal coating, which is IDOT approved, is an asphalt preservation that will extend the life of the asphalt for an additional five year period. The estimated cost for this project was $100,000. Local asphalt installers do not have access to the type of material re-quired by the IDOT. Two bids were received: Fahrner Asphalt Sealers, LLC of Plover, Wis-consin $97,748.64 and Gee Asphalt of Cedar Rapids, IA $126,711.20.

FINANCIAL IMPACT:

The FY2013 IDOT Airport Improvement Program grant will fund 50% of this project. The Air-port’s share will be $48,874.32 and is allocated in FY2013 (Project 749-085).


Municipal Responsibility-Infrastructure

ALTERNATIVES:

N/A ATTACHMENTS:

Resolution Hard copies of the contract will be provided


RESOLUTION AWARDING AND APPROVING A CONTRACT TO FAHRNER ASPHALT SEALERS, LLC OF PLOVER, WISCONSIN IN THE AMOUNT OF $97,748.64 FOR SEAL COATING OF THE SOUTH RAMP AT SIOUX GATEWAY AIRPORT/COLONEL BUD DAY FIELD.

WHEREAS, bids and proposals were received by the City of Sioux City, Iowa, on March 13, 2013 for the Seal Coating of the South Ramp at Sioux Gateway Airport/Colonel Bud Day Field in Sioux City, Iowa; and WHEREAS, all of said bids and proposals were carefully considered, and it is necessary and advisable that the lowest and/or best bid be accepted, and that a contract be awarded for the Seal Coating of the South Ramp at Sioux Gateway Airport/Colonel Bud Day Field 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 Seal Coating of the South Ramp at Sioux Gateway Airport/Colonel Bud Day Field 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 Fahrner Asphalt Sealers, LLC, in the amount of $97,748.64 for the Seal Coating of the South Ramp at Sioux Gateway Airport/Colonel Bud Day Field in Sioux City, Iowa, as referred to in the preamble hereof is the lowest and/or best bid received and the same is hereby accepted and the contract awarded to said bidder. Section 3: It is hereby found, determined and declared that the bid accepted in the preceding section of this resolution is fully responsive to the proposal for the Seal Coating of the South Ramp at Sioux Gateway Airport/Colonel Bud Day Field in Sioux City, Iowa, together with necessary accessories and appurtenances. Section 4: The contract and bond submitted by the contractor is hereby approved by the City Council for approval and signature by the City.

Section 5: The City Manager and City Clerk are hereby authorized and directed to execute said contract for and on behalf of the City of Sioux City, Iowa. Upon execution of the contract by the City Manager as authorized herein, the contract shall be in full force and effect and not before. Section 6: Progress payments may be made to the contractor under the terms and provisions of the contract by the Director of Finance in amounts certified by Curt Miller, Airport Director, as the value of work satisfactorily performed for the period. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Airport\RFP 191 Asphalt Seal Coating Airport.Doc


CITY OF SIOUX CITY


MEETING DATE: April 15, 2013 ACTION ITEM # 9H & I

FROM: Jeff Hanson, CD Operations Manager (JMW)

SUBJECT: Resolution authorizing and approving Releases of a Mortgage and Agree-

ment for Covenants and Restrictions conditional upon receipt of Assign-ment of Mortgage by and between the City of Sioux City, Iowa and Com-munity Housing Initiatives, Inc. and CHI Sioux City, LLLP; an Agreement for Covenants and Restrictions between the City of Sioux City, Iowa and Community Housing Initiatives, Inc.; and acceptance of a Mortgage, Prom-issory Note and Assignment of Mortgage from Community Housing Initia-tives, Inc.; all for the purposes of restructuring $349,452 in HOME funds for the renovation of affordable housing at the Lessenich Apartments located 510 Pearl Street in Sioux City, Iowa. Resolution authorizing and approving Releases of a Mortgage, Agreement for Covenants and Restrictions, Funding Agreement and Promissory Note upon receipt of full payment by and between the City of Sioux City, Iowa and Community Housing Initiatives, Inc. for the Carnegie Apartments lo-cated at 705 6th Street.



Manager

RECOMMENDATION:

Staff respectfully requests Council: For both projects: • Authorize the City Manager to sign a Release of Mortgage and Agreement for Cove-

nants and Restrictions.

For Lessenich Place Apartments: • Agreement for Covenants and Restrictions, Mortgage, and Promissory Note which will

remove all partners from the project except Community Housing Initiatives, Inc. and will extend the term of the loan for 15 years (the developer is requesting 30 years, however, staff does not support this request but would support 15 years).

• Approve an Assignment of Mortgage DISCUSSION:

On March 11, 2013, City Council deferred action on a request from Community Housing Initia-tives until March 25, 2013. Community Housing Initiatives provided additional information dur-ing that meeting and City Council asked the developer to return with a proposal that would provide assurance of some HOME funds back to the City of Sioux City.

Community Housing Initiatives requests City Council approval of the following:

• Payment of the entire balance of the loan in the amount of $89,890.42 for Carnegie Place Apartments using Community Housing Initiatives resources

• Guarantee a minimum annual payment for Lessenich Apartments in the amount of $8,000 annually

FINANCIAL IMPACT:

The entire balance of the loan for Carnegie Place Apartments ($89,890.42) will be paid by Community Housing Initiatives and that money will available to create additional affordable housing in Sioux City. At least $8,000 each year will be paid by Community Housing Initia-tives toward the loan for Lessenich Place Apartments and that money will be available to cre-ate additional affordable housing in Sioux City.


Municipal Responsibility: Quality of Life Strategic Focus Area: Enhance Public Private Partnerships.

ALTERNATIVES :

Deny the request. ATTACHMENTS:

Resolutions Background Report Hard Copies of the following: Lessenich:

Release of Mortgage and Agreement for Covenants and Restrictions Agreement for Covenants and Restrictions Mortgage Promissory Note Assignment of Mortgage

Carnegie: Release of Mortgage and Agreement for Covenants and Restrictions


RESOLUTION AUTHORIZING AND APPROVING RELEASES OF A MORT-GAGE AND AGREEMENT FOR COVENANTS AND RESTRICTIONS CONDI-TIONAL UPON RECEIPT OF ASSIGNMENT OF MORTGAGE BY AND BE-TWEEN THE CITY OF SIOUX CITY, IOWA AND COMMUNITY HOUSING INI-TIATIVES, INC. AND CHI SIOUX CITY, LLLP; AN AGREEMENT FOR COVE-NANTS AND RESTRICTIONS BETWEEN THE CITY OF SIOUX CITY, IOWA AND COMMUNITY HOUSING INITIATIVES, INC.; AND ACCEPTANCE OF A MORTGAGE, PROMISSORY NOTE AND ASSIGNMENT OF MORTGAGE FROM COMMUNITY HOUSING INITIATIVES, INC.; ALL FOR THE PURPOSES OF RESTRUCTURING $349,452 IN HOME FUNDS FOR THE RENOVATION OF AFFORDABLE HOUSING AT THE LESSENICH APARTMENTS LOCATED 510 PEARL STREET IN SIOUX CITY, IOWA.

WHEREAS, on August 7, 1995, the City Council approved Resolution No. 95/U-3514 which provided $300,000 in HOME funds to partners Community Housing Initiatives, Inc., and Siouxland Housing Associates, Limited Partnership; and WHEREAS, Community Housing initiatives, Inc., an Iowa nonprofit corporation and an Iowa cer-tified Community Housing Development Organization (CHDO), and Siouxland Housing Associ-ates, Limited Partnership, have utilized $300,000 in HOME funds to renovate property located at 510 Pearl Street for the purpose of developing forty-one units of affordable housing; and WHEREAS, in May of 2012, Community Housing Initiatives, Inc., received Low Income Housing Tax Credits from the Iowa Economic Development Association; and WHEREAS, in order to obtain an investor for the Low Income Housing Tax Credits, Community Housing Initiatives, Inc. is required to restructure the existing HOME loan which has a current balance of $349,452; and WHEREAS, the City of Sioux City has prepared Releases of a Mortgage and Agreement for Covenants and Restrictions conditional upon receipt of an Assignment of Mortgage, a copy of which is attached hereto and by this reference made a part hereof; and WHEREAS, the City of Sioux City has prepared an Agreement for Covenants and Restrictions with an effective date of April 30, 2013, a copy of which is attached hereto and by this reference made a part hereof; and WHEREAS, the City of Sioux City is prepared to accept a Mortgage and Promissory Note from Community Housing Initiatives, Inc. for the purposes of securing said loan with an effective date of April 30, 2013, a copy of which is attached hereto and by this reference made a part hereof; and WHEREAS, the City of Sioux City has agreed to enter into an Assignment of Mortgage with Community Housing Initiatives, Inc. and CHI Sioux City, LLLP, with an effective date of April 30, 2013, a copy of which is attached hereto and by this reference made a part hereof; and

WHEREAS, the City Council is advised and does believe that said aforementioned documents should be approved and accepted. NOW, THEREFORE BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:

1. That the City Manager is hereby authorized and directed to execute the attached Releases for a Mortgage and Agreement for Covenants and Restrictions upon receipt of a newly executed Mortgage, Assignment of Mortgage, Promissory Note, and Agreement for Covenants and Restrictions from Community Housing Initiatives, Inc.

2. That the new Agreement for Covenants and Restrictions by and between the City of Sioux City, Iowa, and Community Housing Initiatives, Inc., be and the same is hereby approved as to form and content and the City Manager is hereby author-ized to execute said document for and on behalf of the City of Sioux City.

3. That the attached Mortgage and Promissory Note, executed by Community Housing Initiatives, Inc., an Iowa nonprofit corporation, be and the same are ap-proved as to form and content and the City Manager is hereby authorized to exe-cute said document for and on behalf of the City of Sioux City.

4. That the attached Assignment of Mortgage by and between the City of Sioux City, Iowa, Community Housing Initiatives, Inc., and CHI Sioux City, LLLP, be and the same is approved as to form and content and the City Manager is hereby authorized to execute said document for and on behalf of the City of Sioux City..



RESOLUTION AUTHORIZING AND APPROVING RELEASES OF A MORT-GAGE, AGREEMENT FOR COVENANTS AND RESTRICTIONS, FUNDING AGREEMENT AND PROMISSORY NOTE UPON RECEIPT OF FULL PAY-MENT BY AND BETWEEN THE CITY OF SIOUX CITY, IOWA AND COMMUNI-TY HOUSING INITIATIVES, INC. FOR THE CARNEGIE APARTMENTS LO-CATED AT 705 6TH STREET

WHEREAS, on February 10, 1997, the City Council approved Resolution No. 97/U-5142 which provided $80,000 in HOME funds to partners Woodbury County Community Action Agency, an Iowa nonprofit corporation, and Carnegie Place, Limited Partnership; and WHEREAS, the Woodbury County Community Action Agency, an Iowa nonprofit corporation and an Iowa certified Community Housing Development Organization (CHDO) now known as Community Action Agency of Siouxland and Carnegie Place, Limited Partnership, have utilized $80,000 in HOME funds to renovate property located at 705 6th Street for the purpose of devel-oping twenty units of affordable housing; and WHEREAS, Community Housing Initiatives, Inc. was a partner with Woodbury County Commu-nity Action Agency and Carnegie Place, Limited Partnership; and WHEREAS, in May of 2012, Community Housing Initiatives, Inc. received Low Income Housing Tax Credits from the Iowa Economic Development Association; and WHEREAS, in order to obtain an investor for the Low Income Housing Tax Credits, Community Housing Initiatives, Inc. intends to pay off the existing HOME loan which has a current balance of $89,890.42; and WHEREAS, the City of Sioux City has prepared Releases of a Mortgage, Agreement for Cove-nants and Restrictions, Funding Agreement and Promissory Note, copies of which are attached hereto and by this reference made a part hereof; and WHEREAS, the City Council is advised and does believe that said aforementioned documents 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:

1. That the City Manager is hereby authorized and directed to execute the attached Releases for a Mortgage, Agreement for Covenants and Restrictions, Funding Agreement and Promissory Note upon satisfaction that full payment has been re-ceived by the City of Sioux City in the amount of $89,890.42 from Community Housing Initiatives, Inc.;


BACKGROUND REPORT On August 7, 1995, City Council approved a HOME loan in the amount of $300,000 for the re-habilitation of 301 5th Street into 41 units of housing, with 22 of those units designated as HOME units (Lessenich Apartments). The loan is a 20 year loan amortized over 50 years, with deferred payments for the first three years. The first payment was due December 31, 2000. The terms of the loan require payment to the extent of funds available from surplus cash from the opera-tion of the completed project. Surplus cash means all annual operating revenues each year less all expenses of operations, including funding of operating and replacement reserves, con-ventional debt services, and Iowa Economic Development Association’s Housing Assistance Fund loan made to the project. Each year the owner of the project is required to submit finan-cial records, including an audit, to document whether payment can be made. Since 1997, only one payment in the amount of $3,153.03 was made. Financial records for the remaining years show there was not enough surplus cash to support making payments. The payments that have not been made have been deferred and will be added to the balloon payment which currently comes due December 31, 2016. On February 10, 1997, City Council approved a HOME loan in the amount of $80,000 for the rehabilitation of 705 6th Street into 20 housing units, all of which were designated as HOME units (Carnegie Apartments). The loan is a 20 year loan amortized over 50 years, with deferred payments for the first three years. The first payment was due July 31, 2002. The terms of the loan require payment to the extent of funds available from surplus cash from the operation of the completed project. Surplus cash means all annual operating revenues each year less all expenses of operations, including funding of operating and replacement reserves, conventional debt services, and Iowa Economic Development Association’s Housing Assistance Fund loan made to the project. Each year the owner of the project is required to submit financial records, including an audit, to document whether payment can be made. Since 1997, only one payment in the amount of $800 was made. Financial records for the remaining years show there was not enough surplus cash to support making payments. The payments that have not been made have been deferred and will be added to the balloon payment which currently comes due July 31, 2016. In May of 2012, the Iowa Finance Authority awarded Low Income Housing Tax Credits to Com-munity Housing Initiatives, Inc. which would allow them to complete rehabilitation and continue to provide affordable rental housing for at least another 30 years. The estimated investment is approximately $4,000,000 ($65,500 per unit). According to Community Housing Initiatives, Inc., in order to proceed with the rehabilitation and to close with the tax credit investor, the projects need to address HOME fund loan balances that were awarded for the original rehabilitation. The State has forgiven $951,783 in HOME loans for the two projects. Due to Staff’s concerns re-garding setting a precedent by forgiving HOME loans, Community Housing Initiatives, Inc. is re-questing the following from the City of Sioux City in lieu of loan forgiveness:

• Amend current funding documents to remove all partners from the projects except for Community Housing Initiatives, Inc.

• Pay off the loan for Carnegie Place Apartments and restructure the loan for Lessenich Place Apartments to allow for repayment of $8,000 per year plus funds available from surplus cash with a balloon payment due in 2029.


CITY OF SIOUX CITY



FROM: Marty Dougherty, Economic Development

SUBJECT: Resolution inviting proposals for the lease of land in the Donner Park Urban

Renewal Area, announcing the intent to accept the proposal of Charles Oehlerking, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (A 109 acre parcel of property located at 2201 Boulevard of Champions)



Manager

RECOMMENDATION:

Staff respectfully requests the City Council approve the attached resolution. DISCUSSION:

In response to the need to create shovel-ready industrial sites the City of Sioux City and the Siouxland Initiative/Chamber Foundation began a collaboration to create the Bridgeport West Industrial Park about ten years ago. On December 12, 2012, the City Council approved the purchase of a 109 acre tract “Phase I” property from the Siouxland Chamber Foundation. The Siouxland Initiative then used the proceeds of the sale along with additional funds to purchase the adjacent 150 acre Phase II site. Previous to the Chamber’s ownership of the property it was owned by Charles Oehlerking, a local farmer with farm operations in the vicinity. Mr. Oehlerking has been continuously farming the Bridgeport West property throughout the Chamber’s ownership, and has entered into an agreement to farm the 150 acre Phase II site this season. He has proposed to farm the 109-acre for the City as well under the terms of a proposed lease. As the Bridgeport West property is slated for industrial development, an economic development project would prompt a termi-nation of the lease. Approval of the above resolution will initiate the mandatory 30 day notice period for the lease of City-owned property in an urban renewal area. Staff will present a lease agreement for Council consideration upon completion of the notice period on May 20, 2013.

FINANCIAL IMPACT:

The City will receive lease revenue under the terms of the farm lease. RELATIONSHIP TO STRATEGIC PLAN:

A part of the Economic Opportunities Vision: We will work with current businesses to create job growth and aggressively seek out opportunities to attract new economic growth.

ALTERNATIVES:

None Recommended ATTACHMENTS:

Resolution Project Proposal Project Map


RESOLUTION INVITING PROPOSALS FOR THE LEASE OF LAND IN THE DONNER PARK URBAN RENEWAL AREA, ANNOUNCING THE INTENT TO ACCEPT THE PROPOSAL OF CHARLES OEHLERKING, FIXING THE DATE FOR RECEIPT OF PROPOSALS, AND FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF. (A 109 ACRE PARCEL OF PROPERTY LOCATED AT 2201 BOULEVARD OF CHAMPIONS)

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 Donner Park Urban Renewal Project; and WHEREAS, Charles Oehlerking has submitted to the City a proposal to lease an approximate 109 acre portion of the project area described as follows:

Those portions of Lots One (1) and Two (2) of Section Twenty-four (24) and Lot One (1) of Section Twenty-three (23) and accreted lands thereto, Township Eighty-eight (88) North, Range Forty-eight (48) West of the 5th P.M. according to the official Plat of Survey of Brassfield's Island returned by Martin Holmvig, Coun-ty Surveyor, dated September 10,1904; and recorded in Plat Book 13 on Page 41; all in Woodbury County, Iowa, described as follows:

Beginning at the intersection of the East-West center line of Section 24 in Town-ship 88 North, Range 48 West of the 5th P.M., and the East Meander Line of said Brassfield's Island, said point being a found Concrete Monument; thence South 05° 03’ 42" West along said East Meander Line for a distance of 319.87 feet; thence North 89° 03' 40" West for a distance of 4294.83 feet to the beginning of a Meander Line along the East bank of the Missouri River, said Meander Line courses are as follows; thence North 51° 42' 39" East for a distance of 628.09 feet; thence North 46° 24' 37" East for a distance of 1332.00 feet to the intersec-tion of said Meander Line with the South line of Bridgeport Industrial Park 2nd Addition to the City of Sioux City, Iowa, as recorded in the Recorder's Office of the Woodbury County Courthouse; thence South 89° 03' 40" East along said South line for a distance of 2714.99 feet to the intersection of said South line with the West line of the parcel of land described by survey recorded on Roll 249, Im-age 973 in said Recorders Office; thence South 14° 40' 28" East along said West line for a distance of 43.35 feet: thence South 15° 18' 03" East along said West line for a distance of 93.85 feet; thence South 36° 30' 39" East along said West line for a distance of 162.04 feet; thence South 26° 44' 35" East along said West line for a distance of 291.21 feet; thence South 10° 57' 34" West along said West line for a distance of 501.22 feet to the intersection of said West line with the East-West centerline of said Sec. 24; thence South 89°59'07" West along said East-West centerline for a distance of 17.80 feet to the Point of Beginning.

Basic of Bearings; The South line of Bridgeport Industrial Park 2nd Addition is assumed to bear South 89° 03' 40" East to conform to platted surveys of record; and

a copy of which proposal is attached hereto and on file in the office of the City Clerk; and WHEREAS, Section 403.8 of the Code of Iowa authorizes the City to invite proposals from and make available all pertinent information to all parties interested in obtaining property in an urban renewal area under such reasonable competitive bidding procedures as it shall prescribe; and WHEREAS, the City Council believes that it is in the public interest to lease said property and that proposals for the lease be sought from parties who had not expressed their interest prior to this offering; and WHEREAS, the City wishes to announce its intent to accept the proposal of Charles Oehlerking in the absence of any more favorable offer in response to the invitation made herein; and WHEREAS, the City only wishes to lease this land beginning May 21, 2013 and ending October 31, 2013; and WHEREAS, further information should be made available to any other interested parties; and WHEREAS, any additional proposals should be submitted to the Economic Development Department, Room 206, City Hall, 405 Sixth Street, Sioux City, Iowa, by 1:00 p.m., local time, May 20, 2013; and WHEREAS, a Notice of Invitation for Proposals and of Intention to Accept Proposal, and of a Public Hearing, a copy of which is attached hereto and by this reference incorporated herein, should be approved as to form and content and its publication authorized and directed. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Public Notice attached hereto is hereby approved as to form and content and its publication is hereby authorized and directed. BE IT FURTHER RESOLVED that the City hereby announces and fixes a public hearing on said proposal on May 20, 2013, at the regularly scheduled council meeting and fixes the date of May 20, 2013 at 1:00 p.m., local time, as the last day upon which proposals can be received by the City. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk

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

NOTICE is hereby given that there is now on file in the office of the City Clerk located at the Customer Service Center on First Floor of City Hall, 405 6th Street, Sioux City, Iowa, a resolution under and by virtue of which the City of Sioux City, Iowa, invites proposals for the lease of certain land in the Donner Park Urban Renewal Project Area; and under and by virtue of which the City has expressed an intent to accept the proposal as submitted by Charles Oehlerking, a copy of which is on file in the office of the City Clerk. Said Invitation for Proposals and said proposal concerns an approximate 109 acre portion of the following described real property:

Those portions of Lots One (1) and Two (2) of Section Twenty-four (24) and Lot One (1) of Section Twenty-three (23) and accreted lands thereto, Township Eighty-eight (88) North, Range Forty-eight (48) West of the 5th P.M. according to the official Plat of Survey of Brassfield's Island returned by Martin Holmvig, Coun-ty Surveyor, dated September 10,1904; and recorded in Plat Book 13 on Page 41; all in Woodbury County, Iowa, described as follows:

Beginning at the intersection of the East-West center line of Section 24 in Town-ship 88 North, Range 48 West of the 5th P.M., and the East Meander Line of said Brassfield's Island, said point being a found Concrete Monument; thence South 05° 03’ 42" West along said East Meander Line for a distance of 319.87 feet; thence North 89° 03' 40" West for a distance of 4294.83 feet to the beginning of a Meander Line along the East bank of the Missouri River, said Meander Line courses are as follows; thence North 51° 42' 39" East for a distance of 628.09 feet; thence North 46° 24' 37" East for a distance of 1332.00 feet to the intersec-tion of said Meander Line with the South line of Bridgeport Industrial Park 2nd Addition to the City of Sioux City, Iowa, as recorded in the Recorder's Office of the Woodbury County Courthouse; thence South 89° 03' 40" East along said South line for a distance of 2714.99 feet to the intersection of said South line with the West line of the parcel of land described by survey recorded on Roll 249, Im-age 973 in said Recorders Office; thence South 14° 40' 28" East along said West line for a distance of 43.35 feet: thence South 15° 18' 03" East along said West line for a distance of 93.85 feet; thence South 36° 30' 39" East along said West line for a distance of 162.04 feet; thence South 26° 44' 35" East along said West line for a distance of 291.21 feet; thence South 10° 57' 34" West along said West line for a distance of 501.22 feet to the intersection of said West line with the East-West centerline of said Sec. 24; thence South 89°59'07" West along said East-West centerline for a distance of 17.80 feet to the Point of Beginning.

Basic of Bearings; The South line of Bridgeport Industrial Park 2nd Addition is assumed to bear South 89° 03' 40" East to conform to platted surveys of record.

Full information as to the form and content of bid documents, requirements to be met by bidders, and as to bidding procedures is available at the Economic Development Department, Room 206, City Hall, 405 Sixth Street, Sioux City, Iowa. Any person interested in purchasing said real estate should submit a completed proposal to the Economic Development Department, Room 206, City Hall, 405 Sixth Street, Sioux City, Iowa no later than 1:00 p.m., local time, on May 20, 2013.

The right is reserved by the City to accept or reject any or all proposals, and to waive formalities in any procedures set forth herein. Documents to be completed may be obtained from the Economic Development Department without charge. The City only wishes to lease this land beginning May 21, 2013 and ending October 31, 2013. A public hearing will be held concerning any qualified proposals received and concerning the acceptance of the proposal as submitted by Charles Oehlerking for the lease of said property. Said public hearing will be at the regularly scheduled city council meeting in the Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, on May 20, 2013, at 4:00 p.m., local time, or as soon thereafter as the matter can be reached for hearing. Published by order of the City Council of Sioux City, Iowa. CITY OF SIOUX CITY, IOWA BY: LISA L. MCCARDLE CITY CLERK Published in the Sioux City Journal April 20, 2013.

PROJECT PROPOSAL LETTER


CITY OF SIOUX CITY



FROM: Jeff Hanson, Community Development Operations Manager (SW)

SUBJECT: Resolution proposing to sell certain real property. (A vacated portion of Florence Avenue abutting 1909 Boies Street) (Petitioner: Norbert J. Bravo and Diane M. Bravo) (Purchase price: $1,264.45 plus costs)



Manager

RECOMMENDATION:

Staff respectfully requests Council approve the proposed resolution. DISCUSSION:

On the agenda for Monday is a resolution proposing to sell part of vacated Florence Avenue abutting 1909 Boies Street to Norbert J. Bravo and Diane M. Bravo. This portion of right-of-way was vacated February 25, 2013 by Ordinance No. 2013-0175. The Bravos own the abut-ting property and would like to add the vacated right-of-way to their property. The item on Monday’s agenda schedules a public hearing for May 6, 2013 for the issuance of a City Deed.

FINANCIAL IMPACT:

$ 1,264.45 plus costs will be received at time of closing. RELATIONSHIP TO STRATEGIC PLAN:

Municipal Responsibility - Infrastructure Focus Area – Expand Development Opportunities and Grow Sioux City

ALTERNATIVES:

Do not approve the resolution ATTACHMENTS:

Proposed Resolution Offer to Purchase Aerial


RESOLUTION PROPOSING TO SELL CERTAIN REAL PROPERTY. (A VACATED PORTION OF FLORENCE AVENUE ABUTTING 1909 BOIES STREET) (PETITIONER: NORBERT J. BRAVO AND DIANE M. BRAVO) (PUR-CHASE PRICE: $1,264.45 PLUS COSTS).

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

Part of vacated Florence Avenue abutting Lot 3, Block 5, North Riverside, an ad-dition to Sioux City, Woodbury County, Iowa, described as follows:

Beginning at the southwesterly corner of said Lot 3; thence S 82°46'04"W along the extension of the southerly line of said Lot 3 for 46.19 feet; thence N 7°05'27"W for 50.33 feet to a point on the extension of the northerly line of said Lot 3; thence N 82°55'06"E along said extension of the northerly line for 6.14 feet to the northwesterly corner of said Lot 3; thence southeasterly along the westerly line of said Lot 3 and a 1520 foot radius curve concave southwesterly for 64.23 feet to the point of beginning, said curve having a chord bearing of S 45°39'34"E and a chord length of 64.23 feet. Containing 1,331 square feet. Subject to and together with any and all easements.

Note: The easterly line of said Lot 3 is assumed to bear S.7°05'27"E; and

WHEREAS, said property was vacated pursuant to Ordinance No. 2013-0175 passed and approved February 25, 2013; and WHEREAS, the City Council believes that the above described real property has no present use or anticipated future use by the City of Sioux City, Iowa, and that a sale thereof would be for the general good of the City of Sioux City, Iowa; and WHEREAS, the City Council desires to sell the above described real property pursuant to the terms and conditions set forth in the “Offer To Buy” attached hereto and by this reference made a part hereof; and WHEREAS, a public hearing on this proposed sale should be held and notice of the time, place, and date thereof be given by the City Clerk as by law provided. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the real property described in the preamble hereof has no present use or an-ticipated future use by the City of Sioux City, Iowa. BE IT FURTHER RESOLVED, that the City of Sioux City, Iowa, does hereby propose to sell the real property described in the preamble hereof pursuant to the terms and conditions set forth in the “Offer To Purchase” attached hereto.

BE IT FURTHER RESOLVED, that the City Council hold and conduct a public hearing on this proposal on May 6, 2013 at 4:00 P.M., Local Time, in the Council Chambers, Room 504, City Hall, 405 6th Street, Sioux City, Iowa, and the City Clerk give notice of said hearing in the form of notice attached hereto, which notice is hereby approved as to form and content. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Com Dev\Bravo Sale 1 (Adj 1909 Boies St.).Doc

NOTICE OF HEARING ON PROPOSAL TO DISPOSE OF REAL PROPERTY OWNED BY

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

Part of vacated Florence Avenue abutting Lot 3, Block 5, North Riverside, an ad-dition to Sioux City, Woodbury County, Iowa, described as follows:

Beginning at the southwesterly corner of said Lot 3; thence S 82°46'04"W along the extension of the southerly line of said Lot 3 for 46.19 feet; thence N 7°05'27"W for 50.33 feet to a point on the extension of the northerly line of said Lot 3; thence N 82°55'06"E along said extension of the northerly line for 6.14 feet to the northwesterly corner of said Lot 3; thence southeasterly along the westerly line of said Lot 3 and a 1520 foot radius curve concave southwesterly for 64.23 feet to the point of beginning, said curve having a chord bearing of S 45°39'34"E and a chord length of 64.23 feet. Containing 1,331 square feet. Subject to and together with any and all easements.

Note: The easterly line of said Lot 3 is assumed to bear S.7°05'27"E

(A vacated portion of Florence Avenue abutting 1909 Boies Street)

That the proposal to sell said real property will come on for final hearing and action before the City Council in the Council Chambers, Room 504, City Hall, 405 6th Street, Sioux City, Iowa, on May 6, 2013, at the council meeting commencing at 4:00 P.M., Local Time, or as soon thereaf-ter as the matter may be considered. At said hearing interested persons may appear and be heard for or against said proposal. CITY OF SIOUX CITY, IOWA BY: Lisa L. McCardle, City Clerk Publish in the Sioux City Journal April 20, 2013


CITY OF SIOUX CITY




SUBJECT:

Resolution inviting proposals for the sale of land in the Combined Central Sioux City –CBD Urban Renewal Area, announcing the intent to accept the proposal of Carisch, Inc., fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (The vacated north/south alley abutting 919 Gordon Drive)



Manager

RECOMMENDATION:


On the agenda for Monday is a resolution proposing to sell part of the vacated north/south alley abutting 919 Gordon Drive to Carisch Inc. This portion of right-of-way was vacated Feb-ruary 25, 2013 by Ordinance No. 2013-0174. Carisch Inc. owns the abutting property and would like to add the vacated right-of-way to their property. The item on Monday’s agenda schedules a public hearing for May 20, 2013 for the issuance of a City Deed.

FINANCIAL IMPACT:



ALTERNATIVES:




RESOLUTION INVITING PROPOSALS FOR THE SALE OF LAND IN THE COMBINED CENTRAL SIOUX CITY –CBD URBAN RENEWAL AREA, ANNOUNCING THE INTENT TO ACCEPT THE PROPOSAL OF CARISCH, INC., FIXING THE DATE FOR RECEIPT OF PROPOSALS, AND FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF. (THE VACATED NORTH/SOUTH ALLEY ABUTTING 919 GORDON DRIVE)

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, Carisch, Inc. has submitted to the City a proposal to purchase a portion of the project area described as follows:

That portion of the vacated north-south alley adjacent to Lots 2, 3, 4 and 5, all in Block 38, East Sioux City Addition to the City of Sioux City, Woodbury County, Iowa, described as follows:

Commencing at the southeast corner of said Lot 3; thence North 00°33'22" West along the east line of said Lot 3 for a distance of 10.52 feet to the north right-of-way line of Gordon Drive as acquired by Warranty Deed recorded on Roll 726, Image 8164 in the office of the Woodbury County Recorder and to the Point of Beginning; thence continuing North 00°33'22" West along the east line of said Lots 3 and 2 for a distance of 89.90 feet to the northeast corner of said Lot 2; thence North 89°19'23" East for a distance of 16.00 feet to the northwest corner of said Lot 5; thence South 00°33'22" East along the west line of said Lots 5 and 4 for a distance of 88.91 feet to said north right-of-way line; thence South 85°45'52" West for a distance of 16.03 feet to the Point of Beginning. Containing 1,430 sq. ft., subject to easements, if any, of record or apparent;

a copy of which proposal is attached hereto and on file in the office of the City Clerk; and WHEREAS, said property was vacated pursuant to Ordinance No. 2013-0174 passed and approved February 25, 2013; and WHEREAS, Section 403.8 of the Code of Iowa authorizes the City to invite proposals from and make available all pertinent information to all parties interested in obtaining property in an urban renewal area under such reasonable competitive bidding procedures as it shall prescribe; and WHEREAS, the City Council believes that it is in the public interest to sell said property and that proposals for the purchase be sought from parties who had not expressed their interest prior to this offering; and WHEREAS, the City wishes to announce its intent to accept the proposal of Carisch, Inc. in the absence of any more favorable offer in response to the invitation made herein; and WHEREAS, further information should be made available to any other interested parties; and WHEREAS, any additional proposals should be submitted to the Real Estate Office, Room 304, City Hall, 405 Sixth Street, Sioux City, Iowa, by 1:00 p.m., local time, May 20, 2013; and

WHEREAS, a Notice of Invitation for Proposals and of Intention to Accept Proposal, and of a Public Hearing, a copy of which is attached hereto and by this reference incorporated herein, should be approved as to form and content and its publication authorized and directed. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Public Notice attached hereto is hereby approved as to form and content and its publication is hereby authorized and directed. BE IT FURTHER RESOLVED that the City hereby announces and fixes a public hearing on said proposal on May 20, 2013, at the regularly scheduled council meeting and fixes the date of May 20, 2013 at 1:00 p.m., local time, as the last day upon which proposals can be received by the City. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Com Dev\Urban Renewal Sale 1 (Carisch, Inc).Doc


NOTICE is hereby given that there is now on file in the office of the City Clerk located at the Customer Service Center on First Floor of City Hall, 405 6th Street, Sioux City, Iowa, a resolution under and by virtue of which the City of Sioux City, Iowa, invites proposals for the purchase of certain land in the Combined Central Sioux City –CBD Urban Renewal Project Area; and under and by virtue of which the City has expressed an intent to accept the proposal as submitted by Carisch, Inc., a copy of which is on file in the office of the City Clerk. Said Invitation for Proposals and said proposal concerns the following described real property:

That portion of the vacated north-south alley adjacent to Lots 2, 3, 4 and 5, all in Block 38, East Sioux City Addition to the City of Sioux City, Woodbury County, Iowa, described as follows:

Commencing at the southeast corner of said Lot 3; thence North 00°33'22" West along the east line of said Lot 3 for a distance of 10.52 feet to the north right-of-way line of Gordon Drive as acquired by Warranty Deed recorded on Roll 726, Image 8164 in the office of the Woodbury County Recorder and to the Point of Beginning; thence continuing North 00°33'22" West along the east line of said Lots 3 and 2 for a distance of 89.90 feet to the northeast corner of said Lot 2; thence North 89°19'23" East for a distance of 16.00 feet to the northwest corner of said Lot 5; thence South 00°33'22" East along the west line of said Lots 5 and 4 for a distance of 88.91 feet to said north right-of-way line; thence South 85°45'52" West for a distance of 16.03 feet to the Point of Beginning. Containing 1,430 sq. ft., subject to easements, if any, of record or apparent.

Full information as to the form and content of bid documents, requirements to be met by bidders, and as to bidding procedures is available at the Real Estate Office, Room 304, City Hall, 405 Sixth Street, Sioux City, Iowa. Any person interested in purchasing said real estate should submit a completed proposal to the Real Estate Office, Room 304, City Hall, 405 Sixth Street, Sioux City, Iowa no later than 1:00 p.m., local time, on May 20, 2013. The right is reserved by the City to accept or reject any or all proposals, and to waive formalities in any procedures set forth herein. Documents to be completed may be obtained from the Real Estate Office without charge. A public hearing will be held concerning any qualified proposals received and concerning the acceptance of the proposal as submitted by Carisch, Inc. for the purchase of said property. Said public hearing will be at the regularly scheduled city council meeting in the Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, on May 20, 2013, at 4:00 p.m., local time, or as soon thereafter as the matter can be reached for hearing. Published by order of the City Council of Sioux City, Iowa. CITY OF SIOUX CITY, IOWA /s/ LISA L. MCCARDLE CITY CLERK Published in the Sioux City Journal April 20, 2013


CITY OF SIOUX CITY




SUBJECT:

Resolution inviting proposals for the sale of land in the Combined Central Sioux City –CBD Urban Renewal Area, announcing the intent to accept the proposal of James Mark Rocklin, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (The vacated north/south alley abutting 110 Jennings Street)



Manager

RECOMMENDATION:


On the agenda for Monday is a resolution proposing to sell part of the vacated north/south alley abutting 110 Jennings Street to James Mark Rocklin, owner of Rocklin Manufacturing. This portion of right-of-way was vacated February 25, 2013 by Ordinance No. 2013-0174. Mr. Rocklin owns the abutting property and would like to add the vacated right-of-way to his prop-erty. The item on Monday’s agenda schedules a public hearing for May 20, 2013 for the issuance of a City Deed.

FINANCIAL IMPACT:



ALTERNATIVES:




RESOLUTION INVITING PROPOSALS FOR THE SALE OF LAND IN THE COMBINED CENTRAL SIOUX CITY –CBD URBAN RENEWAL AREA, ANNOUNCING THE INTENT TO ACCEPT THE PROPOSAL OF JAMES MARK ROCKLIN, FIXING THE DATE FOR RECEIPT OF PROPOSALS, AND FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF. (THE VACATED NORTH/SOUTH ALLEY ABUTTING 110 JENNINGS 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, James Mark Rocklin has submitted to the City a proposal to purchase a portion of the project area described as follows:

That portion of the vacated north/south alley abutting Lots 1 and 6, Block 38, East Sioux City Addition and Lots 1 through 8, Block 6, Middle Sioux City, Woodbury County, Iowa;

a copy of which proposal is attached hereto and on file in the office of the City Clerk; and WHEREAS, said property was vacated pursuant to Ordinance No. 2013-0174 passed and approved February 25, 2013; and WHEREAS, Section 403.8 of the Code of Iowa authorizes the City to invite proposals from and make available all pertinent information to all parties interested in obtaining property in an urban renewal area under such reasonable competitive bidding procedures as it shall prescribe; and WHEREAS, the City Council believes that it is in the public interest to sell said property and that proposals for the purchase be sought from parties who had not expressed their interest prior to this offering; and WHEREAS, the City wishes to announce its intent to accept the proposal of James Mark Rocklin in the absence of any more favorable offer in response to the invitation made herein; and WHEREAS, further information should be made available to any other interested parties; and WHEREAS, any additional proposals should be submitted to the Real Estate Office, Room 304, City Hall, 405 Sixth Street, Sioux City, Iowa, by 1:00 p.m., local time, May 20, 2013; and WHEREAS, a Notice of Invitation for Proposals and of Intention to Accept Proposal, and of a Public Hearing, a copy of which is attached hereto and by this reference incorporated herein, should be approved as to form and content and its publication authorized and directed. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Public Notice attached hereto is hereby approved as to form and content and its publication is hereby authorized and directed.

BE IT FURTHER RESOLVED that the City hereby announces and fixes a public hearing on said proposal on May 20, 2013, at the regularly scheduled council meeting and fixes the date of May 20, 2013 at 1:00 p.m., local time, as the last day upon which proposals can be received by the City. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Com Dev\Urban Renewal Sale 1 (Rocklin).Doc


NOTICE is hereby given that there is now on file in the office of the City Clerk located at the Customer Service Center on First Floor of City Hall, 405 6th Street, Sioux City, Iowa, a resolution under and by virtue of which the City of Sioux City, Iowa, invites proposals for the purchase of certain land in the Combined Central Sioux City –CBD Urban Renewal Project Area; and under and by virtue of which the City has expressed an intent to accept the proposal as submitted by James Mark Rocklin, a copy of which is on file in the office of the City Clerk. Said Invitation for Proposals and said proposal concerns the following described real property:

That portion of the vacated north/south alley abutting Lots 1 and 6, Block 38, East Sioux City Addition and Lots 1 through 8, Block 6, Middle Sioux City, Woodbury County, Iowa

Full information as to the form and content of bid documents, requirements to be met by bidders, and as to bidding procedures is available at the Real Estate Office, Room 304, City Hall, 405 Sixth Street, Sioux City, Iowa. Any person interested in purchasing said real estate should submit a completed proposal to the Real Estate Office, Room 304, City Hall, 405 Sixth Street, Sioux City, Iowa no later than 1:00 p.m., local time, on May 20, 2013. The right is reserved by the City to accept or reject any or all proposals, and to waive formalities in any procedures set forth herein. Documents to be completed may be obtained from the Real Estate Office without charge. A public hearing will be held concerning any qualified proposals received and concerning the acceptance of the proposal as submitted by James Mark Rocklin for the purchase of said property. Said public hearing will be at the regularly scheduled city council meeting in the Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, on May 20, 2013, at 4:00 p.m., local time, or as soon thereafter as the matter can be reached for hearing. Published by order of the City Council of Sioux City, Iowa. CITY OF SIOUX CITY, IOWA /s/ LISA L. MCCARDLE CITY CLERK Published in the Sioux City Journal April 20, 2013


CITY OF SIOUX CITY


MEETING DATE: April 15, 2013 ACTION ITEM # 10 E-G

FROM: Nicole Jensen-Harris, City Attorney Marty Dougherty, Economic Development Director Robert Padmore, Assistant City Manager and Finance Director

SUBJECT: Resolution setting dates of a consultation and a public hearing on pro-

posed Amendment No. 5 to the Combined Floyd River Urban Renewal Plan for the Combined Floyd River Urban Renewal Area of the City of Sioux City, Iowa. (I-29 Yards Business Park, Lafayette Street South, Yards Streetscaping Project) Resolution setting dates of a consultation and a public hearing on pro-posed Amendment No. 11 to the Donner Park Urban Renewal Plan for the Donner Park Urban Renewal Area of the City of Sioux City, Iowa. (South-bridge Rail Project, Expedition Business Park Storm Water Project, Bridge-port Infrastructure and New Development, 225th Street Paving Project) Resolution setting dates of a consultation and a public hearing on pro-posed Amendment No. 6 to the Combined Central Sioux City -CBD Urban Renewal Plan for the Combined Central Sioux City -CBD Urban Renewal Area of the City of Sioux City, Iowa. (Chris Larsen Park Improvements, Downtown Development Land Based Casino Project, Historic Pearl Dis-trict Project, and Museum Building Refurbishment Project)



Manager

RECOMMENDATION:

The City Council is respectfully requested to approve the proposed resolutions setting dates for consultation meetings and public hearings on the proposed amendments to the following Urban Renewal Plans:

- Amendment No. 5 to the Combined Floyd River Urban Renewal Plan for the Com-bined Floyd River Urban Renewal Area;

- Amendment No. 11 to the Donner Park Urban Renewal Plan for the Donner Park Ur-ban Renewal Area; and

- Amendment No. 6 to the Combined Central Sioux City –CBD Urban Renewal Plan for the Combined Central Sioux City –CBD Urban Renewal Area.

DISCUSSION:

Recent changes to Iowa Urban Renewal law now requires the City to amend its urban renew-al plans to cover all approved Capital Improvement Program items which shall use Tax Incre-ment Financing abated bond debt each year prior to initiating the bonding process for the City’s General Obligation Bond Issue. The proposed plan amendments include the following

items and associated costs as set out in the Capital Improvement Program FY2014: Floyd River Urban Renewal Plan - The proposed amount of Capital Improvement Program indebtedness to be incurred and the estimated cost of the proposed infrastructure and im-provements will be approximately as follows: I-29 Yards Business Park Improvements - $226,000.00 Lafayette Street South Development - $217,000.00 Yards Streetscaping Project - $100,000.00 Donner Park Urban Renewal Plan - The proposed amount of Capital Improvement Program indebtedness to be incurred and the estimated cost of the infrastructure improvements, im-provement projects and land acquisition will be approximately as follows: - Southbridge Rail Project $700,000.00 - Expedition Business Park Storm Water Project $100,000.00 - Bridgeport Infrastructure and New Development

(Pursuant to Resolution 2012-000842 a previous Urban Renewal Plan Amendment approved up to $2,992,800.00 for this Project located in Bridgeport West Industrial Park. The total amount shall be increased by $97,200 for a total amount of $3,090,000.00) $97,200.00

- 225th Street Paving Project (Southbridge) $361,087.00 Combined Central CBD Urban Renewal Plan - The proposed amount of Capital Improve-ment Program indebtedness to be incurred and the estimated cost of the public improve-ments, infrastructure improvements, improvement projects, utility relocation, economic devel-opment grants, and land acquisition will be approximately as follows: Chris Larsen Park Improvements $55,000.00 Downtown Development - Land Based Casino Project $25,000,000.00* Historic Pearl District Improvements $250,000.00 Museum Building Refurbishment Project $450,000.00 *Please note that the Downtown Development Item has been included proactively to coincide with the City’s bonding process and schedule. The amendment is written to encompass whichever Casino Operator may be selected and chosen by the Iowa Racing and Gaming Commission on April 18, 2013 to proceed forward with the development of a land based casi-no facility within Sioux City. Upon the selection of an operator by the IRGC, City Staff will pre-sent a negotiated development agreement to the Council for consideration at a later date. Schedule for Consultation Meetings and Public Hearings - If the proposed resolutions on today’s agenda are passed by the Council, consultation meetings will be set for April 23, 2013 for comment by affected taxing agencies. The hearings on the proposed plan amendments will be scheduled for the May 13, 2013 study session in order to accommodate the bonding schedule.

FINANCIAL IMPACT:

These amendments are necessary to allow the City to proceed forward with the City’s General Obligation Bond Issuance.


The amendments to the City’s Urban Renewal Plans shows the City’s effort to maintain sound fiscal policy in dealing with the City’s financial health. Relates to Progressive Leadership Vi-sion, PL-4 Formalize policies which result in sound financial practices.

ALTERNATIVES:

Postpone the City’s General Obligation Bond Issuance. ATTACHMENTS:

Resolutions Proposed Amendment No. 5 to the Combined Floyd River Urban Renewal Plan for the Com-bined Floyd River Urban Renewal Area; Proposed Amendment No. 11 to the Donner Park Urban Renewal Plan for the Donner Park Urban Renewal Area; and Proposed Amendment No. 6 to the Combined Central Sioux City –CBD Urban Renewal Plan for the Combined Central Sioux City –CBD Urban Renewal Area.

RESOLUTION NO. 2013 - ____________

RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON PROPOSED AMENDMENT NO. 5 TO THE COMBINED FLOYD RIVER URBAN RENEWAL PLAN FOR THE COMBINED FLOYD RIVER UR-BAN RENEWAL AREA OF THE CITY OF SIOUX CITY, IOWA (I-29 YARDS BUSINESS PARK, LAFAYETTE STREET SOUTH, YARDS STREETSCAPING PROJECT)

WHEREAS, the City Council previously has found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and has approved and adopted the Combined Floyd River Urban Renewal Plan on October 13, 1986, pursuant to Resolution No. 86/T-4985 and subsequent amendments to the same on April, 11, 1988, pursuant to Resolution No. 88/T-6349; October 6, 1997, pursuant to Resolution No. 97/U-5919; July 7, 2003, pursuant to Resolution No. 2003-0598; February 6, 2012, pursuant to Resolution 2012-0088 and October 22, 2012 pursuant to Resolution No. 2012-0744 (together, the "Amended Plan") for the amended Combined Floyd River Urban Renewal Project Area de-scribed therein (the "Project Area"), which Amended Plan is on file in the office of the Recorder of Woodbury County; and WHEREAS, City staff has caused there to be prepared a form of Amendment No. 5 to the Amended Plan, a copy of which has been placed on file for public inspection in the office of the City Clerk and which is incorporated herein by reference, the purpose of which is to further up-date certain provisions of the Amended Plan to conform to current City objectives and planning initiatives for the Project Area, and to include additional properties within the Project Area, as hereinafter described; and WHEREAS, it is desirable that these areas be redeveloped and improved as part of the overall redevelopment area covered by said Amended Plan; and WHEREAS, the Iowa Code requires the City Council to notify all affected taxing entities of the consideration being given to the proposed Amendment No. 5 to the Amended Plan and to hold a consultation with such taxing entities with respect thereto, and further provides that the desig-nated representative of each affected taxing entity may attend the consultation and make written recommendations for modifications to the proposed division of revenue included as a part thereof, to which the City shall submit written responses as provided in Section 403.5, as amended; and WHEREAS, the Iowa Code further require the City Council to hold a public hearing on the pro-posed Amendment No. 5 to the Amended Plan subsequent to notice thereof by publication in a newspaper having a general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project un-der consideration, with a copy of said notice also being mailed to each Combined Floyd River Urban Renewal Plan affected taxing entity. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:

Section 1. That the consultation on the proposed Amendment No. 5 to the Amended Plan re-quired by Section 403.5(2) of the Code of Iowa, as amended, shall be held on April 23, 2013, in Room 306, City Hall, 405 Sixth Street, Sioux City, Iowa at 3:30 P.M., and the City Manager or his designee is hereby appointed to serve as the designated representative of the City for pur-poses of conducting said consultation, receiving any recommendations that may be made with respect thereto and responding to the same in accordance with Section 403.5(2). Section 2. That the City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1), along with a copy of the proposed Amendment No. 5 to the Amended Plan, said notice to be in sub-stantially the following form:

NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF SIOUX CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED AMENDMENT NO. 5 TO THE COMBINED FLOYD RIVER URBAN RENEWAL PLAN FOR THE COMBINED FLOYD RIVER URBAN RENEWAL AREA OF THE CITY OF SIOUX CITY, IOWA (I-29 YARDS BUSINESS PARK, LAFAYETTE STREET SOUTH, YARDS STREETSCAPING PROJECT)

The City of Sioux City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1) of the Code of Iowa, as amended, commencing at 3:30 P.M., April 23, 2013 in Room 306, City Hall, 405 Sixth Street, Sioux City, Iowa concerning a proposed Amendment No. 5 to the Combined Floyd River Urban Renewal Plan for the Combined Floyd River Urban Renewal Area, a copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consul-tation may include a discussion of the estimated growth in valuation of taxable property included in the Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the Urban Renewal Area, and the duration of any bond issuance included in said Amended Plan. The designated representative of any affected taxing entity may make written recommendations for modifications to the proposed division of revenue no later than seven days following the date of the consultation. The City Manager (or his designee) as the designated representative of the City of Sioux City, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Amendment No. 5 to the Amended Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given by order of the City Council of the City of Sioux City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this 15th day of April, 2013

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

(END OF NOTICE)

Section 3. That a public hearing shall be held on the proposed Amendment No. 5 to the Amended Plan before the City Council at its meeting which commences at 4:00 P.M., May 13, 2013, in the Council Chambers, City Hall, Sioux City, Iowa. Section 4. That the City Clerk is authorized and directed to publish notice of this public hearing in the Sioux City Journal, once on a date not less than four (4) nor more than twenty (20) days before the date of said public hearing, and to mail a copy of said notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following form:

NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF THE PRO-POSED AMENDMENT NO. 5 TO THE COMBINED FLOYD RIVER URBAN RE-NEWAL PLAN FOR THE COMBINED FLOYD RIVER URBAN RENEWAL AREA OF THE CITY OF SIOUX CITY, IOWA (I-29 YARDS BUSINESS PARK, LAFA-YETTE STREET SOUTH, YARDS STREETSCAPING PROJECT)

The City Council of the City of Sioux City, Iowa, will hold a public hearing before itself at its meeting which commences at 4:00 P.M. on May 13, 2013 in the Council Chambers, City Hall, Sioux City, Iowa to consider adoption of the proposed Amendment No. 5 to the Combined Floyd River Urban Renewal Plan (the "Amended Plan") for the existing Combined Floyd River Urban Renewal Area ("Project Area"). A copy of Amendment No. 5 to the Amended Plan is on file for public inspection in the office of the City Clerk, City Hall, Sioux City, Iowa. The purpose of the Amendment No. 5 to the Amended Plan is to further update certain provi-sions of the Amended Plan to conform to recent changes in state law, current City objectives, planning initiatives and program activities for the Project Area. The general scope of the urban renewal activities which may be under consideration in the Amended Plan is to pursue public improvement projects, convey land and enter into develop-ment agreements for new development and the redevelopment of existing commercial buildings and land for commercial, residential and mixed use purposes in order to encourage investment and strengthen the area economy. This activity may involve grants, rebates, loans, improve-ment projects or other incentives funded by tax increment financing. Specifically, the amend-ment addresses proposed urban renewal projects for the following Capital Improvement Pro-gram budgeted items for Fiscal Year 2014: I-29 Yards Business Park Improvements, Lafayette Street South Development, and Yards Streetscaping Project. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This Notice is given by order of the City Council of Sioux City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this 15th day of April, 2013.

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

Publish in the Sioux City Journal May 4, 2013.

(END OF NOTICE)

Section 5. That the proposed Amendment No. 5 to the Amended Plan, now before this Council, for the Combined Floyd River Urban Renewal Area described therein is hereby officially de-clared to be the proposed Amendment No. 5 to the Amended Plan referred to in said notices for purposes of such consultation and hearing and that a copy of said Amendment No. 5 to the Amended Plan shall be placed on file in the office of the City Clerk. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Econ Dev\Combined Floyd River Urban Renewal Plan Amendment #5.Doc

CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF WOODBURY ) I, the undersigned City Clerk of Sioux City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceed-ings of the Council, and the same is a true and complete copy of the action taken by said Coun-cil with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and me-dia at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city of-fices as indicated therein, that no Council vacancy existed except as may be stated in said pro-ceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 15th day of April, 2013. ______________________________________ Lisa L. McCardle, City Clerk, Sioux City, Iowa SEAL

AMENDMENT NO. 5

TO THE COMBINED FLOYD RIVER URBAN RENEWAL PLAN

FOR THE

COMBINED FLOYD RIVER URBAN RENEWAL AREA

CITY OF SIOUX CITY, IOWA

AMENDMENT NO. 5

COMBINED FLOYD RIVER URBAN RENEWAL PLAN CITY OF SIOUX CITY, IOWA

The Combined Floyd River Urban Renewal Plan ("Plan") for the Combined Floyd River Urban Renewal Area ("Area" or "Urban Renewal Area"), adopted in 1986, and amended as set out in Exhibit A is being further amended to add and/or confirm a proposed project to be undertaken within the Urban Renewal Area ("Amendment"). No land is being added to the Area by this Amendment. Except as modified by this Amendment, the provisions of the original Combined Floyd River Ur-ban Renewal Plan, as previously amended, are hereby ratified, confirmed, and approved and shall remain in full force and effect as provided herein. In case of any conflict or uncertainty, the terms of this Amendment shall control.

PROPOSED URBAN RENEWAL PROJECTS The following new subsection (b) to Section G (1) Public Improvements is added as follows: G. PROPOSED URBAN RENEWAL PROJECTS

1. Public Improvements

b. The City has designated the following improvement projects through its Capi-

tal Improvement Program Budget and subsequent amendments for Fiscal Year 2014: I-29 Yards Business Park Improvements, Lafayette Street South Development, and Yards Streetscaping Project.

DEBT

1. Legal Debt Limit: $192,613,415.00

2. Debt Chargeable Against Debt Limit: $94,016,196.00 3. Proposed amount of Capital Improvement Program

indebtedness to be incurred - It is estimated that the cost of the proposed infrastructure and improve-ments as described above will be approximately as follows: I-29 Yards Business Park Improvements Lafayette Street South Development Yards Streetscaping Project

$226,000.00 $217,000.00 $100,000.00

PROPERTY ACQUISITION/DISPOSITION

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

URBAN RENEWAL PLAN AMENDMENTS

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

EFFECTIVE DATE This Urban Renewal Plan Amendment No. 5 will become effective upon its adoption by the City Council. Notwithstanding anything to the contrary in the Urban Renewal Plan, any prior amendment, resolution or document, the Urban Renewal Plan shall remain in effect until termi-nated by the City Council, and the use of incremental property tax revenues, or the "division of revenue," as those words are used in Chapter 403 of the Code of Iowa, will be consistent with Chapter 403 of the Iowa Code.

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

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

EXHIBIT A

COMBINED FLOYD RIVER URBAN RENEWAL PLAN HISTORY By virtue of Resolution No. 86/T-4985 passed and approved on the 13th day of October, 1986, the City Council of the City of Sioux City, approved and adopted the Floyd Valley Urban Re-newal Project Area. By virtue of Resolution No. 88/T-6349 passed and approved on the 11th day of April, 1988, the City Council of the City of Sioux City, Iowa, approved modifications to the Floyd Valley Urban Renewal Project Area. By virtue of Resolution No. 97/U-5919 passed and approved on the 6th day of October, 1997, the City Council of the City of Sioux City, Iowa approved and adopted 5th Amendment to Floyd Valley Urban Renewal Project Area. By virtue of Resolution No. 2003-0598, passed and approved on the 7th day of July, 2003, the City Council of the City of Sioux City, Iowa, approved and adopted the creation of the Hoeven Valley Urban Renewal Sub-Area, the consolidation with the Floyd Valley Urban Renewal Sub-Area, the creation of the Combined Floyd River Urban Renewal Area; and approving and adopt-ing the Combined Floyd River Urban Renewal Area. By virtue of Resolution 2012-0088, passed and approved on the 6th day of February, 2012, the City Council of the City of Sioux City, Iowa, approved and adopted the Outer Drive Amendment to the Combined Floyd River Urban Renewal Area. By virtue of Resolution 2012-0744, passed and approved on the 22nd day of October, 2012, the City Council of the City of Sioux City, Iowa, approved and adopted Amendment No. 4 to the Combined Floyd River Urban Renewal Area.

RESOLUTION NO. 2013 - ____________

RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON PROPOSED AMENDMENT NO. 11 TO THE DONNER PARK URBAN RENEWAL PLAN FOR THE DONNER PARK URBAN RENEWAL AREA OF THE CITY OF SIOUX CITY, IOWA (SOUTHBRIDGE RAIL PROJECT, EX-PEDITION BUSINESS PARK STORM WATER PROJECT, BRIDGEPORT IN-FRASTRUCTURE AND NEW DEVELOPMENT, 225TH STREET PAVING PRO-JECT)

WHEREAS, the City Council previously has found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and has approved and adopted the Donner Park Urban Renewal Plan on December 7, 1987, pursuant to Resolution No. 87/T-6002 and subsequent amendments to the same on September 12, 1988, pursuant to Resolution No. 88/T-6760; June 10, 1991, pursuant to No. 91/T-9955; Oc-tober 12, 1992, pursuant to Resolution No. 92/U-549; December 20, 1993, pursuant to Resolu-tion No. 93/U-1656; December 19, 1994, pursuant to Resolution No. 94/U-2783; March 24, 1997, pursuant to Resolution No. 97/U-5267; August 24, 2009, pursuant to Resolution No. 2009-0679; September 13, 2010, pursuant to Resolution No. 2010-0670 and December 10, 2012, pursuant to Resolution No. 2012-0842 (together, the "Amended Plan") for the amended Donner Park Urban Renewal Project Area described therein (the "Project Area"), which Amend-ed Plan is on file in the office of the Recorder of Woodbury County; and WHEREAS, City staff has caused there to be prepared a form of Amendment No. 11 to the Amended Plan, a copy of which has been placed on file for public inspection in the office of the City Clerk and which is incorporated herein by reference, the purpose of which is to further up-date certain provisions of the Amended Plan to conform to current City objectives and planning initiatives for the Project Area, and to include additional properties within the Project Area, as hereinafter described; and WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said Amended Plan; and WHEREAS, the Iowa Code requires the City Council to notify all affected taxing entities of the consideration being given to the proposed Amendment No. 11 to the Amended Plan and to hold a consultation with such taxing entities with respect thereto, and further provides that the desig-nated representative of each affected taxing entity may attend the consultation and make written recommendations for modifications to the proposed division of revenue included as a part thereof, to which the City shall submit written responses as provided in Section 403.5, as amended; and WHEREAS, the Iowa Code further require the City Council to hold a public hearing on the pro-posed Amendment No. 11 to the Amended Plan subsequent to notice thereof by publication in a newspaper having a general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project un-der consideration, with a copy of said notice also being mailed to each Donner Park Urban Re-newal Plan affected taxing entity. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:

Section 1. That the consultation on the proposed Amendment No. 11 to the Amended Plan re-quired by Section 403.5(2) of the Code of Iowa, as amended, shall be held on April 23, 2013, in Room 306, City Hall, 405 Sixth Street, Sioux City, Iowa at 3:30 P.M., and the City Manager or his designee is hereby appointed to serve as the designated representative of the City for pur-poses of conducting said consultation, receiving any recommendations that may be made with respect thereto and responding to the same in accordance with Section 403.5(2). Section 2. That the City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1), along with a copy of the proposed Amendment No. 11 to the Amended Plan, said notice to be in sub-stantially the following form:

NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF SIOUX CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED AMENDMENT NO. 11 TO THE DONNER PARK URBAN RENEW-AL PLAN FOR THE DONNER PARK URBAN RENEWAL AREA OF THE CITY OF SIOUX CITY, IOWA (SOUTHBRIDGE RAIL PROJECT, EXPEDITION BUSI-NESS PARK STORM WATER PROJECT, BRIDGEPORT INFRASTRUCTURE AND NEW DEVELOPMENT, 225TH STREET PAVING PROJECT)

The City of Sioux City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1) of the Code of Iowa, as amended, commencing at 3:30 P.M., April 23, 2013 in Room 306, City Hall, 405 Sixth Street, Sioux City, Iowa concerning a proposed Amendment No. 11 to the Donner Park Urban Renewal Plan for the Donner Park Urban Renewal Area, a copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consul-tation may include a discussion of the estimated growth in valuation of taxable property included in the Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the Urban Renewal Area, and the duration of any bond issuance included in said Amended Plan. The designated representative of any affected taxing entity may make written recommendations for modifications to the proposed division of revenue no later than seven days following the date of the consultation. The City Manager (or his designee) as the designated representative of the City of Sioux City, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Amendment No. 11 to the Amended Plan, addressing any recommendations made by that entity for modification to the proposed di-vision of revenue. This notice is given by order of the City Council of the City of Sioux City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this 15th day of April, 2013


(END OF NOTICE)

NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF THE PRO-POSED AMENDMENT NO. 11 TO THE DONNER PARK URBAN RENEWAL PLAN FOR THE DONNER PARK URBAN RENEWAL AREA OF THE CITY OF SIOUX CITY, IOWA (SOUTHBRIDGE RAIL PROJECT, EXPEDITION BUSI-NESS PARK STORM WATER PROJECT, BRIDGEPORT INFRASTRUCTURE AND NEW DEVELOPMENT, 225TH STREET PAVING PROJECT)

The City Council of the City of Sioux City, Iowa, will hold a public hearing before itself at its meeting which commences at 4:00 P.M. on May 13, 2013 in the Council Chambers, City Hall, Sioux City, Iowa to consider adoption of the proposed Amendment No. 11 to the Donner Park Urban Renewal Plan (the "Amended Plan") for the existing Donner Park Urban Renewal Area ("Project Area"). A copy of Amendment No. 11 to the Amended Plan is on file for public inspection in the office of the City Clerk, City Hall, Sioux City, Iowa. The purpose of the Amendment No. 11 to the Amended Plan is to further update certain provi-sions of the Amended Plan to conform to current City objectives, planning initiatives and pro-gram activities for the Project Area. The general scope of the urban renewal activities which may be under consideration in the Amended Plan is to pursue public improvement projects, convey land and enter into develop-ment agreements for new development and the redevelopment of existing commercial buildings and land for commercial, residential and mixed use purposes in order to encourage investment and strengthen the area economy. This activity may involve grants, rebates, loans, improve-ment projects or other incentives funded by tax increment financing. Specifically, the amend-ment addresses proposed urban renewal projects for the following Capital Improvement Pro-gram budgeted items and subsequent amendments for Fiscal Year 2014: Southbridge Rail Pro-ject, Expedition Business Park Storm Water Project, Bridgeport Infrastructure and New Devel-opment, and 225th Street Paving Project (Southbridge). Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This Notice is given by order of the City Council of Sioux City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this 15th day of April, 2013. Lisa L. McCardle, City Clerk, Sioux City, Iowa Publish in the Sioux City Journal May 4, 2013.

(END OF NOTICE)

Section 5. That the proposed Amendment No. 11 to the Amended Plan, now before this Coun-cil, for the Donner Park Urban Renewal Area described therein is hereby officially declared to be the proposed Amendment No. 11 to the Amended Plan referred to in said notices for purposes of such consultation and hearing and that a copy of said Amendment No. 11 to the Amended Plan shall be placed on file in the office of the City Clerk. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Econ Dev\Donner Park Urban Renewal Plan Amendment #11.Doc

CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF WOODBURY ) I, the undersigned City Clerk of Sioux City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceed-ings of the Council, and the same is a true and complete copy of the action taken by said Coun-cil with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and me-dia at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city of-fices as indicated therein, that no Council vacancy existed except as may be stated in said pro-ceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 15th day of April, 2013. ______________________________________ Lisa L. McCardle, City Clerk, Sioux City, Iowa SEAL

AMENDMENT NO. 11

TO THE DONNER PARK

URBAN RENEWAL PLAN

FOR THE DONNER PARK

URBAN RENEWAL AREA


AMENDMENT NO. 11

THE DONNER PARK URBAN RENEWAL PLAN CITY OF SIOUX CITY, IOWA

The Donner Park Urban Renewal Plan ("Plan") for the Donner Park Urban Renewal Area ("Ar-ea" or "Urban Renewal Area"), adopted in 1987, and amended as set out in Exhibit A is being further amended to add and/or confirm a proposed project to be undertaken within the Urban Renewal Area ("Amendment"). No land is being added to the Area by this Amendment. Except as modified by this Amendment, the provisions of the original Donner Park Urban Re-newal Plan, as previously amended, are hereby ratified, confirmed, and approved and shall re-main in full force and effect as provided herein. In case of any conflict or uncertainty, the terms of this Amendment shall control.

PROPOSED URBAN RENEWAL PROJECTS The following new section 2. Public Improvements subsection (a) is added to Section E. Pro-posed Urban Renewal Projects:

E. PROPOSED URBAN RENEWAL PROJECTS

2. Public Improvements:

(a) The City has designated the following improvement projects through its Capital Im-provement Program Budget and subsequent amendments for Fiscal Year 2014: Southbridge Rail Project, Expedition Business Park Storm Water Project, Bridgeport Infrastructure and New Development, and 225th Street Paving Project (Southbridge).

DEBT

1. Legal Debt Limit: $192,613,415.00

2. Debt Chargable Against Debt Limit: $94,016,196.00

3. Proposed amount of indebtedness to be incurred: It is estimated that the cost of the proposed infrastruc-ture improvements, improvement projects and land acquisition as described above will be approximately as follows: - Southbridge Rail Project - Expedition Business Park Storm Water Project - Bridgeport Infrastructure and New Development

(Pursuant to Resolution 2012-0842 a previous Urban Renewal Plan Amendment approved up to $2,992,800.00 for this Project located in Bridgeport West Industrial Park. The total amount shall be increased by $97,200 for a total amount of $3,090,000.00)

- 225th Street Paving Project (Southbridge)

$700,000.00 $100,000.00

$97,200.00 $361,087.00



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




EXHIBIT A

DONNER PARK URBAN RENEWAL PLAN HISTORY

AMENDED DONNER PARK URBAN RENEWAL PROJECT AREA By virtue of Resolution No. 87/T-6002 passed and approved December 7, 1987, the City Coun-cil of the City of Sioux City, Iowa, adopted an Urban Renewal Plan for an urban renewal area known as the Donner Park Urban Renewal Project Area By virtue of Resolution No. 88/T-6760 passed and approved September 12, 1988, the City Council of the City of Sioux City, Iowa, adopted an amendment to the Urban Renewal Plan for the Donner Park Urban Renewal Project Area By virtue of Resolution No. 91/T-9955 passed and approved June 10, 1991, the City Council of the City of Sioux City, Iowa, adopted Amendment No. 2 to the Urban Renewal Plan for the Don-ner Park Urban Renewal Project Area, which amendments, among other things, (i) designated a new West Donner Park Urban Renewal Project Sub-Area of the Donner Park Urban Renewal Project Area, (ii) established a new West Donner Park Urban Renewal Plan therefore and (iii) amended the Donner Park Urban Renewal Plan and Project Area to provide that the West Don-ner Park Urban Renewal Plan and Project Area is joined together with the Donner Park Urban Renewal Plan and Project Area in a common urban renewal plan which is an amendment to and continuation of each, with the West Donner Park Urban Renewal Project Area and the Donner Park Urban Renewal Project Area each being thereafter designated as a new sub-area of the Amended Donner Park Urban Renewal Plan and Project Area By virtue of Resolution No. 92/U-549 passed and approved October 12, 1992, the City Council of the City of Sioux City, Iowa, adopted Amendment No. 3 to the Urban Renewal Plan for the Amended Donner Park Urban Renewal Project Area, which amendments, among other things, (i) increased the area of the Amended Donner Park Urban Renewal Project Area by adding two tracts of land to the Donner Park Urban Renewal Project Sub-Area and (ii) added additional provisions to said Urban Renewal Plan intended to promote the development of additional rec-reational facilities in the Donner Park Urban Renewal Project Sub-Area, including construction of a new baseball stadium along with related improvements, with one such tract of land being added to the Donner Park Urban Renewal Project Sub-Area being located generally East of South Lakeport Street and South of Lorraine Avenue referred to as the "Donner Park Urban Renewal Project Sub-Area No. 1" and the second such tract being located generally on both sides of Donner Avenue from East of Highway 75 West to York Street referred to as the "Don-ner Park Urban Renewal Plan Sub-Area No. 2" By virtue of Resolution No. 93/U-1656 passed and approved December 20, 1993, the City Council of the City of Sioux City, Iowa, adopted Amendment No. 4 to the Urban Renewal Plan for the Amended Donner Park Urban Renewal Project Area, which amendments, among other things, (i) increased the area of the Amended Donner Park Urban Renewal Project Area by add-ing a tract of land, including the Bridgeport Industrial Park, between Interstate Highway I-29 and the Missouri River and north of the Sioux Gateway Airport referred to as the "Donner Park Ur-ban Renewal Project Sub-Area No. 3" and (ii) added additional provisions to said Urban Re-newal Plan intended to promote and provide for the orderly expansion of public improvements in the Amended Donner Park Urban Renewal Project Area

By virtue of Resolution No. 94/U-2783 passed and approved December 19, 1994, the City Council of the City of Sioux City, Iowa, adopted Amendment No. 5 to the Urban Renewal Plan for the Amended Donner Park Urban Renewal Project Area, which amendment, among other things, increased the area of the Amended Donner Park Urban Renewal Project Area by adding three (3) tracts of land recently annexed into the City of Sioux City referred to as the "Donner Park Urban Renewal Project Sub-Area Nos. 4, 5 and 6". By virtue of Resolution No. 97/U-5267 passed and approved March 24, 1997, the City Council of the City of Sioux City, Iowa, adopted Amendment No. 6 to the Urban Renewal Plan for the Amended Donner Park Urban Renewal Project Area, which amendment, among other things, (i) increased the area of the Amended Donner Park Urban Renewal Project Area by adding two tracts of land referred to as the "Sioux Gateway Urban Renewal Project Sub-Area" and the "Donner Park Urban Renewal Project Sub-Area No. 7" and (ii) added additional provisions to said Urban Renewal Plan intended to provide for the use of urban renewal powers to enhance and improve educational opportunities for the residents of the Amended Donner Park Urban Renewal Project Area By virtue of Resolution No. 2009-0679 passed and approved August 24, 2009, the City Council of the City of Sioux, Iowa, adopted Amendment No. 8 to the Urban Renewal Plan for the Amended Donner Park Urban Renewal Project Area, which amendment, among other things, (i) increased the area of the Amended Donner Park Urban Renewal Project Area by adding two tracts of land referred to herein as the “Southbridge Urban Renewal Project Sub-Area” and the “Four Seasons Urban Renewal Project Sub-Area”, (ii) further increased the area of the Amend-ed Donner Park Urban Renewal Project Area by adding back into the Project Area the area known as the West Donner Park Urban Renewal Project Sub-Area, which ceased being part of the Project Area in June 2006, and (iii) conformed and revised, as necessary, certain provisions of the Urban Renewal Plan to reflect current objectives and expectations for the Amended Don-ner Park Urban Renewal Project Area By virtue of Resolution No. 2010-0670 passed and approved September 13, 2010, the City Council of the City of Sioux City, Iowa, adopted Amendment No. 9 to the Urban Renewal Plan for the Amended Donner Park Urban Renewal Project Area, which amendment, among other things (i) is intended to increase the area of the existing Urban Renewal Area by adding several tracts of land adjacent to the southern and eastern borders of the Urban Renewal Area, (ii) con-forms and revises, as necessary, certain provisions of the Plan to reflect current City objectives and expectations for the Project Area and (iii) intends to continue to promote the development of additional commercial and industrial, as well as residential, sites in the Project Area through the expansion of the infrastructure systems and public facilities in the Project Area. By virtue of Resolution No. 2012-0842 passed and approved December 10, 2012, the City Council of the City of Sioux City, Iowa adopted Amendment No. 10 to the Urban Renewal Plan for the Amended Donner Park Urban Renewal Project Area, which amendment, among other things (i) further update certain provisions of the Amended Plan to conform to current City objec-tives and planning initiatives for the Project Area and (ii) included additional properties within the Project Area more particularly described as Wadzinski Eye Clinic/SW Properties, LLC located at 5800 block of Sunnybrook Drive and Bridgeport West located at 2201 Boulevard of Champions.

RESOLUTION NO. 2013 - ____________

RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON PROPOSED AMENDMENT NO. 6 TO THE COMBINED CEN-TRAL SIOUX CITY –CBD URBAN RENEWAL PLAN FOR THE COMBINED CENTRAL SIOUX CITY –CBD URBAN RENEWAL AREA OF THE CITY OF SIOUX CITY, IOWA (CHRIS LARSEN PARK IMPROVEMENTS, DOWNTOWN DEVELOPMENT LAND BASED CASINO PROJECT, HISTORIC PEARL DIS-TRICT PROJECT, AND MUSEUM BUILDING REFURBISHMENT PROJECT)

WHEREAS, the City Council previously has found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and has approved and adopted the Combined Central Sioux City –CBD Urban Renewal Plan on April 5, 1967, pursuant to Resolution No. S-8780 and subsequent amendments to the same on March 28, 1973, pursuant to Resolution No. S-21905; July 25, 1983, pursuant to Resolution No. 83/T-1933; April 8, 1985, pursuant to Resolution No. 85/T-3660; October 7, 1985, pursuant to Resolution No. 85/T-4097; August 10, 1987, pursuant to Resolution No. 87/T-5714; June 4, 1990, pursuant to Resolution No. 90/T-8636; December 17, 1990, pursuant to Resolution No. 90/T-9422; June 1, 1991, pursuant to Resolution No. 92/U-0189; July 7, 2003, pursuant to Res-olution No. 2003-0599; November 21, 2011, pursuant to Resolution No. 2011-0825; and Sep-tember 17, 2012, pursuant to Resolution No. 2012-0648 (together, the "Amended Plan") for the amended Combined Central Sioux City –CBD Urban Renewal Project Area described therein (the "Project Area"), which Amended Plan is on file in the office of the Recorder of Woodbury County; and WHEREAS, City staff has caused there to be prepared a form of Amendment No. 6 to the Amended Plan, a copy of which has been placed on file for public inspection in the office of the City Clerk and which is incorporated herein by reference, the purpose of which is to further up-date certain provisions of the Amended Plan to conform to current City objectives and planning initiatives for the Project Area, and to include additional properties within the Project Area, as hereinafter described; and WHEREAS, it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by said Amended Plan; and WHEREAS, the Iowa Code requires the City Council to notify all affected taxing entities of the consideration being given to the proposed Amendment No. 6 to the Amended Plan and to hold a consultation with such taxing entities with respect thereto, and further provides that the desig-nated representative of each affected taxing entity may attend the consultation and make written recommendations for modifications to the proposed division of revenue included as a part thereof, to which the City shall submit written responses as provided in Section 403.5, as amended; and WHEREAS, the Iowa Code further require the City Council to hold a public hearing on the pro-posed Amendment No. 6 to the Amended Plan subsequent to notice thereof by publication in a newspaper having a general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the urban renewal plan and shall outline the general scope of the urban renewal project un-der consideration, with a copy of said notice also being mailed to each affected taxing entity.

NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA: Section 1. That the consultation on the proposed Amendment No. 6 to the Amended Plan re-quired by Section 403.5(2) of the Code of Iowa, as amended, shall be held on April 23, 2013, in Room 306, City Hall, 405 Sixth Street, Sioux City, Iowa at 3:30 P.M., and the City Manager or his designee is hereby appointed to serve as the designated representative of the City for pur-poses of conducting said consultation, receiving any recommendations that may be made with respect thereto and responding to the same in accordance with Section 403.5(2). Section 2. That the City Clerk is authorized and directed to cause a notice of said consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1), along with a copy of the proposed Amendment No. 6 to the Amended Plan, said notice to be in sub-stantially the following form:

NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF SIOUX CITY, IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED AMENDMENT NO. 6 TO THE COMBINED CENTRAL SIOUX CITY –CBD URBAN RENEWAL PLAN FOR THE COMBINED CENTRAL SIOUX CITY –CBD URBAN RENEWAL AREA OF THE CITY OF SIOUX CITY, IOWA (CHRIS LARSEN PARK IMPROVEMENTS, DOWNTOWN DEVELOP-MENT LAND BASED CASINO PROJECT, HISTORIC PEARL DISTRICT PRO-JECT, AND MUSEUM BUILDING REFURBISHMENT PROJECT)

The City of Sioux City, Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1) of the Code of Iowa, as amended, commencing at 3:30 P.M., April 23, 2013 in Room 306, City Hall, 405 Sixth Street, Sioux City, Iowa concerning a proposed Amendment No. 6 to the Combined Central Sioux City –CBD Urban Renewal Plan for the Combined Central Sioux City –CBD Urban Renewal Area, a copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consul-tation may include a discussion of the estimated growth in valuation of taxable property included in the Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the Urban Renewal Area, and the duration of any bond issuance included in said Amended Plan. The designated representative of any affected taxing entity may make written recommendations for modifications to the proposed division of revenue no later than seven days following the date of the consultation. The City Manager (or his designee) as the designated representative of the City of Sioux City, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Amendment No. 6 to the Amended Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given by order of the City Council of the City of Sioux City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this 15th day of April, 2013


(END OF NOTICE)

NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF THE PRO-POSED AMENDMENT NO. 6 TO THE COMBINED CENTRAL SIOUX CITY –CBD URBAN RENEWAL PLAN FOR THE COMBINED CENTRAL SIOUX CITY –CBD URBAN RENEWAL AREA OF THE CITY OF SIOUX CITY, IOWA (CHRIS LARSEN PARK IMPROVEMENTS, DOWNTOWN DEVELOPMENT LAND BASED CASINO PROJECT, HISTORIC PEARL DISTRICT PROJECT, AND MUSEUM BUILDING REFURBISHMENT PROJECT)

The City Council of the City of Sioux City, Iowa, will hold a public hearing before itself at its meeting which commences at 4:00 P.M. on May 13, 2013 in the Council Chambers, City Hall, Sioux City, Iowa to consider adoption of the proposed Amendment No. 6 to the Combined Cen-tral Sioux City –CBD Urban Renewal Plan (the "Amended Plan") for the existing Combined Cen-tral Sioux City –CBD Urban Renewal Area ("Project Area"). A copy of Amendment No. 6 to the Amended Plan is on file for public inspection in the office of the City Clerk, City Hall, Sioux City, Iowa. The purpose of the Amendment No. 6 to the Amended Plan is to further update certain provi-sions of the Amended Plan to conform to current City objectives, planning initiatives and pro-gram activities for the Project Area. The general scope of the urban renewal activities which may be under consideration in the Amended Plan is to pursue public improvement projects, convey land and enter into develop-ment agreements for new development and the redevelopment of existing commercial buildings and land for commercial, residential and mixed use purposes in order to encourage investment and strengthen the area economy. This activity may involve grants, rebates, loans, improve-ment projects or other incentives funded by tax increment financing. Specifically, the amend-ment addresses proposed urban renewal projects for the following Capital Improvement Pro-gram budgeted items for Fiscal Year 2014: Chris Larsen Park Improvements, Downtown Devel-opment Land Based Casino Project, Historic Pearl District Improvements, and Museum Building Refurbishment. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This Notice is given by order of the City Council of Sioux City, Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this 15th day of April, 2013. _____________________________________ Lisa L. McCardle, City Clerk, Sioux City, Iowa Publish in the Sioux City Journal May 4, 2013.

(END OF NOTICE)

Section 5. That the proposed Amendment No. 6 to the Amended Plan, now before this Council, for the Combined Central Sioux City – CBD Urban Renewal Area described therein is hereby officially declared to be the proposed Amendment No. 6 to the Amended Plan referred to in said notices for purposes of such consultation and hearing and that a copy of said Amendment No. 6 to the Amended Plan shall be placed on file in the office of the City Clerk. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Econ Dev\Combined Central Sioux City -CBD Urban Renewal Plan Amendment #6.Doc

CERTIFICATE

STATE OF IOWA ) ) SS COUNTY OF WOODBURY ) I, the undersigned City Clerk of Sioux City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceed-ings of the Council, and the same is a true and complete copy of the action taken by said Coun-cil with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and me-dia at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city of-fices as indicated therein, that no Council vacancy existed except as may be stated in said pro-ceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 15th day of April, 2013. ______________________________________ Lisa L. McCardle, City Clerk, Sioux City, Iowa SEAL

AMENDMENT NO. 6

TO THE COMBINED CENTRAL SIOUX CITY - CBD

URBAN RENEWAL PLAN

FOR THE COMBINED CENTRAL SIOUX CITY –CBD

URBAN RENEWAL AREA


AMENDMENT NO. 6

COMBINED CENTRAL SIOUX CITY – CBD URBAN RENEWAL PLAN CITY OF SIOUX CITY, IOWA

The Combined Central Sioux City - CBD Urban Renewal Plan ("Plan") for the Combined Central Sioux City – CBD Urban Renewal Area ("Area" or "Urban Renewal Area"), originally adopted in 1967 and amended as set out in Exhibit A attached hereto and incorporated by this reference, is being further amended to add and/or confirm a proposed project to be undertaken within the Urban Renewal Area ("Amendment"). No land is being added to the Area by this Amendment. Except as modified by this Amendment, the provisions of the original Combined Central Sioux-City – CBD Urban Renewal Plan, as previously amended, are hereby ratified, confirmed, and approved and shall remain in full force and effect as provided herein. In case of any conflict or uncertainty, the terms of this Amendment shall control.

PROPOSED URBAN RENEWAL PROJECTS The following new subsection (a) to Section G (1), and new subsection (b) to Section G(2) are added to the Plan:

G. Proposed Urban Renewal Projects 1. Public Improvements

(a) The City has designated the following improvement projects through its Capi-

tal Improvement Program Budget and subsequent amendments for Fiscal Year 2014: Chris Larsen Park Improvements, Downtown Development Land Based Casino Project, Historic Pearl District Improvements, and Museum Building Refurbishment Project.

2. Development Agreements

(b) Downtown Development – Potential Casino Project

The City is considering entering into a Development Agreement with the Casino Operator chosen by the Iowa Racing and Gaming Commission to receive a gaming license for operation of a land based casino facility in Sioux City, Iowa, by which the City would, subject to terms and conditions of a Letter of Understanding and negotiated Development Agreement, provide certain economic development grants, public improvement assis-tance, utility relocation, property acquisition, property vacation, and prop-erty conveyance to assist with the renovation and/or construction of the commercial property and to reimburse the developer for certain construc-tion-related costs. It is expected that the aggregate economic develop-ment grants and other assistance will not exceed $25,000,000.

DEBT

1. July 1, 2012 constitutional debt limit: $ 192,613,415.00

2. Outstanding general obligation debt: $ 108,918,353.00 3. Proposed amount of indebtedness to be incurred: It

is estimated that the cost of the proposed public im-provements, infrastructure improvements, improve-ment projects, utility relocation, economic develop-ment grants, and land acquisition as described above will be approximately as follows: Chris Larsen Park Improvements Downtown Development Land Based Casino Project Historic Pearl District Improvements Museum Building Refurbishment Project

$55,000.00 $25,000,000.00

$250,000.00 $450,000.00



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




EXHIBIT A

COMBINED CENTRAL SIOUX CITY - CBD URBAN RENEWAL PLAN HISTORY By virtue of Resolution No. S-8780, passed and approved on the 5th day of April, 1967, the City Council of the City of Sioux City, Iowa, approved and adopted the CBD -East Urban Re-newal Plan for the CBD -East Urban Renewal Area By virtue of Resolution No. S-21905, passed and approved on the 28th day of March, 1973, the City Council of the City of Sioux City, Iowa, approved and adopted the CBD -West Urban Renewal Plan for the CBD -West Urban Renewal Area By virtue of Resolution No. 83/T-1933, passed and approved on the 25th day of July, 1983, the City Council of the City of Sioux City, Iowa, approved and adopted the Old Town East Conser-vation Area Plan for the Old Town East Conservation Area By virtue of Resolution No. 85/T-3660, passed and approved on the 8th day of April, 1985, the City Council of the City of Sioux City, Iowa, approved and adopted modification to the CBD -East Urban Renewal Plan and to the CBD -West Urban Renewal Plan by combining said Urban Renewal Plans into the Central Sioux City -CBD Urban Renewal Area By virtue of Resolution No. 85/T-4097, passed and approved on the 7th day of October, 1985, the City Council of the City of Sioux City, Iowa, approved and adopted the CBD -North Urban Renewal Plan for the CBD -North Urban Renewal Area By virtue of Resolution No. 87/T-5714, passed and approved on the 10th day of August, 1987, the City Council of the City of Sioux City, Iowa, approved and adopted modification to the Cen-tral Sioux City -CBD Urban Renewal Plan and to the Old Town East Conservation Area Plan by combining said Urban Renewal Plans into the Combined Central Sioux City -CBD Urban Re-newal Area By virtue of Resolution No. 90/T-8636, passed and approved on the 4th day of June, 1990, the City Council of the City of Sioux City, Iowa, approved and adopted the 1990 Amendments to the Combined Central Sioux City -CBD Urban Renewal Plan by approving and adopting the River-front Urban Renewal Plan for the Riverfront Urban Renewal Area and combining the Riverfront Urban Renewal Area into the Combined Central Sioux City -CBD Urban Renewal Area By virtue of Resolution No. 90/T-9422, passed and approved on the 17th day of December, 1990, the City Council of the City of Sioux City, Iowa, approved and adopted Amendment No. 1 of the 1990 Amendments to the Combined Central Sioux City -CBD Urban Renewal Plan By virtue of Resolution No. 92/U-0189, passed and approved on the 1st day of June, 1992, the City Council of the City of Sioux City, Iowa approved and adopted Amendment No. 2 of the 1990 Amendments to the Combined Central Sioux City –CBD Urban Renewal Plan By virtue of Resolution No. 2003-0599, passed and approved on the 7th day of July, 2003, the City Council of the City of Sioux City, Iowa approved and adopted Amendment No. 3, approving and adopting the Battery Urban Renewal Sub-area Plan to the Combined Central Sioux City –CBD Urban Renewal Plan

By virtue of Resolution No. 2011-0825, passed and approved on the 21st day of November, 2011, the City Council of the City of Sioux City, Iowa approved and adopted Amendment No. 4, approving and adopting the Mercy Urban Renewal Sub-area Plan to the Combined Central Sioux City –CBD Urban Renewal Plan By virtue of Resolution No. 2012-0648, passed and approved on the 17th day of September, 2012, the City Council of the City of Sioux City, Iowa approved and adopted Amendment No. 5 to the Combined Central Sioux City –CBD Urban Renewal Plan

Regular Session Study Session Closed Session

CITY OF SIOUX CITY



FROM: Amy Walker, City Treasurer

SUBJECT: Approve total checks issued for the reporting period of March 2013, in the total amount of $6,917,110.07.



Manager

RECOMMENDATION:

Staff respectfully requests the Council to approve the total checks issued for March 2013 on Monday’s Agenda.

DISCUSSION:

The Finance Department has on file a list of gross cumulative payments paid to each separate accounts payable vendor on a monthly basis. This listing is available for Council Members’ perusal. On your agenda for Monday is a total amount of these payments for City Council ap-proval. The day after the Council meeting, the Finance Department files the list with The Sioux City Journal for publication. Detailed information on these listed payments can be found in the Finance Department. This department keeps a weekly claim register, which lists vendor name, vendor number, and ac-count code. Any question from Council members or citizens concerning vendor payments are easily answered using a cross-reference system on the mainframe computer, which searches information on vendor payments.

FINANCIAL IMPACT:

None RELATIONSHIP TO STRATEGIC PLAN:

Relates to Progressive Leadership Vision, PL-4 Formalize policies which result in sound fi-nancial practices.

ALTERNATIVES:

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

None




FROM: Lisa L. McCardle, City Clerk

SUBJECT: Applications For Beer and Liquor Licenses

A. CLASS “C” BEER PERMIT

1. Pronto Express, 1800 Highway 75 North (Renewal) B. CLASS “C” LIQUOR LICENSE

1. Steinbeck’s Pub, 3929 Floyd Boulevard (Renewal) 2. Uncle Dave’s Neighborhood Pub, 1427 West 3rd Street (Renewal) 3. BamBooze DryDock, 1085 Council Oak Drive (Renewal)



Manager

RECOMMENDATION:

Staff respectfully requests and recommends approval of the following Beer and Liquor Li-censes:

DISCUSSION:

All required Inspections have been completed by the required City departments unless other-wise noted. Hard copy of all inspection verifications is available in the City Clerk’s Office and will be provided at your request. For your convenience the City Clerk will have the inspection information available at the City Council meeting Current applications for Beer and Liquor Licenses are as follows: A. CLASS “C” BEER PERMIT

1. Pronto Express, 1800 Highway 75 North (Renewal) The required departments have reviewed the license application listed above and provide the following recommendations:

Staff Recommends = Approval Denial Pending Finance X Property tax records were verified and taxes are paid to date; the business utility account is also current. Fire Department X Fire Code Inspections were completed and no violations were found. Inspection Services X Building, Electrical, Mechanical and Plumbing Inspections were performed and no violations were found Police Department X Police Records for this establishment were reviewed and the Police Department

recommends approval. Zoning X Zoning Code has been verified for the above address, no violations were found.

B. CLASS “C” LIQUOR LICENSE

1. Steinbeck’s Pub, 3929 Floyd Boulevard (Renewal) The required departments have reviewed the license application listed above and provide the following recommendations:

Staff Recommends = Approval Denial Pending Finance X Property tax records were verified and taxes are paid to date; the business utility account is also current. Fire Department X Fire Code Inspections were completed and no violations were found. Inspection Services X Building, Electrical, Mechanical and Plumbing Inspections were performed and no violations were found Police Department X Police Records for this establishment were reviewed and the Police Department recommends approval. Zoning X Zoning Code has been verified for the above address, no violations were found.

2. Uncle Dave’s Neighborhood Pub, 1427 West 3rd Street (Renewal)

The required departments have reviewed the license application listed above and provide the following recommendations:

Staff Recommends = Approval Denial Pending Finance X Property tax records were verified and taxes are paid to date; the business utility account is also current. Fire Department X Fire Code Inspections were completed and no violations were found. Inspection Services X Building, Electrical, Mechanical and Plumbing Inspections were performed and no violations were found Police Department X Police Records for this establishment were reviewed and the Police Department recommends approval. Zoning X Zoning Code has been verified for the above address, no violations were found.

3. BamBooze DryDock, 1085 Council Oak Drive (Renewal)

The required departments have reviewed the license application listed above and provide the following recommendations:

Staff Recommends = Approval Denial Pending Finance X Property tax records were verified and taxes are paid to date; the business utility account is also current. Fire Department X Fire Code Inspections were completed and no violations were found.

Inspection Services X Building, Electrical, Mechanical and Plumbing Inspections were performed and no violations were found Police Department X Police Records for this establishment were reviewed and the Police Department recommends approval. Zoning X Zoning Code has been verified for the above address, no violations were found.

FINANCIAL IMPACT:

None. RELATIONSHIP TO STRATEGIC PLAN:

Health and Safety Vision - We will enhance public health and safety by maximizing the utiliza-tion of technology, improved community engagement, and improved communications and fa-cilities.

ALTERNATIVES:

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

ATTACHMENTS:

Police Department Recommendations.

Pronto Express, 1800 Highway 75 North (Renewal) >>> James Cunningham 4/10/2013 8:14 AM >>>approval is recommended Steinbeck’s Pub, 3929 Floyd Boulevard (Renewal) >>> James Cunningham 4/10/2013 8:15 AM >>>approval is recommended Uncle Dave’s Neighborhood Pub, 1427 West 3rd Street (Renewal) >>> James Cunningham 4/10/2013 8:13 AM >>>approval is recommended BamBooze DryDock, 1085 Council Oak Drive (Renewal) >>> James Cunningham 4/10/2013 8:15 AM >>>approval is recommended

BOARD OF ADJUSTMENT ABBREVIATED MEETING MINUTES

March 12, 2013

A regular meeting of the Board of Adjustment was held this date in the City Council Chambers located on 5th Floor, City Hall, 405 - 6th Street, Sioux City, Iowa, at which time the following items were considered. MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Suzan Stewart, Chair Joe Krage Jeff Hanson, CD Operations Manager Cindy O’Neill, Vice Chair Ryan Ross Brent Nelson, Senior Planner Jason Geary Chris Madsen, Planner Jean Calligan Justin Vondrak, Assistant City Attorney Kevin Godwin Guadalupe Quintana, Admin Secretary Ron Kueny, Zoning Enforcement Officer Stewart called the meeting to order at 4:30p.m., and read the opening statement explaining the procedure. She then introduced the Board members and City staff to the audience. The Board was asked if any had contact with the owner, petitioner, agent, or anyone listed on the notifica-tion list regarding the agenda items. No one stated that they had. Agenda Item 2013-0009: Requested variance from Section 4.36.130 for property located at 3110 Sunnybrook Court. (Petitioner: Tri-State Sign) Godwin (O’Neill) moved to recommend to the City Council approval of this item Motion Failed, 0-5-0 (Yes: 0 / No: Calligan, Stewart, Godwin, O’Neill, Geary / Abstained: 0) Voice Vote Agenda Item 2013-0011: Requested conditional use permit pursuant to Municipal Code Sec-tion 25.94.030 (15) for property located at 4434 Military Road. (Petitioner: Roy Barker) Godwin (O’Neill) moved to recommend to the City Council approval of this item with a maximum number of pigeons being 100. Motion Carried, 5-0-0 (Yes: Calligan, Stewart, Godwin, O’Neill, Geary / No: 0 / Abstained: 0) Voice Vote Other Business

a. Other items brought forward by the Board and / or staff. b. Approval of the minutes of the February 12th, 2012 meeting.

Godwin (O’Neill) moved to recommend to the City Council approval of this item Motion Carried, 5-0-0 (Yes: Calligan, Stewart, Godwin, O’Neill, Geary / No: 0 / Abstained: 0) Voice Vote Meeting adjourned at 5:53 p.m. Submitted by Guadalupe Quintana __________________________________ ________________________________ CHAIR PLANNING DIRECTOR

BUILDING AND HOUSING CODE BOARD Regular Meeting January 8, 2013

The regular meeting of the Building and Housing Code Board was held on Tuesday, January 8, 2013, at 8:00 A.M., in the Third Floor Planning Conference Room in City Hall. Board Members Present: Board Members Absent: Staff Present: Guests Present: Willie Delfs Dennis Dufault. Darrel Bullock Ron Speckmann Marge Hollingshead Barney Pottebaum Secretary Mark Corbin Steve Bruening Doug Rose Brad Bergstrom Matt Thompson Meeting was called to order by Barney. Motion was made by Willie and seconded by Doug to approve the minutes of the October 2, 2012 meeting. All members present voting “aye”, motion carried. Applications were reviewed. A motion was made by Willie and seconded by Steve to approve the following applications. All members present voting “aye”, motion carried.

1. Dennis Blanchard – First Class Hydronic 2. Parrish Giddings – First Class Hydronic 3. Ian Cardona – Third Class Hydronic 4. Richard F. Mitchell – Second Class Hydronic

Michael Crilly submitted an application for his First Class Hydronic license that he had let lapse for several years. After a short discussion, a motion was made by Doug that a person may re-new their license at double fee unless it has been more than one (1) year since the license was renewed. Motion was seconded by Ron and all members present voting “aye”, motion carried. Therefore, Mr. Crilly will be required to take the First Class Hydronic exam if he wishes to renew his license. OLD BUSINESS: Darrel informed the Board that he had been looking into the IPMC. There is a tremendous amount of changes we would have to do with it so we are re-evaluating whether we want to move forward or not. I will continue to work on that. Ron we talked about the IEBC last time about adopting the International Existing Building Code City wide. I took a little time and looked at it in more detail. I think the IBC is pretty vague when it comes to existing structures. Darrel asked did you find that it makes it more restrictive? Ron replied when it comes to inter-pretation, I am going to have a different interpretation than Henry.

After a short discussion, Darrel said I have a book we could use as a reference guide but not as a code. Matt said let’s table the discussion until next meeting. NEW BUSINESS: Darrel said I would ask the board to elect a new chairman and vice-chair. Matt made a motion that Barney be chairman. Steve seconded the motion and all members voting “aye”, motion carried. Ron made a motion that Willie be vice-chair. Steve seconded the motion and all mem-bers voting “aye”, motion carried. No further business to discuss, motion was made by Matt and seconded by Ron to adjourn. All members present voting “aye”, motion carried. _____________________________________ ___________________________________ Barney Pottebaum, Chairperson Darrel Bullock, Code Enforcement Manager Inspection Services Division

BUILDING AND HOUSING CODE BOARD Regular Meeting

April 2, 2013 The regular meeting of the Building and Housing Code Board was held on Tuesday, April 2, 2013, at 8:00 A.M., in the Third Floor Planning Conference Room in City Hall. Board Members Present: Board Members Absent: Staff Present: Guests Present: Willie Delfs Doug Rose Darrel Bullock Ron Speckmann Marge Hollingshead Barney Pottebaum Secretary Mark Corbin Steve Bruening Dennis Dufault Brad Bergstrom Matt Thompson Meeting was called to order by Barney. Motion was made by Dennis and seconded by Steve to approve the minutes of the January 8, 2013 meeting. All members present voting “aye”, motion carried. The following applications were reviewed

5. Jeremy Bice – First Class Hydronic 6. David G. Butler – First Class Hydronic

Discussion was held as to the requirements being met when an application is submitted. An applicant is informed if he/she takes Steam Plant I and/or Steam Plant II at WIT to attach copies of their Certificate of Completion. The information sheet attached to the application states “no-tarized affidavits or letters on company letterhead from former or current employers specifying exact type of work done and for how long”. This is not being followed. A motion was made by Dennis that it be added to the information sheet handed out with the application “IF Steam Plant I and/or Steam Plant II is taken at WIT, attach copies of the Certificate of Completion. Motion seconded by Steve, motion carried. A motion was made by Steve and seconded by Dennis to approve the application of Jeremy Bice on the condition that he provides the Certificates of Completion from WIT before being al-lowed to take the exam. All members except Willie were in favor. Willie said we should make a determination of what our requirements are and move forward. If they say they have school, they should document it. We should do Certificates of Completion. Mark amended the motion approving Jeremy Bice’s application, saying we approve David But-ler’s application pending receiving verification of employment and Jeremy Bice be approved pending him submitting Certificates of Completion from WIT. Motion was seconded by Steve and all members present voting “aye”, motion carried. OLD BUSINESS: Darrel asked if there was any discussion on the IEBC. Dennis asked when are we looking at going to the 2012? Darrel replied I heard the State is looking at going to it in the fall. We would possibly do spring or fall.

NEW BUSINESS Darrel said I would like the Board to consider the possibility of increasing the house move fees. House move fees was not part of the schedule change. Already we have had a ton of house moves and right now they are $50 each. My thought is charge them an hourly charge. Mark asked would you do it that way – flat fee plus hourly rate? Darrel replied we would do flat rate plus hourly rate. Matt asked you are thinking $55 flat fee plus $80 per hour? Darrel replied I am thinking flat fee of $85 for a flat fee because of the time involved. We have to coordinate everything and there might be times where three map routes come in. Darrel said by the next time we have a meeting, I will have something out to you that will kind of give you an idea of what we are looking for. Nothing I am in a major hurry to get through. No further business to discuss, motion was made by Steve and seconded by Ron to adjourn. All members present voting “aye”, motion carried. _______________________________________ ___________________________________ Barney Pottebaum, Chairperson Darrel Bullock, Code Enforcement Man-ager, Inspection Services Division

CIVIL SERVICE COMMISSION REGULAR MEETING

February 5, 2013 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 Frank Baron, Chair Bob Hamilton, Member (excused) Kirsten Wynn, Clerk to the Commission Troy Nelson, Member John Fitch, Council (excused) Bridey Hayes, Human Resources Director Cindy Zeman, Member Nicole Jensen-Harris, City Attorney Sandra Pearson, Member Karen Mackey, Human Rights Director Captain Williams, Police Department Lt. Kayl, Police Department APPROVE TESTING PROCESS – WWTP LEAD OPERATOR. The Commission reviewed the proposed exam. Process to include a written exam with a two hour time limit, passing score of 70% with up to the top ten scorers being certified to the eligibility list. Candidates may use a non-programmable calculator and the ABC Formula/Conversion Table provided by the DNR. Nelson moved to approve the testing process for WWTP Lead Operator as stated above; Pear-son seconded. Baron – aye; Pearson – aye; Nelson – aye; Zeman – aye. APPROVE TESTING PROCESS – LEAD POLICE RECORDS TECHNICIAN. The Commission reviewed the proposed exam. Process to include a written exam with a two hour time limit, passing score of 70% with up to the top ten scorers being certified to the eligibility list. The position of Lead Police Records Techni-cian is promotional. Nelson moved to approve the testing process for Lead Police Records Technician as stated above; Pearson seconded. Baron – aye; Pearson – aye; Nelson – aye; Zeman – aye. REVIEW MINUTES OF THE REGULAR MEETINGS OF NOVEMBER 6, DECEMBER 4, 2012 AND JANUARY 8, 2013. There were no revisions or corrections. OTHER BUSINESS. Baron stated the Commission was now provided with a copy of the approved Local Civil Service Rules and Regulations. The copy may be taken with them.

Wynn advised the Commission of the upcoming testing processes. Police Officer oral exams may possibly be the week of June 10th. Nelson may be able to assist with the process. Pear-son inquired about the possibility of observing the oral exam process. The meeting was adjourned at 12:05 p.m. ___________________________________ ___________________________________ Clerk of Commission Chairperson Civil Service Commission/M2013 February 5

CONE PARK ADVISORY COMMITTEE MEETING MINUTES

March 13, 2013

On this date was held a regular meeting of the Cone Park Advisory Committee at 12:00 p.m. in City Hall, 4th Floor Conference Room, 405 6th Street, Sioux City IA. Present: Berenstein, Anderson, Seaman, Myers, Stensland, Krage Absent: Radig, Cote, Caudron Staff: Wallace Guest: Nathan Kalaher and Paul Martin with PLaN Architecture CALL TO ORDER Berenstein called the meeting to order 12:05 p.m. APPROVAL OF MINUTES On motion from Seaman, second by Anderson, the February 6, 2013 Cone Park Advisory Committee minutes were approved. Discussion Committee members discussed future development plans. Nathan and Paul with PLaN Archi-tecture were invited to assist with identifying alternate park locations. Additionally, the park concept is also open for discussion if the park is relocated from the proposed site. The next Cone Park Advisory Committee meeting is scheduled for May 8, 2013 at 12:00 p.m. in City Hall, 4th Floor Conference Room.

ENVIRONMENTAL ADVISORY BOARD MEETING REGULAR MEETING MINUTES

February 14, 2013

The Environmental Advisory Board held a meeting on this date at 4:00 p.m. in the 4th Clock-tower Conference Room, City Hall, 405 6th Street, Sioux City, Iowa at which time the following items were discussed: MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Guests Kari Wilde Derek Carmona Becky Carlson Toni Dunn Debbie Leigh Jeannie Bockholt Aaron Rochester Jade Dundas Allan McGaffin Susan Peete Terry Glade Carrie Radloff Patrick Blaine Terry Glade called the meeting to order at 4:05 p.m. Carrie Radloff moved that the minutes of the 1/10/13 meeting be approved with a change being made to Members Absent – and adding Susan Peete. Susan Peete seconded the motion. Mo-tion passed. Introductions were made to Patrick Blaine – new board member. New Business: Recycling Campaign 2.0 – Recycling is up 1.6% which is a decrease from last year. The board will come up with new ideas for their second recycling campaign. Sioux City is at 6% re-cycling with a goal of 24%. Several new ideas to get our recycle message out include refrigera-tor magnets, water bill reminder, hash tags, incentives and competition between schools or bor-dering cities. Advertising venues include radio spots to talk about recycling, radio advertising, buss advertising and a skywalk banners. Terry Glade, Carrie Radloff and Kari Wilde will work on educational programs and collect data. Earth Day Event – the event is scheduled on April 28th this year with Body & Soul/Aveeda offer-ing prizes and the city possibly offering 1 free year of garbage service. Re-Business: Garden Show Update – This year the Garden Show will be held at the Sioux City Convention Center in a 3 section booth to include Blue Zones and the Economic Development Department. We will have the seed packets to hand out, the blue and pink recycle bins will be brought in, and Aaron will bring his Recycletronics kiosk. Susan Peete, Toni Dunn, and Derek Carmona will do the set up for the show on March 21st. Re-Event Update – the event is scheduled for April 20th in the Long Lines Family Center park-ing lot. Vendors who are scheduled to be there are HyVee, Batteries Plus, Habitat for Humani-ty, and Cartridge World. At this time there is no one to take fluorescent tubes. The Drug Take Back will be coordinated with the PD for the same day.

Other - March 26th is the joint meeting with city council which will be held in the conference room on the lower level of city hall beginning at 12:00 noon. The official city flower unveiling will be held on March 22nd at 10:00 a.m. during the Mayor’s Press Conference. Dates will be provided next month on the neighborhood network cleanups. Anchor Glass of Shokopee, MN needs as much glass as possible. Terry Glade has set up a meeting with them for March 12th at 10:00 a.m. in the clocktower conference room. A time will be set up for the board to watch the “Bag It” video. Terry Glade announced that he has 1 year left on his term – begin thinking of a replacement for him. The next meeting will be held on March 14, 2013, at 4:00 p.m. in the 4th Floor Clocktower Con-ference Room. Respectfully submitted, Debbie Leigh Recording Secretary

DRAFT

LIBRARY BOARD OF TRUSTEES Regular Meeting March 20, 2013

The regular meeting of the Board of Trustees of the Sioux City Public Library was held on Wednesday, March 20, 2013, in the Conference Room of The Wilbur Aalfs (Main) Library. MEMBERS PRESENT: Jay E. Denne, Jacqueline Lightcap, Janet Plathe, Mary Ann Schuldt MEMBERS ABSENT: Melissa Cain, Derek Albert, Daniel W. Smith STAFF PRESENT: Betsy J. Thompson, Connie K. Brown 1. President Janet Plathe called the meeting to order at 3:30 p.m. 2. Roll call was taken. 3. The Agenda was approved. 4. Approve the Minutes – February 20, 2013 [Action Item]

Denne moved approval of the minutes of February 20, 2013. Schuldt seconded. Motion approved unanimously.

5. Director’s Report Thompson said staff have been catching up after the carpet replacement project on lower level. We have been having some well-attended children’s programs. She showed fliers and a sample of the new notice that we e-mail to patrons when their card will expire in 10 days. People appreciate this and have been coming in to keep it active. Trustees commented on the first Saturday events for kids and the One Book One Siouxland Shane events. Lightcap said it is a popular book at the book store too; Schuldt liked the different presentations and mentioned a few. Thompson said it is hard for the Li-brary to measure the impact because a lot of private book clubs are talking about it too—the community is having fun and it is reaching the community in ways we aren’t aware of.

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

Denne moved approval of claims. Schuldt seconded. Motion approved unani-mously.

B. 2012-2013 Monthly Budget Summary

The report was received.

C. Final Payment on Carpet Contract [Action Item]

Thompson summarized the lower level recarpeting project in her memo to the Board. She would like their approval to make the final retainage payment. Floors Inc. was excellent to work with. Trustees thought it looks nice and it was nice to get the stair nosings on too. Schuldt moved approval to pay the final retainage payment of $2,481.25 and to close the contract. Lightcap seconded. Motion approved unanimously.

7. Unfinished Business None was presented.

8. New Business A. Thompson said the Library negotiating team reached a tentative agreement with

the union. Because the union will not meet until Friday, she would like to discuss the tentative agreement today but not take action until the union has approved it.

At 3:44 p.m. Denne moved to go into closed session to discuss strategy in matters relating to employment conditions of employees of the City Library covered by a collective bargaining agreement and employees not covered by a collective bar-gaining agreement. Plathe, Lightcap, Schuldt and Denne voted aye. Motion car-ried. At 3:59 p.m. Denne moved to return to open session. Plathe, Lightcap, Schuldt and Denne voted aye. Motion carried.

B. Strategic Planning - Trends Thompson said a PLA Virtual Spring Symposium has been going since 9:00 a.m. this morning. She has listened to some of the sessions and they have been good. The Trustees listened to a session that started at 4:00 p.m. on Future 101 / Fore-sight 101 led by Garry Golden. Trustees thought the session was interesting and talked about some of what they heard and about what steps our Library could take. There is so much information available. A concern is the whole data-tracking thing, particularly regarding priva-cy. Thompson told of one library that is monitoring search terms to determine what people aren’t finding. Trustees mentioned technology and some groups’ concerns regarding social media and social interaction. Trustees mentioned their favorite take-away from the session. Thompson said as of yesterday staff is beta testing sending patrons who have e-mail notification a text notice if they so choose.

Denne left meeting at 5:05 p.m.

Trustees mentioned possible things to discuss are place-based service and whether it is sustainable in our community and how much is too much to follow pa-trons to obtain data.

9. Trustee Concerns

None were presented. 10. Next Meetings: Wednesday, April 17, 2013, 3:30 – 6:00 p.m. – Strategic Planning Retreat Friday, April 19, 2013, 11:30 a.m. – 2:00 p.m. – Strategic Planning Retreat Wednesday, May 15, 2013, 3:30 p.m. 11. Plathe adjourned the meeting at 5:09 p.m. Jacqueline Lightcap, Acting Secretary Connie K. Brown, Assistant Secretary

Sioux City Mayor’s Youth Commission Full MYC Minutes

Monday, February 25, 2013 City Hall

Sioux City, Iowa Present: 97 MYC and YA Members, 6 parents, and 5 adult advisors including Linda Phillips, Linda O’Rear, Cody Juracek, Officer Mike Manthorne and Mary Koster The meeting was called to order at 7:05 p.m. by Acting Mayor Louis Noel The Pledge of Allegiance was led by Legal Director Dustin Dorhout. The minutes of the last meeting of January 21, 2013 were accepted as submitted. Finance Director report was given by Christina Case who reported that $1882.77 has been spent to date, leaving a balance of $1744.23. Total budget is $3627.00; fiscal year is July 1 through June 30. Big Brothers Big Sisters presented information on a Winnebago Mentoring Team. MYC mem-bers are encouraged to sign up. Sign up information will be emailed to MYC members. Water for Life information was presented by MYC member Shauna Folchert. Information will be emailed to MYC members. MYC members Alisha Teutsch and Karina Sanchez led the group in Mentors in Violence Pre-vention (MVP) training. The Commission broke into groups led by Executive Council members and discussed different options for M VP situations. MYC Liaison Officer Mike Manthorne presented information on a report that he is doing to in-crease youth participation, involvement and pride in the community. This will be discussed at future meetings. The next full MYC meeting will be Monday, March 18, 2013 at 7:00 pm in Council Chambers. On a motion by Karina Sanchez and a second by Jessica Orr, the business meeting was ad-journed at 7:44 p.m. Respectfully submitted, Jackie Ricke, Administrative Service Director

Sioux City Mayor’s Youth Commission Minutes Executive Council

Monday, March 4, 2013, 7:00 p.m. Chamber of Commerce Building

MYC MEMBERS PRESENT: Taylor Avery, Christina Case, Dustin Dorhout, Alex Linden, Ben Linden, Andrew Lindquist, Louis Noel, Seth Raders, Jackie Ricke, Carissa Sininger, Pablo Suarez B, Alexis Suhr, Samantha Zeman MYC MEMBERS ABSENT: Megan Glover, Brandon Hundley, Jessica Orr, Drew Piersma, Karina Sanchez, Alisha Teutsch GUEST PRESENT: Becky Carlson, Siouxland District Health Department ADULT SPONSORS PRESENT: Linda Phillips, Linda O’Rear, Mike Manthorne, Brittney Sininger, Mary Koster Mayor Alex Linden called the meeting to order at 7:03 p.m. Correspondence: None at this time. Minutes of the previous Executive Council meeting February 4, 2013 were accepted as submit-ted. The Finance Report was given by Louis Noel. He reported that $1882.77 has been spent to date, leaving a balance of $1744.23. Total budget is $3627.00; fiscal year is from July 1 through June 30. Will look at replenishing t-shirts that are loaned to MYC members to be worn at various volunteering events. Becky Carlson, Siouxland District Health Department, talked about the Kick Butts Day promo-tion which will be a flash mob dance at the March 19th Musketeers hockey game. MYC students are encouraged to be a part of this. Officer Mike Manthorne again led a discussion on the City Wide Strategic Plan with a goal to Grow Pride in Sioux City. MYC will be part of a city neighborhood cleanup. We encouraged Officer Manthorne to invite MYC to volunteer at city events. Young Ambassador applications will be reworded to make the process more clear. MYC Ex-ecutive members expressed interested in doing a service project with their Young Ambassa-dors. The April 15 full meeting of MYC will be presented by League of Women Voters who will also provide a meal. On a motion by Andrew Lindquist, and a second by Dustin Dorhout, the meeting was adjourned at 8:12 p.m. Respectfully submitted, Jackie Ricke, Administrative Service Director

Sioux City Mayor’s Youth Commission Full MYC Minutes

Monday, March 18, 2013 City Hall

Sioux City, Iowa Present: 100 MYC and YA Members, 2 parents/guests, and 6 adult advisors including Linda Phillips, Linda O’Rear, Brittney Sininger, Officer Mike Manthorne, Cody Juracek and Mary Koster The meeting was called to order at 7:02 p.m. by Mayor Alex Linden The Pledge of Allegiance was led by Legal Director Dustin Dorhout. The minutes of the last meeting of the February 25, 2013 were accepted as submitted. Finance Director Louis Noel reported that $1982.77 has been spent to date, leaving a balance of $1644.23. Total budget is $3627.00; fiscal year is July 1 through June 30. MYC member Karina Sanchez led the group in Mentors in Violence Prevention (MVP) training. The Commission broke into groups led by Executive Council members and discussed different options for MVP situations. Becky Carlson from Siouxland District Health presented information on the Flash Mob that MYC will be participating in at the Musketeers game on March 19. This is being done in preparation for Kick Butts Day on March 20. Practice will be held during our meeting today and at the Fami-ly Spring Fling at the LLFRC on March 19 just before the game. Department meetings:

• Leadership Department met to discuss the 8th Grade Leadership Forum which will be April 8 at LLFRC.

• Legislative and Young Ambassadors met in council chambers. MYC Liaison Officer Mike Manthorne presented information on a report that he is doing to increase youth par-ticipation, involvement and pride in the community. This will be discussed at future meetings.

The next full MYC meeting will be Monday, April 15, 2013 at 7:00 pm in Council Chambers. On a motion by Dustin Dorhout and a second by Carissa Sininger, the business meeting was adjourned at 8:00 p.m. Respectfully submitted, Jackie Ricke, Administrative Service Director

PARKING AND SKYWALK SYSTEM BOARD OF TRUSTEES

MEETING MINUTES MARCH 20, 2013

The Parking and Skywalk System Board of Trustees met at 9:00 a.m. on Wednesday, March 20, 2013, in the 3rd Floor Conference Room, Ho-Chunk Centre, 600 4th Street, Sioux City, Iowa. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Steve Boden, Chair Monette Harbeck Sarah Swearingen, City Clerk’s Office Beau Braunger Jeanne Zyzda Ann Mach, AMPCO Ragen Cote Dave Braunger, 1st Class Security Frank Forneris, Vice Chair Daisy Valdez, Rodriguez Window Cleaning Mark Reinders Olman Valdez, Rodriguez Window Cleaning Eder Duarte, Rodriguez Window Cleaning Loren Mason, Panefully Clear Robert Padmore, Asst. City Manager CALL TO ORDER Boden called the meeting to order at 9:00 a.m. Forneris entered the meeting at 9:02 a.m. MINUTES Motion by Reinders, seconded by Cote, to approve the minutes of February 20, 2013; all voting aye. REPORTS & COMMUNICATIONS Skywalk Operations – Swearingen handed out traffic counts. Advertising Sign Requests – Cote stated Trattoria Fresco has been given the information about advertising in the Skywalk. Downtown Informational Report – Cote discussed bike racks in the ramps, stating SIMPCO would like to put one in the MLK Center. Cote also mentioned a bike share program is underway from Pearl Street to 4th Street. AMPCO Report – The report was sent by e-mail to the Board. Mach stated the last 16 CF In-dustry employees will terminate their parking at the end of March. Skywalk Security Update - 1st Class Security – Dave Braunger stated transients are an on-going issue and that hallways in the SC Hotel were shut down Saturday morning due to a leak. PETITIONS, APPLICATIONS, HEARINGS - None.

UNFINISHED BUSINESS Skywalk Window Cleaning Contract to Council on 3/25/13 - Rodriguez Window Cleaning representatives provided the Board a copy of their license and in-surance, stating they have the equipment necessary to do the job well. Rodriguez puts a solu-tion in water to keep it from freezing, and has cleaned windows at the United Center, Stifel Nico-laus Building, Heidman Law Firm, Wells Blue Bunny and many businesses and restaurants in Sioux Falls. They have been in business for 5 years and can begin April 1, 2013 Loren Mason, Panefully Clear, thanked the board for the opportunity to clean the windows for the past 16 years. Mason stated they do not just add methanol to keep the water from freezing but actually purify water and use a carbon fiber water fed pole that allows them to block traffic for 1/2 the amount of time. Motion by Forneris, seconded by Reinders, to reconsider the Skywalk Window Cleaning Con-tract; all voting aye. Motion by Forneris, seconded by Cote, to recommend a three year contract be awarded to Ro-driguez Window Cleaning in the amount of $65,340; all voting aye. NEW BUSINESS Approval of costs and distribution to properties for February 2013 - Motion by Boden, se-conded by Braunger, to approve the costs and distribution to properties for February 2013; all voting aye. Boden asked if any bids have been received for the wall repair in the north/south alley, stating the item would be discussed at the next meeting. Padmore had asked about board vacancy that has been created with the sale of The Daily Grind. ADJOURNMENT Being no further discussion, it was motioned by Reinders, seconded by Braunger, to adjourn the

meeting at 9:25 a.m.; all voting aye.

CITY PLANNING AND ZONING COMMISSION ABBRIVIATED MEETING MINUTES

March 12, 2013

A regular meeting of the City Planning and Zoning Commission was held this date at 4:00 p.m. in the City Council Chambers, 5th Floor, City Hall, 405 - 6th Street, Sioux City, Iowa, at which time the following items were considered. MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT Suzan Stewart, Chair Joe Krage Jeff Hanson, CD Operations Manager Cindy O’Neill, Vice Chair Ryan Ross Brent Nelson, Senior Planner Jason Geary Chris Madsen, Planner Jean Calligan Justin Vondrak, Assistant City Attorney Kevin Godwin Guadalupe Quintana, Admin Secretary Ron Kueny, Zoning Enforcement Officer Stewart called the meeting to order at 4:00 p.m., and read the opening statement explaining the procedure. She then introduced the Commission Members and City staff to the audience. The Commission was asked if any had contact with the owner, petitioner, agent, or anyone listed on the notification list regarding the agenda items. No advised they had. Agenda Item 2013-0010: Requested zoning of property recently annexed to the City be zoned RS-70 upon completion of the annexation. (Petitioner: City of Sioux City) Godwin (O’Neill) moved to recommend to the City Council approval of this item. Motion Carried. 5-0-0 (Yes: Calligan, Stewart, Godwin, O’Neill, Geary/ No: 0 / Abstained: 0) Voice Vote Agenda Item 2013-0012: Requested dedication of Iowa Street, south of 3rd Street, adjacent to 1300 3rd Street, 214 Court Street, and 208 Court Street. (Petitioner: City of Sioux City) Godwin (O’Neill) moved to recommend to the City Council approval of this item. Motion Carried. 5-0-0 (Yes: Calligan, Stewart, Godwin, O’Neill, Geary/ No: 0 / Abstained: 0) Voice Vote Agenda Item 2013-0015: Requested final plat of Dolphin Addition located near 7100 Christy Road. (Petitioner: John Dolphin) Godwin (O’Neill) moved to recommend to the City Council approval of this item. Motion Carried. 5-0-0 (Yes: Calligan, Stewart, Godwin, O’Neill, Geary/ No: 0 / Abstained: 0) Voice Vote

Other Business a. Report by the Chair regarding Planning and Zoning items at the City Council

meeting. b. Other items brought forward by the Commission and / or staff. c. Approval of the minutes of the February 12th, 2013 meeting.

Calligan (O’Neill) moved to recommend to the City Council approval of this item. Motion Carried. 5-0-0 (Yes: Calligan, Stewart, Godwin, O’Neill, Geary / No: 0 / Abstained: 0) Voice Vote Meeting adjourned at 4:17 p.m. Submitted by Guadalupe Quintana __________________________________ ________________________________ CHAIR PLANNING DIRECTOR




FROM: Curtis R. Miller, Airport Director

SUBJECT: Hearing and Resolution accepting the proposal of The Armory Board, State of Iowa for the lease of certain land in the Donner Park Urban Renewal Area and authorizing lease of said property. (Property adjacent to 3200 2nd Mech Drive)



Manager

RECOMMENDATION:

Staff respectfully requests the City Council conduct a public hearing and approve a resolution accepting the proposal for the lease of land in the Donner Park Urban Renewal Area adjacent to 3200 2nd Mech Drive from the Armory Board, State of Iowa.

DISCUSSION:

The Army National Guard currently resides adjacent to the Airport at 3200 2nd Mech Drive. As part of the new Southbridge paving project, the Armory released some of the property for the new street right of way. In exchange, the Airport offered to lease them additional land (2.5 acres) just south of the Armory’s current facility. They plan to make site improvements includ-ing possibly adding additional parking on the land and installing new fencing around it. The Airport Board of Trustees approved this proposal at their meeting on February 14, 2013 and is recommending the City Council do the same. Since this location is in an urban renewal area we followed the urban renewal law and gave notice of intent on the lease to the Armory Board, State of Iowa. A public hearing date was set for April 15, 2013.

FINANCIAL IMPACT:

None RELATIONSHIP TO STRATEGIC PLAN:

Municipal Responsibility-Health and Safety ALTERNATIVES:

Not approve the lease, but staff does not recommend that. ATTACHMENTS:

Resolution Proposed Lease Agreement


RESOLUTION ACCEPTING THE PROPOSAL OF THE ARMORY BOARD, STATE OF IOWA FOR THE LEASE OF CERTAIN LAND IN THE DONNER PARK URBAN RENEWAL AREA AND AUTHORIZING LEASE OF SAID PROPERTY. (PROPERTY ADJACENT TO 3200 2ND MECH DRIVE)

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 Donner Park Urban Renewal Area; and WHEREAS, Chapter 403 of the Code of Iowa authorizes the City to invite proposals from all interested parties for the lease of land in an urban renewal area by publishing public notice of its intent to receive and accept any such proposal; and WHEREAS, the Armory Board, State of Iowa has submitted a proposal for the lease of the following described property in the Donner Park Urban Renewal Area:

A parcel of land located in the NW ¼ of the SW ¼ of Section 31, T-88N, R-47W of the 5th Principal Meridian, City of Sioux City, Woodbury County, Iowa. Said parcel being more particularly described as follows:

Commencing at the W ¼ corner of said Section 31; thence S 01º52’43” W (an assumed bearing) along the west line of the SW ¼ 504.20 feet; thence S 89º46’43” E 33.00 feet to the east R.O.W. line of Harbor Drive said point also being the point of beginning. Thence continuing S 89º46’43” E for 927.73 feet to the westerly R.O.W. line of Southbridge Drive; thence S 24º17’45” E along the westerly R.O.W. line of Southbridge Drive 125.30 feet; thence N 89º46’43” W 983.03 feet to the east R.O.W. line of Harbor Drive; thence N 01º52’43” E along said east R.O.W. line 114.05 feet to the Point of Beginning. Said parcel contains 2.500 acres; and

WHEREAS, pursuant to Resolution No. 2013-0152 passed and approved by the City Council on February 25, 2013, the City indicated its intent to accept said proposal of the Armory Board, State of Iowa, 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 proposal of the Armory Board, State of Iowa for the lease of said property and that accepting such proposal is in the public interests; and WHEREAS, a Lease Agreement has been prepared for the lease of said property pursuant to the terms of said proposal and should be approved as to form and content. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Lease Agreement attached hereto providing for the lease of said property to the Armory Board, State of Iowa is hereby approved as to form and content and the Mayor and City Clerk be and they are hereby authorized and directed to execute same for and on behalf of the City of Sioux City, Iowa.

BE IT FURTHER RESOLVED that upon receipt of the consideration fixed in said Lease Agreement that the Lease Agreement be delivered to the Armory Board, State of Iowa PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk





SUBJECT: Hearing and Resolution approving plans, specifications, and form of

contract for construction of the Palmetto Street Watermain Project.



Manager

RECOMMENDATION:

Staff respectfully requests that the City Council conduct a public hearing and approve the construction documents for the Palmetto Street Watermain Project.

DISCUSSION:

The City Engineering Division has completed plans and specifications for the Palmetto Street Watermain Project. As part of this project, about 871 feet of 2” watermain will be replaced with 444 feet of 8 inch DIP and 427 feet of 3 inch DIP. The plans have been approved by DNR, construction permit number 2013-0162W. A bid letting will take place Tuesday, April 16, 2013 a construction completion date of June 15, 2013.

FINANCIAL IMPACT:

This project was funded under the FY 2013 CIP 519-127, “Annual Emergency Watermain Re-placement”. The project currently has an available balance of $394,151.30 for construction.



ALTERNATIVES:

Council may wait to bid the project out next spring. This alternative is not recommended as contractors have indicated to City staff their availability for this construction season.

ATTACHMENTS:

Resolution

RESOLUTION NO. 2013 - ____________

RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND FORM OF CONTRACT FOR CONSTRUCTION OF THE PALMETTO STREET WATERMAIN PROJECT.

WHEREAS, on the 25th day of March, 2013 plans, specifications, form of contract and estimated cost were filed with the Clerk of Sioux City, Iowa, for construction of the Palmetto Street Watermain Project, within the corporate limits; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law; and WHEREAS, the City Council is advised and does believe that said plans, specifications, form of contract and estimated cost should be approved. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the plans, specifications, form of contract and estimated cost for the construction of the Palmetto Street Watermain Project be and the same are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk





SUBJECT: Hearing and Resolution approving plans, specifications, and form of

contract for construction of the Riverfront Sanitary Sewer Interceptor Cleaning Project.



Manager

RECOMMENDATION:

Staff respectfully requests that the City Council conduct a public hearing and approve the construction documents for the Riverfront Sanitary Sewer Interceptor Cleaning Project.

DISCUSSION:

The City Engineering Division has completed plans and specifications for the Riverfront Sani-tary Sewer Interceptor Cleaning Project. As part of this project, the sanitary sewer along I-29 from Myrtle Street to War Eagle will be cleaned of sediment. This is a maintenance item that has not been completed for a number of years due to access, size, and need for specialized equipment. A bid letting will take place Tuesday, April 16, 2013 a construction completion date of August 30, 2013.

FINANCIAL IMPACT:

This project is funded under the FY 2013 CIP 539-189, “Annual Sanitary Sewer Interceptor Cleaning”. The project currently has an available balance of $101,483.63 for construction. FY 2014 will also have $100,000.00 of available appropriation to use. FEMA will reimburse $75,000.00 towards this project.



ALTERNATIVES:

Council may wait to bid the project. This alternative is not recommended as it is felt that the improvement will help to resolve odor along I-29 and the need of a long term maintenance item for the sewer.

ATTACHMENTS:

Resolution

RESOLUTION NO. 2013 - ____________

RESOLUTION APPROVING PLANS, SPECIFICATIONS, AND FORM OF CONTRACT FOR CONSTRUCTION OF THE RIVERFRONT SANITARY SEWER INTERCEPTOR CLEANING PROJECT.

WHEREAS, on the 25th day of March, 2013 plans, specifications, form of contract and estimated cost were filed with the Clerk of Sioux City, Iowa, for construction of the Riverfront Sanitary Sewer Interceptor Cleaning Project, within the corporate limits; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law; and WHEREAS, the City Council is advised and does believe that said plans, specifications, form of contract and estimated cost should be approved. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the plans, specifications, form of contract and estimated cost for the construction of the Riverfront Sanitary Sewer Interceptor Cleaning Project be and the same are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk


CITY OF SIOUX CITY



FROM: Jeff Hanson, Community Development Operations Manager (AT)

SUBJECT: Hearing and Resolution adopting the Annual Plan for the Section 8 Hous-ing Choice Voucher Program and authorizing the City Manager to execute required assurances and certifications in connection therewith.



Manager

RECOMMENDATION:

Staff respectfully requests Council pass the above resolution. DISCUSSION:

The Sioux City Housing Authority is required to a hold a public meeting to discuss the Public Housing Authority’s (PHA’s) Annual Plan and receive public comments on the Plan each year. The Sioux City Housing Authority will incorporate any pertinent public comments from today’s hearing into the Final Plan. The Housing Authority has also received written comments from the Resident Advisory Board (RAB) on the Plan. The Housing Authority will use the public comments and RAB recommendations to revise the plan as necessary before final submis-sion to HUD. The completed Annual Plan is electronically submitted to HUD by the Sioux City Housing Au-thority in April, and it mails the signed certifications to HUD. HUD will review the plan and may request additional information or a revision to the Annual Plan from the Housing Authority. HUD will inform the Housing Authority when the plan is approved.

FINANCIAL IMPACT:

Future funding is subject to timely submission of the Annual Plan. RELATIONSHIP TO STRATEGIC PLAN:

Municipal Responsibility – Quality of Life Focus Area – Enhance Public / Private Partnerships # 7 Continue efforts to eliminate and prevent homelessness..

ALTERNATIVES:

None ATTACHMENTS:

Resolution PHA Annual Plan-Hard Copy

RESOLUTION NO. 2013 - ____________ with attachment

RESOLUTION ADOPTING THE ANNUAL PLAN FOR THE SECTION 8 HOUS-ING CHOICE VOUCHER PROGRAM AND AUTHORIZING THE CITY MAN-AGER TO EXECUTE REQUIRED ASSURANCES AND CERTIFICATIONS IN CONNECTION THEREWITH.

WHEREAS, the United States Department of Housing and Urban Development requires local Housing Authorities to adopt a written Annual Plan that establishes local policies for administra-tion of it programs; and WHEREAS, the Public Housing Reform Act necessitates reviewing and updating the Annual Plan for the Section 8 Housing Choice Voucher Program; and WHEREAS, a public hearing having been held on the Annual Plan for the Section 8 Housing Choice Voucher Program on the 15th day of April, 2013, a copy of which is on file in the office of the City Clerk and by this reference incorporated herein; and WHEREAS, the City Council having heard all proponents and objectors, is of the opinion that the Annual Plan for the Section 8 Housing Choice Voucher Program should be approved and adopted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the Annual Plan for the Section 8 Housing Choice Voucher Program, referred to in the preamble hereof, be and the same are approved and adopted. BE IT FURTHER RESOLVED, that the City Manager, be and he is hereby authorized to exe-cute such assurances and certifications required by the United States Department of Housing and Urban Development in connection with the Annual Plan for the Section 8 Housing Choice Voucher Program. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Com Dev\Section 8 Annual Hsg Choice Voucher Plan 2.Doc


CITY OF SIOUX CITY




SUBJECT: Hearing and Resolution approving proposal to grant a Temporary Ease-ment. (Vacated portion of the north/south alley abutting 1821 Douglas Street) (Petitioner: Robert Rehan on behalf of Ulises Colindres) (Purchase price: $15 plus costs)



Manager

RECOMMENDATION:


On the agenda for Monday is a resolution approving a proposal to grant a Temporary Ease-ment to Ulises Colindres. Presently the garage eave encroaches slightly into the alley right-of-way. The property is being sold and the mortgage company discovered the encroachment when reviewing documents related to the sale and mortgage. The Temporary Easement will alleviate the encroachment and the resulting cloud on the title to the property. The resolution on Monday’s agenda will grant a Temporary Easement to Ulises Colindres.

FINANCIAL IMPACT:



ALTERNATIVES:


Proposed Resolution Aerial


RESOLUTION APPROVING PROPOSAL TO GRANT A TEMPORARY EASEMENT. (VACATED PORTION OF THE NORTH/SOUTH ALLEY ABUTTING 1821 DOUGLAS STREET) (PETITIONER: ROBERT REHAN ON BEHALF OF ULISES COLINDRES) (PURCHASE PRICE: $15.00 PLUS COSTS).

WHEREAS, the City Council of the City of Sioux City, Iowa, set forth its proposal to grant a temporary easement in the following described real property in Resolution No. 2013-0269, passed and approved April 1, 2013:

That part of the east one foot of the vacated north/south alley in Block 14, Rose Hill Addition to Sioux City, as it abuts on the north ½ of Lot 2 of said Block 14, Woodbury County, Iowa; and

WHEREAS, a public hearing was held on said proposal on April 15, 2013, pursuant to published notice given as provided by law; and WHEREAS, the City Council has heard all the objections to said proposal, but believes the easement should be granted; and WHEREAS, the City Council has heretofore adopted an ordinance vacating the above described real property; and WHEREAS, a "Grant of Temporary Easement" has been prepared and is attached hereto and by this reference made a part hereof. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that all objections to the proposed "Grant of Temporary Easement" for the real estate described in the preamble hereof be, and the same are hereby overruled. BE IT FURTHER RESOLVED that the "Grant of Temporary Easement" in the above described real property be granted in accordance with the terms and conditions set forth therein. BE IT FURTHER RESOLVED that the "Grant of Temporary Easement" attached hereto be and the same is hereby approved as to form and content and the Mayor and City Clerk are authorized and directed to execute the same for and on behalf of the City of Sioux City, Iowa. BE IT FURTHER RESOLVED that upon receipt of the consideration fixed in said grant and the costs incurred that the grant be delivered to the purchasers. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Com Dev\Colindres Easement 2 (Adj To 1821 Douglas St).Doc

GRANT OF TEMPORARY EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the City of Sioux City, Iowa, a municipal corporation, in Woodbury County, Iowa, by its Mayor duly authorized as hereinafter set forth, does hereby grant unto Ulises Colindres their assigns and successors in interest, in consideration of one dollar and other valuable consideration, the right to use, enjoy and occupy the following described real estate situated in Sioux City, Woodbury County, Iowa, to-wit:

That part of the east one foot of the vacated north/south alley in Block 14, Rose Hill Addition to Sioux City, as it abuts on the north ½ of Lot 2 of said Block 14, Woodbury County, Iowa.

(Vacated portion of the north/south alley abutting 1821 Douglas Street)

subject to the following conditions limiting this Grant of Easement: 1. The City of Sioux City, Iowa, shall have the right of placing any and all improvements and/or

utilities for public purpose over, under and upon the property hereinbefore described without the consent of grantee(s) or their assigns or successors, and without obligation to said grantee(s).

2. This temporary easement is given and granted for encroachment purposes for a garage (herein

structure). This temporary easement is granted only for the period of time as the structure placed on the property described above shall be and remain in its present form. In the event of the removal, destruction or reconstruction of said structure not attributable general maintenance of said structure, this easement shall terminate and be of no further force and effect.

3. The temporary easement is granted only for such period of time as the above described real

property is not needed by the City of Sioux City, Iowa, for public right-of-way. As a further condition of the grant of this easement, the grantee(s) agree that in the event the above described real property is ever needed by the City of Sioux City, Iowa, for public right-of-way, the structure placed on the above described real property will be removed, upon the request of the City of Sioux City, Iowa at the expense of the grantee(s), their assigns and successors in interest.

4. This temporary easement is granted upon the condition that the grantee shall file in a timely

manner on behalf of the City, as grantor, the verified claim required under Section 614.24 of the Code of Iowa so as to preserve the reversionary interests of the City. Such verified claim is to be submitted sixty days prior to the expiration of each twenty-one year term (as described in said Section 614.24) to the City for approval as to form and content. The failure of the grantee to file said verified claim in a timely manner before the expiration of each twenty-one (21) year term shall serve as an automatic termination of this temporary easement.

5. Grantee(s) further agree that as a condition and consideration of granting the easement herein,

grantee(s) will indemnify and save harmless the City of Sioux City, Iowa, its officers, employees and agents from and against all loss or expense, including court costs and attorney's fees by reason of liability imposed by law upon the City of Sioux City, Iowa, its officers, employees or agents for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons, or on account of damage to property, both real and chattel, including the loss of use thereof, arising out of or in consequence of the use of the property for which the temporary easement is granted. This provision shall apply to any claim against the City of Sioux City, Iowa, for damages of whatever kind or description arising out of or in consequence of the granting of this temporary easement by the said City to the grantee(s), their heirs, successors and assigns.

6. That title to said above described real estate shall at all times remain in the City of Sioux City,

Iowa. This grant of easement is executed under and by virtue of the authority vested in the Mayor of Sioux City, Iowa, under the provision of Resolution No. 2013-_______, duly passed and approved on the 15th day of April, 2013, and subject to the terms and conditions thereof. IN WITNESS WHEREOF, the City of Sioux City, Iowa, has caused this instrument to be executed by the Mayor and the City of Sioux City, Iowa, with the seal of said City duly affixed and attested by the City Clerk and whose signatures are hereto affixed on the 15th day of April, 2013.

CITY OF SIOUX CITY, IOWA By: Robert E. Scott ATTEST: Mayor Lisa L. McCardle

City Clerk

STATE OF IOWA ) : ss WOODBURY COUNTY) On this 15th day of April, 2013, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robert E. Scott and Lisa L. McCardle, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Sioux City, Iowa; that the seal affixed to the foregoing instrument is the official seal of the City, and that the instrument was signed and sealed on behalf of the City, by authority of its City Council, as contained in Resolution No. 2013-_________ passed on the 15th day of April, 2013, and that Robert E. Scott and Lisa L. McCardle acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the City. BY: ___________________________ Notary Public in and for Iowa


CITY OF SIOUX CITY



FROM: Jeff Hanson, Community Development Operations Manager (BDN)

SUBJECT:

Ordinance amending the “Sioux City Main Street Self-Supported Munici-pal Improvement District” pursuant to the provisions of Chapter 386, Code of Iowa; providing for a revised district; the continued establish-ment of a revised operations fund; and the levy of annual taxes in con-nection therewith.



Manager

RECOMMENDATION:

Staff respectfully requests Council approve the attached ordinance which will renew the Downtown SSMID.

DISCUSSION:

On February 25, 2013 the City Council held a hearing on the Downtown Partners SMID pro-posal. That hearing discussed a slightly larger SSMID District (adding some area near 5th to 7th and Pearl to Wesley) with a single levy (2.25/1000). The attached Ordinance reflects the changes discussed on February 25, 2013. Previously, staff determined that the SSMID proposal met all technical requirements for ap-proval.

FINANCIAL IMPACT:

No direct impact. Funds generated by the SSMID are passed directly through to Downtown Partners.


Focus - Explore Destination Sioux City Municipal Responsibility - Progressive Leadership

ALTERNATIVES:

None recommended ATTACHMENTS:

Attachment A: Ordinance Attachment B: Map

Attachment A: Ordinance Prepared by: Nicole Jensen-Harris, P.O. Box 447, Sioux City, Iowa 51102 Telephone No. (712) 279-6318 After recording return to: City of Sioux City, Iowa, P.O. Box 447, Sioux City, Iowa 51102

ORDINANCE NO. 2013-_________

ORDINANCE AMENDING THE “SIOUX CITY MAIN STREET SELF-SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT” PURSUANT TO THE PROVISIONS OF CHAPTER 386, CODE OF IOWA; PROVIDING FOR A RE-VISED DISTRICT; THE CONTINUED ESTABLISHMENT OF A REVISED OP-ERATIONS FUND; AND THE LEVY OF ANNUAL TAXES IN CONNECTION THEREWITH

WHEREAS, the City of Sioux City in the County of Woodbury, State of Iowa, is authorized by Chapter 386, Code of Iowa (the “Act”), to create a self-supported municipal improvement dis-trict, as defined in the Act, in the City, to provide for the existence and operation of such district, to provide for improvements or self-liquidating improvements, as defined in the Act, for such dis-trict, to authorize and issue bonds for the purposes of such district and to levy such taxes as are authorized by the Act with respect to such district and to amend, from time to time, the ordi-nance establishing such district; and WHEREAS, there was filed with the City Clerk on December 12, 2012, a petition petitioning the City Council to amend the Sioux City Main Street Self-Supported Municipal Improvement District (the “District”) in accordance with the Act, to establish an operations fund with respect to the District and in accordance with the Act and to levy an annual tax for such fund in accordance with the Act; and WHEREAS, the petition was in all ways in complete compliance with the provisions of the Act; and WHEREAS, upon receipt of such petition, the City Council did on January 7, 2013, refer such petition to the City Plan and Zoning Commission in accordance with the Act with instructions to such Commission to prepare an evaluative report for the Council on the merits and feasibility of the project proposed in the petition; and WHEREAS, the City Plan and Zoning Commission has filed with the City Council such evalua-tive report on the merits and feasibility of the project proposed in the petition, all in accordance with the Act; and

WHEREAS, subsequent to the filing of the aforementioned report, the Council did set the 25th day of February, 2013, at 4:00 o’clock P.M. in the City Council Chambers, in the City, as the time and place for a meeting at which it proposed to take action for the amendment of the Dis-trict and did in accordance with the Act publish notice of such meeting as provided in Section 362.3 of the Code of Iowa, and the clerk did mail written notice of such meeting to each owner of property within the District, which notice was mailed to such property owners by certified mail not less than fifteen days before such meeting; and WHEREAS, at the aforementioned time and place, the Council did meet and hear owners of property in the District or residents of the City desiring to express their views with respect to the amendment of the District; and WHEREAS, no petition has been filed with the City Clerk containing the signatures of at least twenty-five percent (25%) of all owners of property within the District or signatures which to-gether represent ownership of property with an assessed value of twenty-five percent (25%) or more of the assessed value of all property within the District seeking to have the entire matter of amending the District withdrawn from Council consideration; and WHEREAS, more than thirty days have passed since the holding of the public hearing referred to above and the Council may now proceed with the amendment to the Sioux City Main Street Self-Supported Municipal Improvement District in accordance with the Act. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA: Section 1: Section 26.34.020 of the Sioux City Municipal Code is amended to read as follows: 26.34.020 Boundaries of zones. The District shall include all of the property legally described as follows: Benefit Zone A: Beginning at the intersection of the centerline of Pierce Street with the center-line of Gordon Drive; thence North along the centerline of Pierce Street to the intersection of the centerline of 3rd Street; thence West along the centerline of 3rd Street to the intersection with the centerline of Pearl Street; thence North along the centerline of Pearl Street to the intersection with the extended centerline of the east-west alley in Block 37, Sioux City East Addition; thence East along the extended centerline of said alley and the centerlines of the east-west alleys in Blocks 37, 38, and 39, Sioux City East Addition and the centerline extended to the centerline of Nebraska Street; thence South along the centerline of Nebraska Street to the intersection with the centerline 6th Street; thence East along the centerline of 6th Street to the intersection with the centerline of Jones Street; thence South along the centerline of Jones Street and vacated Jones Street to intersection with the extended centerline of the vacated East/West alley in Block 12, Sioux City East Addition; thence West along the extended centerline of said vacated alley to the intersection with the centerline of the vacated north-south alley in said Block 12; thence South along the centerline of said vacated north-south alley to the intersection with the centerline of 5th Street; thence East along the centerline of 5th Street to the intersection with the centerline of Jennings Street; thence South along the centerline or Jennings Street to the intersection of the extended centerline of the east-west alley in Block 34, Middle Sioux City Addition; thence East along the extended centerline and the centerline of said east-west alley to the centerline of Iowa Street; thence South along the centerline of Iowa Street to the centerline of 3rd Street; thence West along the centerline of 3rd Street to the centerline of Jackson Street; thence South along the centerline of Jackson Street to the intersection with the extended South line of Block 25, Sioux City East Addition; thence East along the extended South line of said Block 25 and the South line of said Block 25 to the intersection with the West line of vacated Jones Street; thence

South along the West line of vacated Jones Street and said West line extended to the intersec-tion with the centerline of Gordon Drive; thence West along the centerline of Gordon Drive to the point of beginning, all in the City of Sioux City, Woodbury County, Iowa. Benefit Zone B: That part of the Sioux City Main Street Self-supported Municipal Improvement District not included in Benefit Zone A thereof, more particularly described as follows: Beginning at the intersection of the centerlines of 3rd Street and Virginia Street; thence South along the centerline of Virginia Street to the extended center line of the east-west alley in Block 9 of Middle Sioux City Addition; thence West along the centerline of said east-west alley to the centerline of vacated Jennings Street; thence South along the centerline of Jennings Street to the centerline of Gordon Drive; thence East along the centerline of Gordon Drive to the extend-ed centerline of the north-south alley in Block 38 of East Sioux City Addition; thence North along the centerline of said north-south alley to the extended north line of Lot 1 of Block 6 of Middle Sioux City Addition; thence East along said north lot line to the centerline of Virginia Street; thence South along the centerline of Virginia Street and said centerline extended to the center-line of the Missouri River; thence Westerly along the centerline of the Missouri River to the ex-tended centerline of Wesley Parkway; thence Northerly along said extended centerline and the centerline of Wesley Parkway to the intersection of the centerline of 5th Street; thence East to the intersection of the centerline of Water Street; thence South along the centerline of Water Street to the intersection with the extended north line and the north line of the east-west alley in Block 18, Sioux City East Addition; thence East along said north line extended and the north line to the intersection with the centerline of Pearl Street; thence South along the centerline of Pearl Street to the intersection with the centerline of 3rd Street; thence East along the centerline of 3rd Street to the intersection with the centerline of Pierce Street; thence South along the centerline of Pierce Street to the intersection with the centerline of Gordon Drive; thence East along the centerline of Gordon Drive to the centerline of the vacated Jones Street; thence North along the centerline of the vacated Jones Street to intersection with the Burlington Northern/Santa Fe rail-road line formerly known as 2nd Street; thence West along the centerline of said railroad line to the intersection with the centerline extended of Jackson Street; thence north along the center-line of Jackson Street to the centerline of 3rd Street; thence East along the centerline of 3rd Street to the point of the beginning; And including, That part of the Sioux City Main Street Self-supported Municipal Improvement District not in-cluded in Benefit Zone A thereof, more particularly described as follows: Beginning at the intersection of the center lines of 6th Street and Pearl Street; thence West along the centerline of 6th Street to the extended west line of the north-south alley in Block 6, Sioux City East Addition; thence North along said the west line extended of said north-south al-ley to the intersection of the centerline of 7th Street; thence West along the centerline of 7th Street to the intersection with the centerline of Water Street; thence North along the centerline of Water Street to the intersection with the centerline of West 6th Street; thence Westerly along the centerline of 6th Street to the intersection with the centerline of the vacated Perry Street now known as Perry Creek; thence Northerly along the centerline of Perry Creek to the intersection with the centerline of West 7th Street; thence Easterly along the centerline of West 7th Street to the intersection with the centerline of Pearl Street; thence South along the centerline of Pearl Street to the point of the beginning; And including, That part of the Sioux City Main Street Self-supported Municipal Improvement District not in-cluded in Benefit Zone A thereof, more particularly described as follows: Beginning at the intersection of the centerlines of 8th Street and Pearl Street; thence East along the centerline of 8th Street to the extended west line of the north-south alley in Block 40, Sioux City East Addition; thence South on said extended west line of said north-south alley to the intersection of the centerline of 7th Street; thence East on the centerline of 7th Street to the intersection of the centerline of Jones Street; thence South along the centerline of Jones Street to the centerline of 6th Street; thence West along the centerline of 6th Street to the centerline of

Nebraska Street; thence North along the centerline of Nebraska Street to the centerline extend-ed and the centerline of the east-west alley in Block 39, Sioux City East Addition; thence West along the extended centerline of said east-west alley to the centerline of Pearl Street; thence North along the centerline of Pearl Street to the point of the beginning; And including, That part of the Sioux City Main Street Self-supported Municipal Improvement District not in-cluded in Benefit Zone A thereof, more particularly described as follows: Beginning at the intersection of the centerlines of 5th Street and Jennings Street; thence North along the centerline of Jennings Street to the intersection of the centerline of 6th Street; thence East along the centerline of 6th Street to the intersection with the centerline of Virginia Street; thence South along the centerline of Virginia Street to the intersection of the centerline of 5th Street; thence East along the centerline of 5th Street to intersection with the extension of a point 50.0 feet east of the east line of Iowa Street; thence North to the intersection with the centerline of the east-west alley in Block 40, Middle Sioux City Addition; thence East along the centerline of said east-west alley to the intersection with the centerline of the north-south alley in said Block 40; thence south along the centerline of said north-south alley to the intersection with the centerline of 5th Street; thence East along the centerline of 5th Street to the centerline of Floyd Boulevard; thence South along the centerline of Floyd Boulevard to the intersection of the cen-terline of 4th Street; thence West along the centerline of 4th Street to the intersection of the cen-terline of Iowa Street; thence North along the centerline of Iowa Street to the centerline and the centerline extended of the east-west alley in Block 32, Middle Sioux City Addition; thence West along the extended centerline of said alley to the intersection with the centerline of Jennings Street; thence North along the centerline of Jennings Street to the point of the beginning; all in the City of Sioux City, Woodbury County, Iowa. Benefit Zone C: Beginning at the intersection of the centerlines of 4th Street and Floyd Boulevard; thence west along the centerline of 4th Street to the centerline of 4th Street and Io-wa Street; thence south to the centerline of 3rd Street and Iowa Street to the centerline of 3rd Street and Virginia Street; thence South along the centerline of Virginia Street to the extended center line of the east-west alley in Block 9 of Middle Sioux City Addition; thence West along the centerline of said east-west alley to the centerline of vacated Jennings Street; thence South along the centerline of Jennings Street to the centerline of Gordon Drive; thence East along the centerline of Gordon Drive to the extended centerline of the north-south alley in Block 38 of East Sioux City Addition; thence North along the centerline of said north-south alley to the extended north line of Lot 1 of Block 6 of Middle Sioux City Addition; thence East along said north lot line to the centerline of Virginia Street; thence South along the centerline of Virginia Street and said centerline extended to the centerline of the Missouri River; thence westerly along the centerline of the Missouri River to the extended centerline of Wesley Parkway; thence Northerly along said extended centerline and the centerline of Wesley Parkway to the intersection of the centerline of West 7th Street; thence easterly along the centerline of West 7th Street to the intersection with the centerline of 8th Street and Pearl Street; thence easterly along the centerline of 8th Street to the extended west line of the north-south alley in Block 40,Sioux City East Addition; thence South on said extended west line of said north-south alley to the intersection of the centerline of 7th Street; thence East on the centerline of 7th Street to the intersection of the centerline of Jones Street; thence South along the centerline of Jones Street to the centerline of the vacated East/West alley in Block 12, Sioux City East Addition; thence West along the extended center-line of said vacated alley to the intersection with the centerline of the vacated north-south alley in said Block 12; thence South along the centerline of said vacated north-south alley to the in-tersection with the centerline of 5th Street; thence East along the centerline of 5th Street to the intersection with the centerline of Jennings Street; thence North along the centerline of Jennings Street to the intersection of the centerline of 6th Street; thence East along the centerline of 6th Street to the intersection with the centerline of Virginia Street; thence South along the centerline of Virginia Street to the intersection of the centerline of 5th Street; thence East along the center-line of 5th Street to intersection with the extension of a point 50.0 feet east of the east line of

Iowa Street; thence North to the intersection with the centerline of the east-west alley in Block 40, Middle Sioux City Addition; thence East along the centerline of said east-west alley to the intersection with the centerline of the north-south alley in said Block 40; thence south along the centerline of said north-south alley to the intersection with the centerline of 5th Street; thence East along the centerline of 5th Street to the centerline of Floyd Boulevard; thence South along the centerline of Floyd Boulevard to the point of the beginning, all in the City of Sioux City, Woodbury County, Iowa. Section 2: Section 26.34.040 of the Sioux City Municipal Code is amended to read as follows: 26.34.040 Operation fund established. Pursuant to the provisions of the Act, there is hereby established and created a self-supported improvement district operation fund, which shall be known as the “Sioux City Main Street Self-Supported Municipal Improvement District Operation Fund” (the “Operation Fund”), for which Operation Fund the City may certify taxes (the “Opera-tion Tax”) against the property, as defined in the Act (excluding property assessed as residential property for property tax purposes) within the District (the “Property”) each year, in addition to all other taxes commencing with the levy of taxes for collection in the fiscal year beginning July 1, 2008 2013 and continuing for four (4) additional years, for the purpose of paying the administra-tive expenses of the District, including but not limited to administrative personnel salaries, a separate administrative office, planning costs including consultation fees, engineering fees, ar-chitectural fees and legal fees and all other expenses reasonably associated with the admin-istration of the District and the fulfilling of its purposes. The Operation Tax may also be used for the purpose of paying part or all of the maintenance expenses of “improvements” or “self-liquidating improvements”, as defined in and to the extent authorized by the Act, for a period of five (5) years. Section 3: Section 26.34.050 of the Sioux City Municipal Code is amended to read as follows: 26.34.050 Tax levy. The Operation Tax, as provided in Section 26.34.040 hereof, shall be lev-ied annually upon the Property within Main Street Benefit Zone A, Zone B and Zone C and shall not exceed Two dollars and twenty-five cents ($2.25) per thousand dollars ($1,000) of taxable value of the property in any one year, in addition to all other taxes, in each of the fiscal years beginning July 1, 2013, July 1, 2014, July 1, 2015, July 1, 2016 and July 1, 2017 and shall not exceed Two dollars and Sixty cents ($2.60) per thousand dollars ($1,000) of taxable value of the property in any one year, in addition to all other taxes, in each of the fiscal years beginning July 1, 2008, July 1, 2009, July 1, 2010, July 1, 2011, and July 1, 2012; and within Main Street Bene-fit Zone B, and shall not exceed Two dollars and Twenty-five cents ($2.25) per thousand dollars ($1,000) of taxable value of the property in any one year, in addition to all other taxes, in each of the fiscal years beginning July 1, 2008, July 1, 2009, July 1, 2010, July 1, 2011 and July 1, 2012. Section 4: From and after the effective date of this ordinance, the City Clerk shall cause a copy of this ordinance to be filed in the office the County Recorder of Woodbury County. Section 5: The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance, which can be given effect without such invalid part or parts.

Section 6: This ordinance shall be in full force and effect on July 1, 2013. PASSED AND APPROVED: _____________________________ Robert E. Scott, Mayor ATTEST: __________________________________ Lisa L. McCardle, City Clerk I hereby certify the foregoing was published in the Sioux City Journal on ________________, 2013. ______________________________________ Lisa L. McCardle, City Clerk

________________________________________________________________________________ Prepared by: Nicole Jensen-Harris, P.O. Box 447, Sioux City, Iowa 51102 Telephone No. (712) 279-6318 After recording return to: City of Sioux City, Iowa, P.O. Box 447, Sioux City, Iowa 51102

ORDINANCE NO. 2013 - ____________

ORDINANCE AMENDING THE “SIOUX CITY MAIN STREET SELF-SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT” PURSUANT TO THE PROVISIONS OF CHAPTER 386, CODE OF IOWA; PROVIDING FOR A RE-VISED DISTRICT; THE CONTINUED ESTABLISHMENT OF A REVISED OP-ERATIONS FUND; AND THE LEVY OF ANNUAL TAXES IN CONNECTION THEREWITH

WHEREAS, the City of Sioux City in the County of Woodbury, State of Iowa, is authorized by Chapter 386, Code of Iowa (the “Act”), to create a self-supported municipal improvement dis-trict, as defined in the Act, in the City, to provide for the existence and operation of such district, to provide for improvements or self-liquidating improvements, as defined in the Act, for such dis-trict, to authorize and issue bonds for the purposes of such district and to levy such taxes as are authorized by the Act with respect to such district and to amend, from time to time, the ordi-nance establishing such district; and WHEREAS, there was filed with the City Clerk on December 12, 2012, a petition petitioning the City Council to amend the Sioux City Main Street Self-Supported Municipal Improvement District (the “District”) in accordance with the Act, to establish an operations fund with respect to the District and in accordance with the Act and to levy an annual tax for such fund in accordance with the Act; and WHEREAS, the petition was in all ways in complete compliance with the provisions of the Act; and WHEREAS, upon receipt of such petition, the City Council did on January 7, 2013, refer such petition to the City Plan and Zoning Commission in accordance with the Act with instructions to such Commission to prepare an evaluative report for the Council on the merits and feasibility of the project proposed in the petition; and WHEREAS, the City Plan and Zoning Commission has filed with the City Council such evalua-tive report on the merits and feasibility of the project proposed in the petition, all in accordance with the Act; and

WHEREAS, subsequent to the filing of the aforementioned report, the Council did set the 25th day of February, 2013, at 4:00 o’clock P.M. in the City Council Chambers, in the City, as the time and place for a meeting at which it proposed to take action for the amendment of the Dis-trict and did in accordance with the Act publish notice of such meeting as provided in Section 362.3 of the Code of Iowa, and the clerk did mail written notice of such meeting to each owner of property within the District, which notice was mailed to such property owners by certified mail not less than fifteen days before such meeting; and WHEREAS, at the aforementioned time and place, the Council did meet and hear owners of property in the District or residents of the City desiring to express their views with respect to the amendment of the District; and WHEREAS, no petition has been filed with the City Clerk containing the signatures of at least twenty-five percent (25%) of all owners of property within the District or signatures which to-gether represent ownership of property with an assessed value of twenty-five percent (25%) or more of the assessed value of all property within the District seeking to have the entire matter of amending the District withdrawn from Council consideration; and WHEREAS, more than thirty days have passed since the holding of the public hearing referred to above and the Council may now proceed with the amendment to the Sioux City Main Street Self-Supported Municipal Improvement District in accordance with the Act. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA: Section 1: Section 26.34.020 of the Sioux City Municipal Code is amended to read as follows: 26.34.020 Boundaries of zones. The District shall include all of the property legally described as follows: Benefit Zone A: Beginning at the intersection of the centerline of Pierce Street with the center-line of Gordon Drive; thence North along the centerline of Pierce Street to the intersection of the centerline of 3rd Street; thence West along the centerline of 3rd Street to the intersection with the centerline of Pearl Street; thence North along the centerline of Pearl Street to the intersection with the extended centerline of the east-west alley in Block 37, Sioux City East Addition; thence East along the extended centerline of said alley and the centerlines of the east-west alleys in Blocks 37, 38, and 39, Sioux City East Addition and the centerline extended to the centerline of Nebraska Street; thence South along the centerline of Nebraska Street to the intersection with the centerline 6th Street; thence East along the centerline of 6th Street to the intersection with the centerline of Jones Street; thence South along the centerline of Jones Street and vacated Jones Street to intersection with the extended centerline of the vacated East/West alley in Block 12, Sioux City East Addition; thence West along the extended centerline of said vacated alley to the intersection with the centerline of the vacated north-south alley in said Block 12; thence South along the centerline of said vacated north-south alley to the intersection with the centerline of 5th Street; thence East along the centerline of 5th Street to the intersection with the centerline of Jennings Street; thence South along the centerline or Jennings Street to the intersection of the extended centerline of the east-west alley in Block 34, Middle Sioux City Addition; thence East along the extended centerline and the centerline of said east-west alley to the centerline of Iowa Street; thence South along the centerline of Iowa Street to the centerline of 3rd Street; thence West along the centerline of 3rd Street to the centerline of Jackson Street; thence South along the centerline of Jackson Street to the intersection with the extended South line of Block 25, Sioux City East Addition; thence East along the extended South line of said Block 25 and the South line of said Block 25 to the intersection with the West line of vacated Jones Street; thence

South along the West line of vacated Jones Street and said West line extended to the intersec-tion with the centerline of Gordon Drive; thence West along the centerline of Gordon Drive to the point of beginning, all in the City of Sioux City, Woodbury County, Iowa. Benefit Zone B: That part of the Sioux City Main Street Self-supported Municipal Improvement District not included in Benefit Zone A thereof, more particularly described as follows: Beginning at the intersection of the centerlines of 3rd Street and Virginia Street; thence South along the centerline of Virginia Street to the extended center line of the east-west alley in Block 9 of Middle Sioux City Addition; thence West along the centerline of said east-west alley to the centerline of vacated Jennings Street; thence South along the centerline of Jennings Street to the centerline of Gordon Drive; thence East along the centerline of Gordon Drive to the extend-ed centerline of the north-south alley in Block 38 of East Sioux City Addition; thence North along the centerline of said north-south alley to the extended north line of Lot 1 of Block 6 of Middle Sioux City Addition; thence East along said north lot line to the centerline of Virginia Street; thence South along the centerline of Virginia Street and said centerline extended to the center-line of the Missouri River; thence Westerly along the centerline of the Missouri River to the ex-tended centerline of Wesley Parkway; thence Northerly along said extended centerline and the centerline of Wesley Parkway to the intersection of the centerline of 5th Street; thence East to the intersection of the centerline of Water Street; thence South along the centerline of Water Street to the intersection with the extended north line and the north line of the east-west alley in Block 18, Sioux City East Addition; thence East along said north line extended and the north line to the intersection with the centerline of Pearl Street; thence South along the centerline of Pearl Street to the intersection with the centerline of 3rd Street; thence East along the centerline of 3rd Street to the intersection with the centerline of Pierce Street; thence South along the centerline of Pierce Street to the intersection with the centerline of Gordon Drive; thence East along the centerline of Gordon Drive to the centerline of the vacated Jones Street; thence North along the centerline of the vacated Jones Street to intersection with the Burlington Northern/Santa Fe rail-road line formerly known as 2nd Street; thence West along the centerline of said railroad line to the intersection with the centerline extended of Jackson Street; thence north along the center-line of Jackson Street to the centerline of 3rd Street; thence East along the centerline of 3rd Street to the point of the beginning; And including, That part of the Sioux City Main Street Self-supported Municipal Improvement District not in-cluded in Benefit Zone A thereof, more particularly described as follows: Beginning at the intersection of the center lines of 6th Street and Pearl Street; thence West along the centerline of 6th Street to the extended west line of the north-south alley in Block 6, Sioux City East Addition; thence North along said the west line extended of said north-south al-ley to the intersection of the centerline of 7th Street; thence West along the centerline of 7th Street to the intersection with the centerline of Water Street; thence North along the centerline of Water Street to the intersection with the centerline of West 6th Street; thence Westerly along the centerline of 6th Street to the intersection with the centerline of the vacated Perry Street now known as Perry Creek; thence Northerly along the centerline of Perry Creek to the intersection with the centerline of West 7th Street; thence Easterly along the centerline of West 7th Street to the intersection with the centerline of Pearl Street; thence South along the centerline of Pearl Street to the point of the beginning; And including, That part of the Sioux City Main Street Self-supported Municipal Improvement District not in-cluded in Benefit Zone A thereof, more particularly described as follows: Beginning at the intersection of the centerlines of 8th Street and Pearl Street; thence East along the centerline of 8th Street to the extended west line of the north-south alley in Block 40, Sioux City East Addition; thence South on said extended west line of said north-south alley to the intersection of the centerline of 7th Street; thence East on the centerline of 7th Street to the intersection of the centerline of Jones Street; thence South along the centerline of Jones Street to the centerline of 6th Street; thence West along the centerline of 6th Street to the centerline of

Nebraska Street; thence North along the centerline of Nebraska Street to the centerline extend-ed and the centerline of the east-west alley in Block 39, Sioux City East Addition; thence West along the extended centerline of said east-west alley to the centerline of Pearl Street; thence North along the centerline of Pearl Street to the point of the beginning; And including, That part of the Sioux City Main Street Self-supported Municipal Improvement District not in-cluded in Benefit Zone A thereof, more particularly described as follows: Beginning at the intersection of the centerlines of 5th Street and Jennings Street; thence North along the centerline of Jennings Street to the intersection of the centerline of 6th Street; thence East along the centerline of 6th Street to the intersection with the centerline of Virginia Street; thence South along the centerline of Virginia Street to the intersection of the centerline of 5th Street; thence East along the centerline of 5th Street to intersection with the extension of a point 50.0 feet east of the east line of Iowa Street; thence North to the intersection with the centerline of the east-west alley in Block 40, Middle Sioux City Addition; thence East along the centerline of said east-west alley to the intersection with the centerline of the north-south alley in said Block 40; thence south along the centerline of said north-south alley to the intersection with the centerline of 5th Street; thence East along the centerline of 5th Street to the centerline of Floyd Boulevard; thence South along the centerline of Floyd Boulevard to the intersection of the cen-terline of 4th Street; thence West along the centerline of 4th Street to the intersection of the cen-terline of Iowa Street; thence North along the centerline of Iowa Street to the centerline and the centerline extended of the east-west alley in Block 32, Middle Sioux City Addition; thence West along the extended centerline of said alley to the intersection with the centerline of Jennings Street; thence North along the centerline of Jennings Street to the point of the beginning; all in the City of Sioux City, Woodbury County, Iowa. Benefit Zone C: Beginning at the intersection of the centerlines of 4th Street and Floyd Boulevard; thence west along the centerline of 4th Street to the centerline of 4th Street and Io-wa Street; thence south to the centerline of 3rd Street and Iowa Street to the centerline of 3rd Street and Virginia Street; thence South along the centerline of Virginia Street to the extended center line of the east-west alley in Block 9 of Middle Sioux City Addition; thence West along the centerline of said east-west alley to the centerline of vacated Jennings Street; thence South along the centerline of Jennings Street to the centerline of Gordon Drive; thence East along the centerline of Gordon Drive to the extended centerline of the north-south alley in Block 38 of East Sioux City Addition; thence North along the centerline of said north-south alley to the extended north line of Lot 1 of Block 6 of Middle Sioux City Addition; thence East along said north lot line to the centerline of Virginia Street; thence South along the centerline of Virginia Street and said centerline extended to the centerline of the Missouri River; thence westerly along the centerline of the Missouri River to the extended centerline of Wesley Parkway; thence Northerly along said extended centerline and the centerline of Wesley Parkway to the intersection of the centerline of West 7th Street; thence easterly along the centerline of West 7th Street to the intersection with the centerline of 8th Street and Pearl Street; thence easterly along the centerline of 8th Street to the extended west line of the north-south alley in Block 40,Sioux City East Addition; thence South on said extended west line of said north-south alley to the intersection of the centerline of 7th Street; thence East on the centerline of 7th Street to the intersection of the centerline of Jones Street; thence South along the centerline of Jones Street to the centerline of the vacated East/West alley in Block 12, Sioux City East Addition; thence West along the extended center-line of said vacated alley to the intersection with the centerline of the vacated north-south alley in said Block 12; thence South along the centerline of said vacated north-south alley to the in-tersection with the centerline of 5th Street; thence East along the centerline of 5th Street to the intersection with the centerline of Jennings Street; thence North along the centerline of Jennings Street to the intersection of the centerline of 6th Street; thence East along the centerline of 6th Street to the intersection with the centerline of Virginia Street; thence South along the centerline of Virginia Street to the intersection of the centerline of 5th Street; thence East along the center-line of 5th Street to intersection with the extension of a point 50.0 feet east of the east line of

Iowa Street; thence North to the intersection with the centerline of the east-west alley in Block 40, Middle Sioux City Addition; thence East along the centerline of said east-west alley to the intersection with the centerline of the north-south alley in said Block 40; thence south along the centerline of said north-south alley to the intersection with the centerline of 5th Street; thence East along the centerline of 5th Street to the centerline of Floyd Boulevard; thence South along the centerline of Floyd Boulevard to the point of the beginning, all in the City of Sioux City, Woodbury County, Iowa. Section 2: Section 26.34.040 of the Sioux City Municipal Code is amended to read as follows: 26.34.040 Operation fund established. Pursuant to the provisions of the Act, there is hereby established and created a self-supported improvement district operation fund, which shall be known as the “Sioux City Main Street Self-Supported Municipal Improvement District Operation Fund” (the “Operation Fund”), for which Operation Fund the City may certify taxes (the “Opera-tion Tax”) against the property, as defined in the Act (excluding property assessed as residential property for property tax purposes) within the District (the “Property”) each year, in addition to all other taxes commencing with the levy of taxes for collection in the fiscal year beginning July 1, 2013 and continuing for four (4) additional years, for the purpose of paying the administrative expenses of the District, including but not limited to administrative personnel salaries, a sepa-rate administrative office, planning costs including consultation fees, engineering fees, architec-tural fees and legal fees and all other expenses reasonably associated with the administration of the District and the fulfilling of its purposes. The Operation Tax may also be used for the pur-pose of paying part or all of the maintenance expenses of “improvements” or “self-liquidating improvements”, as defined in and to the extent authorized by the Act, for a period of five (5) years. Section 3: Section 26.34.050 of the Sioux City Municipal Code is amended to read as follows: 26.34.050 Tax levy. The Operation Tax, as provided in Section 26.34.040 hereof, shall be lev-ied annually upon the Property within Main Street Benefit Zone A, Zone B and Zone C and shall not exceed Two dollars and twenty-five cents ($2.25) per thousand dollars ($1,000) of taxable value of the property in any one year, in addition to all other taxes, in each of the fiscal years beginning July 1, 2013, July 1, 2014, July 1, 2015, July 1, 2016 and July 1, 2017. Section 4: From and after the effective date of this ordinance, the City Clerk shall cause a copy of this ordinance to be filed in the office the County Recorder of Woodbury County. Section 5: The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance, which can be given effect without such invalid part or parts.

Section 6: This ordinance shall be in full force and effect on July 1, 2013. PASSED BY THE CITY COUNCIL ON, AND APPROVED ON: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk I hereby certify that the foregoing was published in the Sioux City Journal on April 20, 2013

Lisa L. McCardle, City Clerk

Attachment B: Map

X Regular Session Study Session Closed Session

CITY OF SIOUX CITY



FROM: Darrel Bullock, Code Enforcement Manager

SUBJECT:

Resolution amending Resolution No. 2012-0484 relating to the hearing on Manager’s Report on Demolition of and Resolution declaring a certain structure to be dangerous or dilapidated as defined by the Municipal Code and authorizing the City Manager to carry out such order to demol-ish said structure by authorizing a 90 day delay in demolition. (Address: 1301 Hill Avenue) (Property Owner: Blue Sky Rentals LLC)



Manager

RECOMMENDATION:

Staff respectively requests the City Council approve the proposed Resolution. DISCUSSION:

The placarded structure located at 1301 Hill Avenue was ordered to be demolished at the July 19, 2012 Placard Hearing. The previous owner was not in attendance and failed to respond to notifications resulting in the demolition order. Since the Placard Hearing, Blue Sky Rentals LLC has acquired the property. Blue Sky Rentals LLC has presented to staff requested documentation and a $10,000.00 Ca-hiers Check. Staff recommends a 90 day Stay of Demolition with Bond.

FINANCIAL IMPACT:

Demolition funds will be expended on other more seriously dilapidated structures. RELATIONSHIP TO STRATEGIC PLAN:

Improve the appearance of City neighborhoods, housing, and major corridors. ALTERNATIVES:

Council may require staff to continue with demolition order. ATTACHMENTS:

Resolution

______________________________________________________________________________ Prepared by: Nicole Jensen-Harris, P.O. Box 447, Sioux City, Iowa 51102 Telephone No. (712) 279-6318 After recording return to: City of Sioux City, Iowa, P.O. Box 447, Sioux City, Iowa 51102 Grantor: City of Sioux City, Iowa Grantee: Blue Sky Rentals LLC

RESOLUTION NO. 2013 - ____________

RESOLUTION AMENDING RESOLUTION NO. 2012-0484 RELATING TO THE HEARING ON MANAGER’S REPORT ON DEMOLITION OF AND RESOLU-TION DECLARING A CERTAIN STRUCTURE TO BE DANGEROUS OR DI-LAPIDATED AS DEFINED BY THE MUNICIPAL CODE AND AUTHORIZING THE CITY MANAGER TO CARRY OUT SUCH ORDER TO DEMOLISH SAID STRUCTURE BY AUTHORIZING A 90 DAY DELAY IN DEMOLITION. (AD-DRESS: 1301 HILL AVENUE) (PROPERTY OWNER: BLUE SKY RENTALS LLC)

WHEREAS, due, proper and timely notice has been given to all parties in interest concerning the following property:

1301 Hill Avenue legally described as Lot 13, Block 1 and vacated E 10 ft Wall Street abutting, Boulevard Park Addition,

Sioux City, Woodbury County, Iowa; and WHEREAS, said notice was served as set out in the Municipal Code; and WHEREAS, on July 19, 2012, pursuant to Resolution No. 2012-0484, said structure was de-clared a dangerous or dilapidated structures as defined in the Municipal Code and ordered de-molished; and WHEREAS, since July 19, 2012, said structure has been sold; and WHEREAS, the City Council is advised and does believe that said Resolution No. 2012-0484 should be amended to give the new owner 90 days to complete the required repairs and have the placard removed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Resolution No. 2012-0484 be amended to permit the new owner 90 days from the date of this resolution to complete the required repairs of the property at 1301 Hill Avenue. BE IT FURTHER RESOLVED that the owners execute and deliver to the City an Agreement and Bond in compliance with Section 20.06.110 of the Sioux City Municipal Code. If the Owner completes the repairs and rehabilitation of the above described property in accordance with the said Agreement and Section 20.06.110, the City Manager may forego demolition of said struc-ture. If the Owner violates the terms and provisions of the Agreement, the City Manager shall immediately proceed to demolish said structure. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Com Dev\Demolition Hearing (1301 Hill Ave - Amended).Doc

AGREEMENT This Agreement made by and between the City of Sioux City, Iowa, a municipal corporation, (herein “City”) and Blue Sky Rentals LLC, (herein “Owner”)

RECITALS WHEREAS, Owner is the owner of 1301 Hill Ave which has been red-tagged by the City of Sioux City, Iowa, and is more particularly described as Lot 13, Block 1 and vacated E 10 ft Wall Street abutting, Boulevard Park Addition, Sioux City, Woodbury County, Iowa; and WHEREAS, a hearing was held before the City Council on July 19, 2012 on the Manager’s Re-port on Demolition of and Resolution declaring said structure to be dangerous and dilapidated and directing the City Manager to demolition the structure; and WHEREAS, since July 19, 2012, said structure has been sold; and WHEREAS, the new Owner has requested additional time to bring the said structure up to city code; and WHEREAS, pursuant to Resolution No. 2013-___________, passed and approved April 15, 2013, the City is willing to grant additional time to repair and rehabilitate the structure under the following terms and conditions:

AGREEMENT 1. The Owner agrees to make all necessary repairs to the above described premises within

90 days of April 15, 2013. The repairs required are set forth on the attached document la-beled Exhibit “A”.

2. The Owner, by this document, does hereby authorize and permit the City to enter onto

the premises described above and demolition the structure without further notice or fur-ther hearing being granted to the Owner in the event the repairs that are required to be made as set forth on Exhibit “A” are not completed within the said 90 days or if, in the opinion of the City, substantial progress towards the completion of the repairs have not been achieved in the 90 days that have been granted herein by the City to complete re-pairs and rehabilitation. The Owner agrees to reimburse the City for all expenses in-curred in the demolition of the above described property.

3. The Owner agrees to pay the City the sum of $25.00 for each day the repairs take be-

yond 90 days to compensate the City for additional administration and inspection work incurred in connection with the repair and rehabilitation of the above described property. This paragraph will only be in effect if the City determines that substantial progress has been made towards the repairs and rehabilitation of the property and that said repairs and rehabilitation can be completed within a reason time after the 90 days that have been granted herein. This paragraph does not prohibit the City from proceeding under paragraph 2 above in the event the City determines in its sole discretion that there has been insufficient progress made in completing the necessary repairs and rehabilitation of the above described property and that the same cannot be completed within a reasona-ble period of time after the expiration of the 90 days herein granted.

4. The Owner hereby agrees to file with the City a performance bond with such sureties,

terms and conditions as are satisfactory to the City in the amount of $_____________ to

be used by the City to reimburse the costs of demolition of the above described property in the event the Owner does not pay the costs of demolition to the City. The bond may also be used to pay the per diem cost incurred, if any, should the Owner fail or refuse to reimburse the City for the additional administrative costs incurred because the repairs were not completed within 90 days as allowed above. If the bond is not presented to the City by the close of business on April 26, 2013, the City shall have the right to proceed with demolition of the above described structure without any further notice, hearing or consent of the Owner and shall be permitted to come on the above described premises with City employees or agents of the City to demolition said structure.

5. Owner by this Agreement gives the City the full access to the property described above

at all reasonable times and place with or without notice to monitor the repair and rehabili-tation of the structure.

CITY OF SIOUX CITY, IOWA OWNER By: By: Darrel Bullock Code Enforcement Manager [Please Print Name] By: [Please Print Name] STATE OF IOWA ) : ss. COUNTY OF WOODBURY) On this _______ day of ___________________, 2013, before me, the undersigned a Notary Public in and for said State, personally appeared Darrel Bullock to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. (SEAL) __________________________________________________ NOTARY PUBLIC in and for said COUNTY and STATE STATE OF ____________________________) : ss. COUNTY OF __________________________) On this _______ day of ___________________, 2013, before me, the undersigned a Notary Public in and for said State, personally appeared ______________________________________________________________________________ to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. (SEAL) __________________________________________________ NOTARY PUBLIC in and for said COUNTY and STATE

COMBINED PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, the undersigned, _____________________ ___________________________________________ as Principal (hereinafter called "Owner"), and ________________________________________ as Surety (hereinafter called Surety), are held and firmly bound unto the City of Sioux City, Iowa, as Obligee, (hereinafter called "City") in the amount of ________________________________________________________________ Dollars ($______________) for the payment of which sum of money we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly, severally and firmly by these presents. WHEREAS, Owner has by written agreement dated April 15, 2013, entered into a Agreement with the City wherein Owner has agreed to repair and rehabilitate Owner’s property at 1301 Hill Avenue to avoid demolition of said structure which Agreement is by reference made a part hereof, and is hereinafter referred to as "the Agreement", and WHEREAS, Owner is required to furnish a Performance and Payment Bond in connection with said Agreement pursuant to the terms and provisions as set forth herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that: 1. If Owner shall in all respects well and truly keep and perform the said Agreement on

Owner's part in accordance with the terms and provisions of all of the Agreement documents comprising said Agreement, and in the time and manner therein prescribed; and,

2. If Owner shall pay to the City all sums due to the City under the terms and provisions of

said Agreement then this obligation shall be null and void, otherwise it shall remain in full force and effect.

Every surety on this bond shall be deemed and held, any contract to the contrary

notwithstanding, to consent without notice: A. To any extension of time beyond the Agreement completion date necessary for the

Owner to perform the Agreement. IN WITNESS WHEREOF, we have hereunto set our hands and seals on ___________________________. (SEAL) Owner By: Witness: Title: (SEAL) Surety By: Witness: Title: Address:




FROM: Karen Mackey, Executive Director, Sioux City Human Rights Commission

SUBJECT: Resolution approving a Cooperative Agreement between the Iowa Civil

Rights Commission and the Sioux City Human Rights Commission com-mencing July 1, 2012 and ending June 30, 2013, for the purpose of cross-filing complaints pursuant to Iowa Code Section 216.19.



Manager

RECOMMENDATION:

Council is respectfully requested to accept the FY 2013 Cooperative Agreement between the Iowa Civil Rights Commission (ICRC) and the Sioux City Human Rights Commission (SCHRC) per Iowa Code Section 216.19. This agreement runs from July 1, 2012, through June 30, 2013.

DISCUSSION:

The purpose of this agreement is to ensure efficient, effective and coordinated state-local en-forcement of civil rights laws. The Agreement outlines a payment schedule for case intakes and for case resolutions. This is an annual Agreement that the ICRC enters into with the SCHRC.

FINANCIAL IMPACT:

The SCHRC will receive $100 for each intake referred to the ICRC for further processing and $100 for each complaint resolved within one year. We will receive $50 for cases resolved in more than one year but less than 600 days and $25 for each case that takes longer than 600 days to resolve.


Progressive Leadership Vision Strategic Focus Area: Develop and administer policies which reflect and respect our citizens and employees

ALTERNATIVES:

ATTACHMENTS:

Resolution Cooperative Agreement Between Sioux City Human Rights Commission and Iowa Civil Rights Commission.


RESOLUTION APPROVING A COOPERATIVE AGREEMENT BETWEEN THE IOWA CIVIL RIGHTS COMMISSION AND THE SIOUX CITY HUMAN RIGHTS COMMISSION COMMENCING JULY 1, 2012 AND ENDING JUNE 30, 2013, FOR THE PURPOSE OF CROSS-FILING COMPLAINTS PURSUANT TO IOWA CODE SECTION 216.19.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the attached Cooperative Agreement between the Iowa Civil Rights Commission and the Sioux City Human Rights Commission commencing July 1, 2012 and ending June 30, 2013 for the purpose of cross-filing complaints pursuant to Iowa Code Section 216.19, be and the same is hereby ap-proved as to form and content and the Mayor be and he is hereby authorized and directed to execute said Cooperative Agreement for and on behalf of the City of Sioux City, Iowa. PASSED AND APPROVED: April 15, 2013 Robert E. Scott, Mayor ATTEST: Lisa L. McCardle, City Clerk U:\City Legal\Secure\Res2013\Human Rights\2012-2013 Cooperative Agreement With Iowa Civil Rights Commission.Doc

COOPERATIVE AGREEMENT Between Sioux City Human Rights Commission

& IOWA CIVIL RIGHTS COMMISSION

1. Definitions: As used in this Cooperative Agreement the following terms are defined as follows:

a) “Commission” or “ICRC” means the Iowa Civil Rights Commission

b) “Fiscal year 2013” means from July 1, 2012 to June 30, 2013

2. Authority: In order to effectuate the purposes of the “Iowa Civil Rights Act,” the ICRC now enters

into a Cooperative Agreement with Sioux City Human Rights Commission, hereinafter “Sioux City Hu-

man Rights Commission”. Iowa Code §216.19 (2007).

3. Purpose: To assist in resolving discrimination complaints and to reduce case backlogs, without com-

promising quality, nor the integrity of the system. The criteria are designed to ensure an efficient, effec-

tive, and coordinated State-Local civil rights enforcement partnership.

4. Scope: Under this Cooperative Agreement, ICRC contracts with the Sioux City Human Rights

Commission for satisfactory intake and resolution of complaints whose allegations fall within the prohibi-

tions of Iowa Code §§216.6, 216.7, 216.9, 216.10 and 216.11.

5. Period: This Cooperative Agreement will run during Fiscal Year 2013. There is no commitment on

the part of ICRC to contract with the Sioux City Human Rights Commission for the resolution of com-

plaints after June 30, 2013.

6. Total Amount: The total amount ICRC can be required to spend, as aggregate compensation to all

contracting local commissions for work performed under this agreement for Fiscal Year 13, is $35,000

maximum. If insufficient funds exist for payment of all cases tendered for payment by the contracting

Local Commissions, payment shall be allocated on a first-come first-served basis, according to the date of

submission of the case(s).

7. Payment Date: ICRC conditions payment for work performed under this Agreement on acceptance

of that work by ICRC. ICRC will only make payment for each case submitted in the calendar month fol-

lowing acceptance of the work. In the case of payment for intake services, ICRC accepts the work when

ICRC opens the case file corresponding to the intake. Payment is conditioned upon execution of this con-

tract.

8. Payment Schedule***:

(a) Intakes – See chart below for breakdown of payments based on intakes and the timing thereof. For

purposes of the contract, intake is defined as receipt by the ICRC of a completed, signed, jurisdictional

complaint forwarded to the ICRC for processing and investigation. No payment will be made for cases

that are more than 600 days old on the date received by the ICRC.

(b) Resolutions –

• Non-housing complaint resolution - See chart below for breakdown of payments based on

the timing of resolution. For purposes of the contract, resolution includes case closures resulting in Satis-

factory Adjustments, Withdrawals, Administrative Releases, and Administrative Closures for Failure to

Cooperate and Unable to Locate, No Probable Causes and Probable Causes. This does not apply to reso-

lutions previously submitted by the local agency to the EEOC, for which no payment will be made by the

ICRC.

• The case must be received without need for additional work (“Additional work” would in-

clude any activity as determined by ICRC staff needed to comply with regulations, including, but not lim-

ited to: making a decision on the merits; interviewing parties; requesting records; or redrafting memoran-

dum, settlement papers, or other documents because a case number or name is either omitted or incor-

rect).

• For each complaint that requires additional work, ICRC intends to pay $25.00, rather than

$100.

• Whenever possible, Administrative Closures for failure to locate the complainant or of the

complainant to cooperate with the investigation should be based upon on the merits of the case. This

means that, after the local commission makes a good-faith effort to locate the complainant and encourage

their cooperation, the local commission’s decision on the case should refer to the relevant evidence be-

fore it and determine whether the evidence indicates the complainant would prevail.

9. Maintenance of Effort: Iowa Code §216.19 provides that a local government required to maintain a

human rights agency shall structure and adequately fund the local human/civil rights agency in order to

effect cooperative undertakings with ICRC and to aid in effectuating the purposes of the “Iowa Civil

Rights Act.”

10. Reports: The local agency agrees to submit regular reports to ICRC listing each intake and resolu-

tion submitted for contract credit under this Agreement. Quarterly Reports are due, as applicable, on Jan-

uary 10, 2013 (for July 1, 2012-December 31, 2013 activity), April 10, 2013 (for January 1, 2013-March

31, 2013 activity), and July 10, 2013 (for April 1, 2013-June 30, 2013 activity). Failure to provide Quar-

terly reports within 30 days of due date will result in the loss of $100 per quarter for each quarter a report

is untimely or not filed. Further, payment of any outstanding funds due will be withheld until all reports

are filed. As a condition of final payment, the local commission must submit, and ICRC must have re-

ceived, all cases no later than July 15, 2013. Cases submitted after July 15, 2013 will not be paid.

11. Training. The State and Local commissions will cooperate in planning, sponsoring, and conducting

necessary complaint processing training for staff and commissioners.

12. This contract recognizes the 300-day filing period for initial complaints, which is set out in Iowa

Code Ch. 216 begins the day the complaint is received by ICRC, not the day received by the local.

• Due care should be taken to assure complaints are timely filed under the Iowa Civil Rights Act.

• The local commission understands ICRC has a 300-day filing limitations period and agrees to

make every reasonable effort to cross-file their complaints with ICRC within that 300-day period. Every

reasonable effort includes faxing a complaint to ICRC on the date of the receipt of the complaint if that is

the only way to timely cross-file the complaint with ICRC.

13. Closures. Closure papers or settlement agreements must include local and state case numbers, and

when cross filed with EEOC, federal case numbers. Payment may be denied if closure papers or settle-

ment agreements do not include case numbers, or if any case number is incorrect. ICRC may be required

to obtain a full copy of the case file maintained by the local commission. The copies should be provided

to ICRC at no cost.

If required by your local protocol, separate signature lines have been provided for your Mayor and Com-

mission Chair.

Chairperson, Sioux City Human Rights Commission Date Mayor Date Director, Iowa Civil Rights Commission, Beth Townsend Date

***The following summarizes the payment schedules. Intake: (See definition for In-take below)

Complaint sent to ICRC for processing and investigation within 60 days of initial filing date.

$100

Complaint sent to ICRC for processing and investigation greater than 60 days but less than 180 days of initial filing date

$75

Complaint sent to ICRC for processing and investigation greater than 180 days but less than 600 of initial filing date.

$25

Complaint sent to ICRC for processing and investigation greater than 600 days of initial filing date.

$0

Resolutions for Non-housing Cases: (See definition for Resolu-tions below)

Complaint Resolutions sent to ICRC for closure processing within one year of initial filing date.

$100

Complaint Resolutions sent to ICRC for closure processing greater than one year but less than 600 days of initial filing date.

$50

Complaint Resolutions sent to ICRC for closure processing greater than 600 days of initial filing date.

$25

For the purpose of this contract the definition for the terms of payments are as follows: “INTAKE” A Complete, signed, jurisdictional complaint sent to ICRC for initial processing and investigation. “RESOLUTIONS” Case Closures resulting in a withdrawal, RTS, AC, Conciliated, and Settled, Satisfactory Adjustments, NPC or closure after Public Hearing.