LGL#34467 071221m | Legal Services

CITY COUNCIL CHAMBERS SIOUX CITY, IOWA JULY 12, 2021 1. The Regular Meeting of the City Council was held at 4:00 p.m. The following Council Members were present on call of the roll: Groetken, Moore, Schoenherr, Scott, and Watters. Absent: None. 2. The Council interviewed Adam Dean for a position on the Library Board of Trustees. CONSENT AGENDA Motion by Scott, seconded by Moore, to adopt the Consent Agenda; all voting aye. Items 3 through 18B are approved unanimously unless specifically noted after the item. 3. Reading of the City Council minutes of June 28, 2021. Reading of the minutes of June 28, 2021, was waived and as part of the consent agenda the minutes were approved as presented. 4. BOA – Motion acknowledging Board of Adjustment actions of June 22, 2021. 2021-0624 5. MUNICIPAL CODE – Resolution adopting the 2021 Second Quarter Supplement to the Sioux City Municipal Code covering Ordinances through Ordinance No. 2021-0623. 2021-0625 6. ELK CREEK – Resolution certifying to the Iowa State Treasurer the population of the Elk Creek annexation into the City of Sioux City, Iowa. 2021-0626 7. ANNUAL EVALUATION – Motion accepting the annual evaluation of the Public Library Director by the Sioux City Public Library’s Board of Trustees. 2021-0627 8. SRF CONSULTING – Motion authorizing City staff to enter into negotiations with SRF Consulting Group of Omaha, Nebraska to conduct a mobility study for the Sioux City Transit System. 2021-0628 9. PERSONNEL – Resolution amending the Water and Underground Utilities Department’s authorized payroll complement by adding one (1) additional full-time labor Supervisor position; one (1) additional full-time Automotive Equipment Operator III position; two (2) additional full-time Utilities Worker positions; and one (1) additional full-time Maintenance Worker position. 2021-0629 Request by Scott to pull the item from the Consent Agenda for a separate vote; the resolution was moved and seconded as part of the Consent Agenda; Groetken, Moore, Schoenherr, and Watters voting aye; Scott voting nay. 10. ACTIONS RELATING TO GRANTS A. ARP – Resolution authorizing the filing of an application with the Federal Transit Administration, an operating administration of the United States Department of Transportation, in the amount of $2,080,000 for funding under the American Rescue Plan Act of 2021 (ARP). 2021-0630 B. SLFRF – Resolution authorizing the Finance Director to accept funding from the U.S. Department of Treasury for Coronavirus State and Local Fiscal Recovery Funds (SLFRF) in the amount of $40,618,687 to provide support in responding to the economic and public health impacts of COVID-19 and in their efforts to contain impacts on their communities, residents, and businesses. 2021-0631 11. ACTIONS RELATING TO STREET CLOSURES A. CHRISTMAS IN JULY – Resolution temporarily closing the south half of the north/south alley and the west 75 feet of the east half of the east/west alley excluding said alley intersection between 5th Street, Iowa Street, 6th Street and Floyd Boulevard, and also temporarily closing 5th Street from Iowa Street to Floyd Boulevard beginning at 12:00 p.m. July 24, 2021 and ending at 1:00 a.m. July 25, 2021 for Firehouse Bar’s Christmas in July BBQ Cook-Off fundraiser to benefit Toys for Tots. 2021-0632 B. FIREHOUSE FUNDRAISER – Resolution temporarily closing the south half of the north/south alley and the west 75 feet of the east half of the east/west alley excluding said alley intersection between 5th Street, Iowa Street, 6th Street and Floyd Boulevard July 30, 2021 beginning at 5:00 p.m. and ending at 1:00 a.m. July 31, 2021 and July 31, 2021 beginning at 12:00 p.m. and ending at 1:00 a.m. August 1, 2021 for the Firehouse Bar’s Wet Dock Party fundraiser for the Missouri River Boat Club. 2021-0633 12. CIVIL PENALTIES AND SUSPENSIONS A. KOI SUSHI – Resolution assessing a civil penalty of $500 against Koi, Inc. doing business as Koi Sushi & Steakhouse, 1790 Hamilton Boulevard, Sioux City, Iowa, for violation of the Iowa beer/wine and liquor laws. 2021-0634 B. HY-VEE – Resolution assessing a civil penalty of $500 against Hy-Vee, Inc. doing business as Hy-Vee, 4500 Sergeant Road, Sioux City, Iowa, for violation of the Iowa beer/wine and liquor laws. 2021-0635 C. PALMER CANDY – Resolution assessing a civil penalty of $500 against Palmer Candy Company doing business as Palmer Candy Company, 405 Wesley Parkway, Sioux City, Iowa, for violation of the Iowa beer/wine and liquor laws. 2021-0636 Moore abstained on the item due to a conflict of interest. D. WHISPERING CREEK GOLF – Resolution assessing a civil penalty of $500 against Whispering Creek Golf, LC doing business as Whispering Creek Golf, 6500 Whispering Creek Drive, Sioux City, Iowa, for violation of the Iowa beer/wine and liquor laws. 2021-0637 13. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS A. STEVE HARRIS – Resolution awarding a contract to Steve Harris Construction, Inc. of Homer, Nebraska in the amount of $954,039.29 for the Big Sioux/Highway 12 Trail from Big Sioux River to Highway 12 Project, Iowa Department of Transportation Project No. TAP-U-7057(700)-81-97 and RT-MCTL(66)-9H-97. (City Project No. 7043-459-319) 2021-0638 B. EXPO CENTER – Resolution approving a Third Amendment to the Development Agreement with the Siouxland Expo Center regarding the termination and release of the tax credit purchase agreement between the City of Sioux City, the Siouxland Expo Center and U.S. Bank National Association in connection with the Siouxland Expo Center project located at 550 South Lafayette Street. 2021-0639 C. GRANDVIEW BLVD – Resolution authorizing the Release of a Mortgage with William Amable III for 1506 Grandview Boulevard under the Community Development Block Grant Rental Rehabilitation Program. 2021-0640 D. LAKEPORT COMMONS – Resolution supporting the submission of an Iowa Economic Development Authority (IEDA) application to the Workforce Housing Tax Credit Program by Residences at Lakeport Commons LLC. (4816 Houlihan Run) 2021-0641 14. ACTIONS AUTHORIZING PAYMENTS A. SCHOOL DISTRICT – Resolution accepting the work and authorizing final payment to the Sioux City Community School District for the Hunt Elementary School Site Improvement Project. (Project No. 6913-719-331) 2021-0642 Request by Scott to pull the item from the Consent Agenda for a separate vote; the resolution was moved and seconded as part of the Consent Agenda; Groetken, Schoenherr, and Watters voting aye; Scott voting nay; Moore abstaining due to a conflict of interest. B. RP CONSTRUCTORS – Resolution accepting the work, and authorizing final payment to RP Constructors, LLC for the 33rd Street Paving Project (Floyd Boulevard to Saint Anthony’s Place). (Project No. 7076-719-121) 2021-0643 C. NYSTROM ELECTRIC – Resolution accepting the work and authorizing final payment to Nystrom Electric Company of Sioux City, Iowa for the Tyson Events Center, LLFRC, and Convention Center Fire Alarm Replacement Project. (Project No. 7143-379-010,459-102, 379-051) 2021-0644 D. KINDSVATER – Resolution approving payment in satisfaction of judgment to Kindsvater, Inc. and Clerk of District Court. (Kindsvater v. City v. Ryan, LACV 192048) 2021-0645 15. ACTIONS RELATING TO PROPERTY A. GEORGE ST – Resolution proposing to sell certain real property. (A portion of 1702 George Street) (Petitioner: Braun Nancy L. Revocable Trust) (Purchase price: $585.94 plus costs) 2021-0646 B. 14TH ST – Resolution inviting proposals for the sale of land in the Rose Hill Urban Renewal Area, announcing the intent to accept the proposal of Jeffrey E. Boden and Heather L. Boden, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (The vacated north/south alley abutting 20 14th street) 2021-0647 16. PURCHASING A. ATHLETICA SPORTS – Resolution awarding a purchase order to Athletica Sports Systems of Minneapolis, Minnesota in the amount of $76,125.87 for hockey rink shielding at the Tyson Events Center. (RFB No. 267582) 2021-0648 B. POLICE DEPARTMENT – Resolution authorizing the Police Department to purchase with seized/forfeited asset funds two laptop computers for use by the Crimes against Persons Unit and Crimes against Property Unit and pay associated costs in the annual amount of $1,674.24. 2021-0649 17. APPLICATIONS FOR BEER AND LIQUOR LICENSES A. ON-PREMISE SALES 1. CLASS B BEER PERMIT (beer/carry-out beer/wine coolers) a. Taco’s El Guero, 525 Pearl Street (Renewal) 2. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) a. Clyde’s Grill and Pub, 3828 Stadium Drive (Renewal) b. El Arcoiris, 2022 Court Street (Renewal) c. Eclipse Nightclub, 412 Jones Street (Renewal) d. Firehouse Bar, 1211 5th Street (Temporary Outdoor Service for Christmas in July, July 24-25, 2021; Temporary Outdoor Service for Wet Dock Party for the Missouri River Boat Club, July 30-August 1, 2021) e. Hard Rock Hotel and Casino Sioux City, 111 3rd Street (New 5 Day License for Hard Rock in Harmony Fundraiser, August 6-10, 2021) f. M’s Uncorked/M’s On 4th, 1019-1021 4th Street (Renewal) g. Outback Steakhouse, 4500 Southern Hills Drive (Renewal) h. Pete’s 20th, 3118 Jay Avenue (Renewal) i. Red Lobster, 4290 Sergeant Road (Renewal) j. Texas Roadhouse, 5130 Sergeant Road (Renewal) k. Tyson Events Center, 401 Gordon Drive (Temporary Outdoor Service for Happy Hour Hump Days, August 4, 11, 18, and 25, 2021) l. Work & Church, 215 4th Street (Renewal) Moore abstained on the New 5-Day Class C Liquor License for the Hard Rock Hotel and Casino Sioux City, 111 3rd Street, due to a conflict of interest. B. OFF-PREMISE SALES 1. CLASS B WINE PERMIT (wine only) a. Fleet Farm, 5858 Sunnybrook Drive (Renewal) b. M’s Uncorked/M’s On 4th, 1019-1021 4th Street (Renewal) 2. CLASS C BEER PERMIT (beer/wine coolers) a. Fleet Farm, 5858 Sunnybrook Drive (Renewal) b. Fleet Farm Fuel, 5860 Sunnybrook Drive (Renewal) 18. BOARD, COMMISSION, AND COMMITTEE MINUTES A. Inclusive Sioux City Advisory Committee – April 13 and May 11, 2021 B. Museum Board of Trustees – June 11, 2021 – End of Consent Agenda – APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES 19. The City Clerk’s Office requests a motion to appoint two of the following three applicants to the Airport Board of Trustees for a three-year term expiring June 30, 2024. Re-Applicant: David Kaplan; New Applicants: Faith Bradham and Kevin Perley. Motion by Moore, seconded by Groetken, to reappoint Dave Kaplan to the Airport Board of Trustees for a three-year term expiring June 30, 2024. Those voting nay were: Schoenherr, Scott, and Watters; those voting aye were: Groetken and Moore. Thus, the motion failed. Motion by Scott, seconded by Moore, to appoint Kevin Perley to the Airport Board of Trustees for a three-year term expiring June 30, 2024; replacing David Kaplan; all voting aye. 2021-0650 Motion by Watters, seconded by Moore, to appoint Faith Bradham to the Airport Board of Trustees for a three-year term expiring June 30, 2024; replacing David Bernstein; all voting aye. 2021-0651 20. Motion appointing Mark Baltushis to the Events Facilities and Tourism Advisory Board to complete the balance of a three-year term expiring June 30, 2022, replacing Chase Stockton; and reappointing Mark Baltushis for a three-year term expiring June 30, 2025. 2021-0652 Motion by Scott, seconded by Moore, to approve the motion; all voting aye. 21. Motion reappointing Bruce Miller to the Events Facilities and Tourism Advisory Board for a three-year term expiring June 30, 2024. 2021-0653 Motion by Scott, seconded by Moore, to approve the motion; all voting aye. 22. Motion appointing LaShawna Moyle to the Human Rights Commission for a three-year term expiring June 30, 2024; replacing Julie Berens. 2021-0654 Motion by Scott, seconded by Moore, to approve the motion; all voting aye. 23. Motion reappointing Donald Scarlett to the Human Rights Commission for a three-year term expiring June 30, 2024. 2021-0655 Motion by Scott, seconded by Moore, to approve the motion; all voting aye. 24. Motion reappointing Michelle Bostinelos to the Planning and Zoning Commission/Board of Adjustment for a five-year term expiring June 30, 2026. 2021-0656 Motion by Scott, seconded by Moore, to approve the motion; all voting aye. RECOMMENDATIONS OF PLANNING AND ZONING 25. Hearing and Ordinance rezoning property commonly known as 5901 1/2 Stone Avenue from Zone Classification NC.1 (Neighborhood Conservation, 1 acre per unit minimum) to Zone Classification NC.3 (Neighborhood Conservation, 6,000 square feet per unit minimum). (Petitioner: Jay Layman) The Planning and Zoning Commission recommends approval of this item. (File No. 2021-0044) 2021-0657 Motion by Scott, seconded by Moore, to open the hearing and pass first consideration of the ordinance. No citizen input was received and the hearing was closed; all voting aye. On motion by Scott, seconded by Moore, all voting aye; the Statutory Rule requiring that an ordinance be considered at three separate meetings was suspended. On motion by Scott, seconded by Moore, the ordinance passed second and third considerations; all voting aye. HEARINGS 26. Hearing and Resolution approving proposal to sell certain real property and authorizing a City Deed. (The south one-half of the vacated east/west alley abutting 1213 South Royce Street) (Petitioner: Ila Jean Barr) (Purchase price: $1,022.56 plus costs) 2021-0658 Motion by Scott, seconded by Moore, to open the hearing and adopt the proposed resolution. No citizen input was received and the hearing was closed; all voting aye. 27. Hearing and Resolution approving proposal to grant a permanent, non-exclusive easement. (A portion of property located at 4300 Donner Avenue) (Petitioner: Chesterman Co.) (Purchase Price: Mutual Benefits) 2021-0659 Motion by Scott, seconded by Moore, to open the hearing and adopt the proposed resolution. No citizen input was received and the hearing was closed; all voting aye. 28. Hearing and Resolution approving proposal to grant a permanent, non-exclusive easement. (A portion of property located at 4300 Donner Avenue) (Petitioner: Brickyard Developers, LLC) (Purchase Price: Mutual Benefits) 2021-0660 Motion by Scott, seconded by Moore, to open the hearing and adopt the proposed resolution. No citizen input was received and the hearing was closed; all voting aye. 29. Hearing and Resolution approving plans, specifications, form of contract, and estimated cost for construction of the Transit Maintenance Garage Parking Lot Repair Project. (Project No. 7195-739-020) 2021-0661 Motion by Scott, seconded by Moore, to open the hearing and adopt the proposed resolution. No citizen input was received and the hearing was closed; all voting aye. 30. Hearing and Resolution approving plans, specifications, form of contract, and estimated cost for construction of the Annual Sidewalk Ramp Project FY 2019-2020. (Project No. 7047-759-114) 2021-0662 Motion by Scott, seconded by Moore, to open the hearing and adopt the proposed resolution. No citizen input was received and the hearing was closed; all voting aye. 31. Hearing and Resolution approving plans, specifications, form of contract, and estimated cost for construction of the Siouxland Expo Center Parking Lot Expansion Project. (Project No. 7206-663-238) 2021-0663 Motion by Scott, seconded by Moore, to open the hearing and adopt the proposed resolution. No citizen input was received and the hearing was closed; all voting aye. 32. Hearing and Resolution approving the lease of certain property known as Center Street Park, 1101 West 21st Street, to Westside Little League for the purpose of Operating and Managing Little League Programs. 2021-0664 Motion by Scott, seconded by Moore, to open the hearing and adopt the proposed resolution. No citizen input was received and the hearing was closed; all voting aye. DISCUSSION 33. Resolution adopting a policy for payment of electrical services at city ball fields leased with concession facilities and rescinding Resolution No. 2018-0835. 2021-0665 Motion by Scott, seconded by Moore, to adopt the proposed resolution; all voting aye. 34. Resolution approving a First Amendment to Lease Agreement between the City and Siouxland Youth Athletics in connection with the use of property at the Riverside Recreational Sports Complex, 100 Riverside Boulevard. 2021-0666 Motion by Scott, seconded by Watters, to adopt the proposed resolution; all voting aye. 35. Resolution approving a First Amendment to Lease Agreement between the City of Sioux City and Headid Little League in connection with the use of property at Headid Park Fields No. 1 – No. 5, 2400 1/2 Hawkeye Drive. 2021-0667 Motion by Scott, seconded by Watters, to adopt the proposed resolution; all voting aye. 36. Resolution approving a First Amendment to Lease Agreement between the City of Sioux City and Westside Little League in connection with the use of property at Kirk Hansen Park, 4400 West 19th Street, and Goldie Beck Park, 1600 Goldie Avenue. 2021-0668 Motion by Scott, seconded by Watters, to adopt the proposed resolution; all voting aye. 37. Resolution approving a First Amendment to Lease Agreement between the City and Morningside Little League in connection with the use of property at Strikers Complex, 4900 Highway 75 South, and Pulaski Park, 2400 Vine Avenue. 2021-0669 Motion by Scott, seconded by Moore, to adopt the proposed resolution; all voting aye. 38. Resolution approving a First Amendment to the Lease Agreement between the City of Sioux City and Hubbard Park Association in connection with the use of property at Hubbard Park, 2800 Jones Street. 2021-0670 Motion by Scott, seconded by Watters, to adopt the proposed resolution; all voting aye. 39. Resolution approving a First Amendment to Lease Agreement between the City and Tri-State Revolution Soccer Club in connection with the use of property at Ruegger Soccer Field, 4500 Gordon Drive. 2021-0671 Motion by Scott, seconded by Moore, to adopt the proposed resolution; all voting aye. 40. Resolution approving a First Amendment to Lease Agreement between the City and Siouxland Soccer Foundation in connection with the use of property at the Riverside Sports Complex Soccer Fields, 100 Riverside Boulevard. 2021-0672 Motion by Scott, seconded by Moore, to adopt the proposed resolution; all voting aye. 41. CITIZEN CONCERNS 42. COUNCIL CONCERNS 43. ADJOURNMENT There being no further business, the meeting was adjourned at 5:15 p.m., on motion by Scott, seconded by Moore; all voting aye. /s/ Robert E. Scott, Mayor ATTEST: /s/ Lisa L. McCardle, City Clerk Published in the Sioux City Journal July 24, 2021. LGL#34467