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

Minutes for the Council Meeting on 10/26/2009

CITY COUNCIL CHAMBERS SIOUX CITY, IOWA OCTOBER 26, 2009

1. The meeting of the City Council was held at 4 p.m. The following Council Members were present on call of the roll: Ferris, Hobart, Hoffman, Rixner, and Rochester. Absent: None.

Other staff members present included: Paul Eckert, City Manager; Andrew Mai, City Attorney; and Lisa McCardle, City Clerk.

Mayor Hobart read one proclamation declaring the week of October 25 - 31, 2009, as Lead Poisoning Prevention Week; Michelle Clausen-Rosendahl, Siouxland District Health Department, accepting.

CONSENT AGENDA

Motion by Hobart, seconded by Ferris, to adopt the Consent Agenda; all voting aye. Items 2 through 10B are approved unanimously unless specifically noted after the item.

2. Reading of the minutes of October 15 and 19, 2009.

3. LONG LINES - Resolution granting a permit to Long Lines Metro, LLC of Sergeant Bluff, Iowa, to own, operate and maintain underground cable along Correctionville Road. 2009-0826

4. SOUTHBRIDGE - Resolution adopting construction documents for the proposed construction of the Southbridge Regional Water Treatment Plant Raw and Finished Water Project. 2009-0827

5. ELECTRONIC ENGINEERING - Resolution awarding a purchase order to Electronic Engineering of Sioux City, Iowa, in the amount of $76,378.18 for the purchase of wireless security camera systems for 16 fixed route buses and wireless kits for 8 buses previously outfitted for eight channel DVR. 2009-0828

6. CIVIL PENALTIES/SUSPENSIONS

A. SELECT MART - Resolution assessing a civil penalty of $500 against Leed Mart, Inc. d.b.a. Select Mart, 4103 Floyd Boulevard, Sioux City, Iowa, for violation of the Iowa Beer/Wine and Liquor Laws. 2009-0829

B. CUBBY’S - Resolution fixing a date, time and place for a hearing on a proposed civil penalty of $300 against Cubby’s, Inc. d.b.a. Cubby’s Sioux City, 4200 York Street, Sioux City, Iowa, for violation of the Iowa Cigarette Laws. 2009-0830

C. EAST END CAR WASH - Resolution fixing a date, time and place for a hearing on a proposed civil penalty of $300 against Deforrest-Johnson, Inc. d.b.a. East End Car Wash and Detail Center, 5401 Morningside Avenue, Sioux City, Iowa, for violation of the Iowa Cigarette Laws. 2009-0831

7. ACTIONS APPROVING AGREEMENTS/CONTRACTS

A. SEWALSON - Resolution approving the contract and performance bond with Sewalson Contracting, Inc. of Sioux City, Iowa, in the amount of $137,458.80 for the Rose Hill Retaining Wall Reconstruction at 15th Street and McDonald Street. (1510 McDonald Street, 103, 105, 107, 109, 111 15th Street) 2009-0832

Request by Hoffman to pull item from the consent agenda for a separate vote. Motion by Hobart, seconded by Rochester, to adopt the proposed resolution; Hoffman voting nay.

B. L & L - Resolution approving the contract and performance bond with L & L Builders of Sioux City, Iowa, in the amount of $105,584 for the Sioux City Convention Center Kitchen Remodel/Improvement Project. 2009-0833

C. EPA - Resolution authorizing and approving Amendment No. 3 to the EPA Cooperative Agreement BF-98763201, between the U.S. Environmental Protection Agency and the City of Sioux City. 2009-0834

D. EPA - Resolution authorizing and approving Amendment No. 3 to the EPA Cooperative Agreement BF-98763301, between the U.S. Environmental Protection Agency and the City of Sioux City. 2009-0835

E. AUDINO - Resolution awarding a contract to Frank Audino Construction of Sioux City, Iowa, in the amount of $265,675 for the Model Railroad Display Building for the Milwaukee Railroad Shops Historic District Phase IV Project. (IDOT No. STP-ES-7057-(651)-81-97) 2009-0836

Larry Obermeyer and Jon Wagoner, Siouxland Historical Railroad Association; and Rick Mach, Water Plant Superintendant; provided information on the item. Jerry Moore, 1207 S Cecelia St, spoke on the item.

F. IDOT - Resolution approving an agreement and accepting a grant from the Iowa Department of Transportation for a National Scenic Byway Grant to construct restrooms in connection with the Milwaukee Railroad Roundhouse Complex. (Project No. SB-IA-7057(664)-2T-97) (IDOT Agreement No. 08-NSB-128)
2009-0837

Larry Obermeyer, Siouxland Historical Railroad Association, provided information on the item.

G. IDOT - Motion approving an agreement between the City of Sioux City and the Siouxland Historic Railroad Association for administration of the Iowa Department of Transportation National Scenic Byways Funding to be utilized for the construction of restroom facilities on the Milwaukee Railroad Shops Historic District and authorizing the Mayor and City Clerk to execute said agreement for and on behalf of the City. 2009-0838

8. RESOLUTIONS RELATING TO PROPERTY

A. CHAMBERS ST - Resolution approving and accepting an Offer of Sale of Land from Kevin W. Arends and Wendy K. Arends to the City of Sioux City, Iowa, to be used in connection with the Glen Oaks Extension to Chambers and Chambers/Glen Oaks Drainage Project. (Property commonly known as 3014 Chambers Street) 2009-0839

B. OMAHA ST - Resolution approving and accepting an Offer of Sale of Land from Paul A. Braunger, LLC to the City of Sioux City, Iowa, to be used in connection with the Wesley Parkway Extension Project. (Property commonly known as 901 Omaha Street - Partial) 2009-0840

Jeff Hanson, Community Development Operations Manager, provided information on the item. Jerry Moore, 1207 S Cecelia St, spoke on the item.

C. EXPEDITION CT - Resolution inviting proposals for the granting of an underground electric easement in certain land in the Donner Park Urban Renewal Area, announcing the intent to accept the proposal of MidAmerican Energy Company, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (Property commonly known as 2600 Expedition Court) 2009-0841

D. LEECH AVE - Resolution authorizing and approving a Corrective City Deed. (Vacation portions of South Wall Street and Washington Avenue, and various alleys in the area south of Leech Avenue, east of the I-29 Interchange and west of the Floyd River) (Petitioner: Nutra-Flo Company) 2009-0842

E. GENEVA ST - Resolution approving and accepting an Offer of Sale of Land from Gerald F. Perera and Jo Ann E. Perera to the City of Sioux City, Iowa, to be used in connection with the West 23rd Street/Perry Creek Bridge Project. (2231 Geneva Street) 2009-0843

9. APPLICATIONS FOR BEER/LIQUOR LICENSES

A. CLASS “B” BEER PERMIT
1. Godfather’s Pizza, 3701 Gordon Drive (Renewal)
B. CLASS “C” BEER PERMIT
1. Heritage Express Co., 711 Gordon Drive (Renewal)
C. CLASS “B” LIQUOR LICENSE
1. Roadway Inn, Sioux City, 1401 Zenith Drive (New)
D. CLASS “C” LIQUOR LICENSE
1. Huhot Mongolian Grill, 4229 South Lakeport (Renewal)
E. SPECIAL CLASS “C” LIQUOR LICENSE
1. Art Center Association of Sioux City, 225 Nebraska Street (Renewal)

10. RECEIPT OF MINUTES

A. Effective Public Policy Committee - September 8, 2009
B. Planning and Zoning Commission - October 13, 2009

(End of Consent Agenda)

RECOMMENDATIONS OF PLANNING AND ZONING

11. Hearing and Ordinance rezoning 3011 West 4th Street from Zone Classification RG-20-PD (General Residence Zone, 2000 Sq Ft. per unit minimum) to Zone Classification BG (General Business). (Petitioner: Goodwill Industries) (File No. 2009-0048) The Planning and Zoning Commission recommends deletion of this item.

Jean Calligan, Planning and Zoning Commission; and Brent Nelson, Sr. Planner; provided information on the item.

Motion by Rixner, seconded by Hobart, to delete this item; all voting aye.

12. Hearing and Ordinance vacating the west 10 feet of Jackson Street abutting 622 4th Street. (Petitioner: Mako One) (File No. 2009-0056) The Planning and Zoning Commission recommends approval of this item. 2009-0844

Jean Calligan, Planning and Zoning Commission; and Brent Nelson, Sr. Planner; provided information on the item.

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

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

13. Hearing and Ordinance adopting a modified site plan for 4021 Stadium Drive. (Area zoned BG-C; General Business Zone - Planned Commercial Overlay) (Petitioner: Jensen Imports) (File No.2009-0049) The Planning and Zoning Commission recommends approval of this item. 2009-0845

Jean Calligan, Planning and Zoning Commission; and Brent Nelson, Sr. Planner; provided information on the item.

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

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

14. Hearing and Ordinance vacating various right of ways and alleys bounded by West 14th Street on the south, Hamilton Boulevard on the west, platted West 16th Street on the north and Main Street on the east and West 16th Street west of Main Street. (Petitioner: City of Sioux City) (File No. 2009-0054) The Planning and Zoning Commission recommends approval of this item. 2009-0846

Jean Calligan, Planning and Zoning Commission; and Brent Nelson, Sr. Planner; provided information on the item.

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

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

DISCUSSION

15. Resolution amending Resolution No. 2009-0655 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 demolish said structure. (Address: 2524 East Solway Street) (Property Owner: Kent Martin) 2009-0847

Darrel Bullock, Inspection Services Supervisor; and Terry Nelson, Inspection Services Manager; provided information on the item. Kent Martin, 1802 Summit St; Greg Gregerson, 1802 Summit St; Bill Stewart, 2600 E Solway St; and Dale McKinney, M+ Architects; spoke on the item.

Motion by Hobart, seconded by Rixner, to adopt the proposed resolution; all voting aye.

16. Resolution approving Change Order No. 1 with Gill Construction of Jackson, Nebraska, in the amount of $43,235.99 for the 41st Street Improvements (Bridge Removal) East of Highway 75. 2009-0848

Scott Logan, City Engineer, provided information on the item.

Motion by Hobart, seconded by Rixner, to adopt the proposed resolution; all voting aye.

17. CITIZEN CONCERNS

None.

18. COUNCIL CONCERNS

Rixner reported citizen concerns about the drainage issues in the Woodbury Heights area; Eckert stated he would provide an update to Council.

Hobart read from the weekly progress update: League of Women Voters will hold a City Council Candidates Forum on October 29th at 7 pm in the Council Chambers; the forum will air on Channel 10; participation is requested in an online survey aimed at providing the Sioux City Tourism Bureau user feedback; Business for Breakfast will be held November 6th at 8:30 am in the Convention Center; and “Broadway at the Orpheum” is offering a 2 show package: Camelot, November 2nd and The Wizard of Oz, November 30th, purchase tickets at the Tyson Box Office.

Eckert provided a reminder on Halloween activities: ice skating from 1 to 3 pm at the IBP Ice Center; the Orpheum Theater will be showing “Ghost Busters”; and the Sioux City Museum will hand out goodies and provide tours. Eckert also wished everyone a Safe and Happy Halloween.

19. ADJOURNMENT

There being no further business, the meeting was adjourned at 4:53 p.m., on motion by Hobart, seconded by Ferris; all voting aye.

/s/ Michael M. Hobart, Mayor
ATTEST: /s/ Lisa L. McCardle, City Clerk