City Council
Regular MeetingSioux City, IA · September 18, 2023
Minutes
CITY COUNCIL CHAMBERS SIOUX CITY, IOWA SEPTEMBER 18, 2023
1. The Regular Meeting of the City Council was held on September 18, 2023, at 4:00 p.m. The
following Council Members were present on call of the roll: Moore, O’Kane, Schoenherr,
Scott, and Watters. Absent: None.
Staff members present: Mike Collett, Assistant City Manager, Nicole M. DuBois, City Attorney,
and Heidi Farrens, Deputy City Clerk.
Mayor Scott, on behalf of the City Council, read a proclamation acknowledging September 2023
as “Childhood Cancer Awareness Month,” Sarah Jungers, Childrens Cancer Connection,
accepted the proclamation.
2. The Council interviewed the following applicants:
A. Historic Preservation Commission: Kathryn Pfaffle
B. Wastewater Treatment Plant Reconstruction and Design Advisory Committee: Erik
Kafka. Isaac Harms was scheduled but unable to appear for his interview for a position
on the Wastewater Treatment Plant Reconstruction and Design Advisory Committee, he
will be rescheduled for a later date.
PRESENTATIONS
3. Green Valley and Floyd Golf Courses
Matt Salvatore, Parks and Recreation Director, Gordon Phair, City Engineer, and Scott Harmelink,
Green Valley and Floyd Golf Courses, provided information on the item.
4. Assessment of Corrective Measures Report for the Sioux City Sanitary Landfill
Tom Buelow and Ben Madson, SCS Engineers, provided information on the item.
CONSENT AGENDA
Motion by Scott, seconded by Moore, to adopt the Consent Agenda, all voting aye.
Items 5 through 11 are approved unanimously unless specifically noted after the item.
5. Reading of the City Council minutes of September 11 and 12, 2023.
Reading of the minutes of September 11 and 12, 2023, was waived and as part of the
consent agenda the minutes were approved as presented.
6. SOUTHBRIDGE - Resolution adopting plans, specifications, form of contract, and estimated
cost for the proposed construction of the Southbridge Water Treatment Plant High Service
Pump No. 2 Adjustable Frequency Drive Project (Project No. 7365-519-252) 2023-0863
7. ACTIONS RELATING TO GRANTS
A. PLANNING - Resolution approving an application for FY 2023 Continuum of Care
Planning Project Grant funds in the amount of $91,045 and authorizing and directing the
City Manager to execute the required assurances and certifications in connection with
said program application. 2023-0864
(September 18, 2023 - Regular Meeting Minutes)
Page 1
B. COORDINATED ENTRY - Resolution approving an application for FY 2023 Continuum
of Care Coordinated Entry Grant funds in the amount of $186,608 and authorizing and
directing the City Manager to execute the required assurances and certifications in
connection with said program application. 2023-0865
C. HOMELESS MANAGEMENT - Resolution approving an application for FY 2023
Continuum of Care Homeless Management Information System Grant funds in the
amount of $43,156 and authorizing and directing the City Manager to execute the
required assurances and certifications in connection with said program application.
2023-0866
Amy Keairns, Neighborhood Services Outreach Supervisor, provided information on the item.
D. HOUSING - Resolution approving an application for FY 2023 Continuum of Care
Permanent Housing – Rapid Rehousing Grant funds in the amount of $180,981 and
authorizing and directing the City Manager to execute the required assurances and
certifications in connection with said program application. 2023-0867
8. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS
A. CIVIL RIGHTS COMMISSION - Resolution approving a Cooperative Agreement
between the Iowa Civil Rights Commission and the Sioux City Human Rights
Commission commencing July 1, 2023, and ending June 30, 2024, for the purposes of
cross-filing complaints pursuant to Iowa Code Section 216.19. 2023-0868
B. SUBSURFCO - Resolution awarding and approving a contract to SuBSurfco, LLC in the
amount of $103,750.30 for the Military Road and Casselman Street Storm Sewer Repair
Project. (Project No. 7337-549-133) 2023-0869
Scott abstained on the item due to a conflict of interest.
C. LONG LINES - Resolution approving a First Amendment to Pledge of Money and
Naming Rights Agreement with Long Lines, Ltd. in connection with the naming rights of
the main arena on the second floor in the Sioux City Municipal Auditorium. (401 Gordon
Drive) 2023-0870
9. ACTIONS RELATING TO PROPERTY
A. INFRASTRUCTURE - Resolution setting dates of a consultation and a public hearing on
a proposed Amendment No. 2 to the Amended and Restated Combined Central Sioux
City -CBD Urban Renewal Plan for the Combined Central Sioux City -CBD Urban
Renewal Project Area of the City of Sioux City, Iowa. (Annual CBD Infrastructure
Improvements) 2023-0871
B. BUSINESS PARK - Resolution setting dates of a consultation and a public hearing on a
proposed Amendment No. 3 to the Amended and Restated Donner Park Urban Renewal
Plan for the Donner Park Urban Renewal Project Area of the City of Sioux City, Iowa.
(Lot 5, Expedition Business Park, 5th Filing) 2023-0872
C. FINAL PLAT - Resolution accepting and approving the “Final Plat of Roy Dave Addition
to the City of Sioux City, Woodbury County, Iowa.” (Petitioner: RoyDave, LLC) (File No.
2023-0076) 2023-0873
(September 18, 2023 - Regular Meeting Minutes)
Page 2
D. FACADE IMPROVEMENTS - Resolution authorizing issuance of a Certificate of
Appropriateness in the Historic 4th Street District for facade improvements on the
property located at 1107-09 4th Street. (The Historic Preservation Commission
recommends approval for this item.) (Petitioner: Nathan Kalaher - PLaN Architecture)
(File No. 2023-053) 2023-0874
10. PURCHASING
A. HYCHEM - Resolution approving Renewal Option No. 1 to the Purchase Order awarded
to Hychem, Inc. of Tampa, Florida for an additional one (1) year period in connection
with the purchase of polymer, hyperfloc CE2064G and CE2084G commencing October
24, 2023, and ending October 23, 2024 (RFB No. 275045) 2023-0875
B. KIESLER POLICE SUPPLY - Resolution awarding a purchase order to Kiesler Police
Supply, Inc. of Jeffersonville, Indiana in the amount of $43,917.06 for the purchase of
ammunition for the Police Department. (Bid No. 279630) 2023-0876
C. MRI SOFTWARE - Resolution awarding a purchase order to MRI Software LLC of Solon,
Ohio in the amount of $38,950.37 for the annual renewal subscription fee for HAPPY
Software. 2023-0877
D. CRYSTALIZATIONS SYSTEMS
1. Resolution awarding a purchase order to Crystalizations Systems, Inc. of Holbrook,
New York in the amount of $91,964.72 for the Art Center Additional Moving Painting
Storage Units Project materials. (RFB No. 279805) 2023-0878
2. Resolution awarding a Service Provider Agreement to Crystalizations Systems, Inc.
of Holbrook, New York in the amount of $18,235.28 for the Art Center Additional
Moving Painting Storage Units Project labor, travel, and site expenses. (RFB No.
279805) 2023-0879
11. APPLICATIONS FOR BEER AND LIQUOR LICENSES
A. ON-PREMISE SALES
1. CLASS C RETAIL ALCOHOL LICENSE (liquor/wine/beer/carry-out)
a. Bob Roe’s Point After, 3301 South Paxton Street (New 5 Day License for
Morningside University Homecoming, October 7, 2023)
b. Tyson Events Center, 401 Gordon Drive (Temporary Outdoor Service for
Special Event, October 6, 2023)
2. SPECIAL CLASS C RETAIL ALCOHOL LICENSE (wine/beer/carry-out)
a. Tyson Events Center, 401 Gordon Drive (New 5 Day License for 712 Brew
Fest)
B. OFF-PREMISE SALES
1. CLASS B RETAIL ALCOHOL LICENSE (wine/beer)
a. Tienda International, 601 ½ Pearl Street (Renewal)
- End of Consent Agenda –
(September 18, 2023 - Regular Meeting Minutes)
Page 3
APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
12. Motion appointing representatives of Major Industrial Users to fill vacancies on the
Wastewater Treatment Plant Reconstruction and Design Advisory Committee. Applicants:
Chris Baltushis, Isaac Harms, Kelly Jorgensen, Erik Kafka, and Desiree McCaslen.
Motion by Scott, seconded by Moore, to defer the item to September 25, 2023, all voting
aye.
RECOMMENDATIONS OF PLANNING AND ZONING
13. Hearing and Ordinance approving a Development Concept Plan for 2319 41st Street and
2605 ½ 41st Street (Area Zoned AG (Agriculture, 20 Acres Per Unit Minimum). (Petitioner:
Lieber Land Holdings, LLC) (The Planning and Zoning Commission recommends approval
of this item.) (File No. 2023-059) (First Consideration Approved September 11, 2023)
Chris Madsen, Sr Planner, provided information on the item. David Raymond, 2701 41st St,
Rhonda Bridges, 2621 Bings Ct, Tim Alvano, 2701 Bings Ct, Jordan Rozeboom, Lieber
Construction Inc., Rick Bertrand, 1501 Peavey St, and Tricia Frederick, 322 41st St, spoke on the
item.
Motion by Watters, seconded by Schoenherr, to pass second consideration of the
ordinance, Moore, Okane, Schoenherr, and Watters voting aye, Scott abstaining without a
conflict of interest.
On motion by Schoenherr, seconded by Watters, to suspend the Statutory Rule requiring
that an ordinance be considered at three separate meetings, Schoenherr and Watters
voting aye, Moore, O’Kane, and Scott voting nay, thus, the motion failed.
DISCUSSION
14. Reconvened hearing from September 11, 2023, and consideration of the appeals of Rick and
Russ Bertrand and Sundown-Moonup Development LLC pursuant to Sioux City Municipal
Code Section 20.30.110(6) and Iowa Code Section 17A.12. 2023-0880
Steven Postolka, Assistant City Attorney, provided information on the item. Rick Bertrand,
1501 Peavey St, and John Hines, Crary Huff Law Firm, spoke on the item.
Motion by Watters, seconded by Schoenherr, to reconvene the hearing, citizen comments
were received and the hearing was closed, O’Kane, Schoenherr, and Watters voting aye,
Scott abstaining without a conflict of interest, Moore abstaining due to a conflict of
interest.
15. Closed session of the City Council pursuant to Iowa Code section 21.5(1)(f) to discuss the
decision to be rendered in a contested case according to the provisions of chapter 17A.
Motion by Watters, seconded by Schoenherr, that Council enter closed session pursuant
to Iowa Code section 21.5(1)(f) to discuss the decision to be rendered in a contested case
according to the provisions of chapter 17A, O’Kane, Schoenherr, and Watters voting aye,
Scott abstaining without a conflict of interest, Moore abstaining due to a conflict of
interest.
(September 18, 2023 - Regular Meeting Minutes)
Page 4
Motion by Watters, seconded by Schoenherr, that Council return to open session at
6:15 p.m., O’Kane, Schoenherr, and Watters voting aye, Scott abstaining without a conflict
of interest, Moore abstaining due to a conflict of interest.
Motion by Watters, seconded by O’Kane, to affirm the decision by City Engineering to grant
a Grading Permit with the condition that any future dirt to be moved and any existing dirt
on the site cannot be placed within 50 ft. of the Bertrand property to comply with the
existing permit requirements, O’Kane, Schoenherr, and Watters voting aye, Scott
abstaining without a conflict of interest, Moore abstaining due to a conflict of interest.
2023-0881
Motion by Watters, seconded by Schoenherr, to terminate the stop work order issued to
Lieber Construction Inc. by City Engineering, O’Kane, Schoenherr, and Watters voting aye,
Scott abstaining without a conflict of interest, Moore abstaining due to a conflict of
interest. 2023-0882
16. CITIZEN CONCERNS
Katherine Meyer, 1411 Douglas St, recommended that the City consult with other subdivision
developers regarding planning and processes. Meyer shared concerns regarding interactions with
the Police Department and provided the City Council with copies of email communication with the
department. Collett, Assistant City Manager, will follow up with Meyer.
Laurie Taylor, 1617 S Fairmount St, discussed enforcement of Weed Abatement from City
Inspections Services. Taylor shared a timeline of her communication with City staff. Taylor said
the contractor hired by the City not only cut weeds, but also her flowers and plants. Collett,
Assistant City Manager, will follow up with Taylor.
17. COUNCIL CONCERNS
Watters invited City Council to attend the Siouxland Street Project Public Meeting September 19,
9:00 a.m. at the Public Museum, 607 4th Street.
Moore asked the community to keep the family of slain Algona Police Office Kevin Cram in their
thoughts and prayers.
Scott shared that he was happy to represent the City Council and attend the Briar Cliff University
President’s Inauguration and pledge support.
18. ADJOURNMENT
There being no further business, the meeting was adjourned at 6:31 p.m., on motion by
Scott, seconded by Moore, all voting aye.
ATTEST: _________________________________ _________________________
Heidi Farrens, Deputy City Clerk Robert E. Scott, Mayor
City Council agendas are available at www.sioux-city.org
u:\City Agenda\Agendas and Minutes\Council Minutes\2023\091823m
(September 18, 2023 - Regular Meeting Minutes)
Page 5
Agenda
NOTICE OF MEETING OF THE CITY COUNCIL
OF THE CITY OF SIOUX CITY, IOWA
City Council agendas are available at www.sioux-city.org
You are hereby notified a meeting of the City Council of the City of Sioux City, Iowa, will be held
Monday, September 18, 2023, 4:00 p.m., local time, in the Council Chambers, 5th Floor, City Hall,
405 6th Street, Sioux City, Iowa, for the purpose of taking official action on the agenda items
shown hereinafter and for such other business that may properly come before the Council.
This is a formal meeting during which the Council may take official action on various items of
business. If you wish to speak on an item, please follow the seven participation guidelines adopted
by the Council for speakers:
1. Anyone may address the Council on any agenda item.
2. Speakers should approach the microphone one at a time and be recognized by the Mayor.
3. Speakers should give their name, spell their name, give their address, and then their state-
ment.
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 to be heard first, followed by statements in opposition to the action.
6. Any concerns or questions you may have which do not relate directly to a scheduled item on
the agenda will also be heard under ‘Citizen Concerns’.
7. For the benefit of all in attendance, please turn off all cell phones and other communication
devices while in the City Council Chambers.
1. Call of the Roll - Silent Prayer and Pledge of Allegiance to the Flag - Proclamations
2. Interviews for City Council appointed Boards, Commissions, and Committees:
A. Historic Preservation Commission: Kathryn Pfaffle
B. Wastewater Treatment Plant Reconstruction and Design Advisory Committee: Isaac
Harms and Erik Kafka
PRESENTATIONS
3. Green Valley and Floyd Golf Courses
4. Assessment of Corrective Measures Report for the Sioux City Sanitary Landfill
CONSENT AGENDA
Items 5 through 11 constitute a Consent Agenda. Items pass unanimously unless a sepa-
rate roll call vote is requested by a Council Member.
5. Reading of the City Council minutes of September 11 and 12, 2023.
6. SOUTHBRIDGE - Resolution adopting plans, specifications, form of contract, and estimated
cost for the proposed construction of the Southbridge Water Treatment Plant High Service
Pump No. 2 Adjustable Frequency Drive Project (Project No. 7365-519-252)
(September 18, 2023 - City Council Agenda)
Page 1
7. ACTIONS RELATING TO GRANTS
A. PLANNING - Resolution approving an application for FY 2023 Continuum of Care
Planning Project Grant funds in the amount of $91,045 and authorizing and directing the
City Manager to execute the required assurances and certifications in connection with
said program application.
B. COORDINATED ENTRY - Resolution approving an application for FY 2023 Continuum
of Care Coordinated Entry Grant funds in the amount of $186,608 and authorizing and
directing the City Manager to execute the required assurances and certifications in
connection with said program application.
C. HOMELESS MANAGEMENT - Resolution approving an application for FY 2023
Continuum of Care Homeless Management Information System Grant funds in the
amount of $43,156 and authorizing and directing the City Manager to execute the
required assurances and certifications in connection with said program application.
D. HOUSING - Resolution approving an application for FY 2023 Continuum of Care Per-
manent Housing – Rapid Rehousing Grant funds in the amount of $180,981 and author-
izing and directing the City Manager to execute the required assurances and certifica-
tions in connection with said program application.
8. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS
A. CIVIL RIGHTS COMMISSION - Resolution approving a Cooperative Agreement be-
tween the Iowa Civil Rights Commission and the Sioux City Human Rights Commission
commencing July 1, 2023, and ending June 30, 2024, for the purposes of cross-filing
complaints pursuant to Iowa Code Section 216.19.
B. SUBSURFCO - Resolution awarding and approving a contract to SuBSurfco, LLC in the
amount of $103,750.30 for the Military Road and Casselman Street Storm Sewer Repair
Project. (Project No. 7337-549-133)
C. LONG LINES - Resolution approving a First Amendment to Pledge of Money and Nam-
ing Rights Agreement with Long Lines, Ltd. in connection with the naming rights of the
main arena on the second floor in the Sioux City Municipal Auditorium. (401 Gordon
Drive)
9. ACTIONS RELATING TO PROPERTY
A. INFRASTRUCTURE - Resolution setting dates of a consultation and a public hearing on
a proposed Amendment No. 2 to the Amended and Restated Combined Central Sioux
City -CBD Urban Renewal Plan for the Combined Central Sioux City -CBD Urban Re-
newal Project Area of the City of Sioux City, Iowa. (Annual CBD Infrastructure Improve-
ments)
B. BUSINESS PARK - Resolution setting dates of a consultation and a public hearing on a
proposed Amendment No. 3 to the Amended and Restated Donner Park Urban Renewal
Plan for the Donner Park Urban Renewal Project Area of the City of Sioux City, Iowa.
(Lot 5, Expedition Business Park, 5th Filing)
(September 18, 2023 - City Council Agenda)
Page 2
C. FINAL PLAT - Resolution accepting and approving the “Final Plat of Roy Dave Addition
to the City of Sioux City, Woodbury County, Iowa.” (Petitioner: RoyDave, LLC) (File No.
2023-0076)
D. FACADE IMPROVEMENTS - Resolution authorizing issuance of a Certificate of Appro-
priateness in the Historic 4th Street District for facade improvements on the property
located at 1107-09 4th Street. (The Historic Preservation Commission recommends ap-
proval for this item.) (Petitioner: Nathan Kalaher - PLaN Architecture) (File No. 2023-
053)
10. PURCHASING
A. HYCHEM - Resolution approving Renewal Option No. 1 to the Purchase Order awarded
to Hychem, Inc. of Tampa, Florida for an additional one (1) year period in connection
with the purchase of polymer, hyperfloc CE2064G and CE2084G commencing October
24, 2023, and ending October 23, 2024 (RFB No. 275045)
B. KIESLER POLICE SUPPLY - Resolution awarding a purchase order to Kiesler Police
Supply, Inc. of Jeffersonville, Indiana in the amount of $43,917.06 for the purchase of
ammunition for the Police Department. (Bid No. 279630)
C. MRI SOFTWARE - Resolution awarding a purchase order to MRI Software LLC of Solon,
Ohio in the amount of $38,950.37 for the annual renewal subscription fee for HAPPY
Software.
D. CRYSTALIZATIONS SYSTEMS
1. Resolution awarding a purchase order to Crystalizations Systems, Inc. of Holbrook,
New York in the amount of $91,964.72 for the Art Center Additional Moving Painting
Storage Units Project materials. (RFB No. 279805)
2. Resolution awarding a Service Provider Agreement to Crystalizations Systems, Inc.
of Holbrook, New York in the amount of $18,235.28 for the Art Center Additional
Moving Painting Storage Units Project labor, travel, and site expenses. (RFB No.
279805)
11. APPLICATIONS FOR BEER AND LIQUOR LICENSES
A. ON-PREMISE SALES
1. CLASS C RETAIL ALCOHOL LICENSE (liquor/wine/beer/carry-out)
a. Bob Roe’s Point After, 3301 South Paxton Street (New 5 Day License for
Morningside University Homecoming, October 7, 2023)
b. Tyson Events Center, 401 Gordon Drive (Temporary Outdoor Service for Spe-
cial Event, October 6, 2023)
2. SPECIAL CLASS C RETAIL ALCOHOL LICENSE (wine/beer/carry-out)
a. Tyson Events Center, 401 Gordon Drive (New 5 Day License for 712 Brew
Fest)
B. OFF-PREMISE SALES
1. CLASS B RETAIL ALCOHOL LICENSE (wine/beer)
a. Tienda International, 601 ½ Pearl Street (Renewal)
- End of Consent Agenda -
(September 18, 2023 - City Council Agenda)
Page 3
APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES
12. Motion appointing representatives of Major Industrial Users to fill vacancies on the
Wastewater Treatment Plant Reconstruction and Design Advisory Committee. Applicants:
Chris Baltushis, Isaac Harms, Kelly Jorgensen, Erik Kafka, and Desiree McCaslen.
RECOMMENDATIONS OF PLANNING AND ZONING
13. Hearing and Ordinance approving a Development Concept Plan for 2319 41st Street and
2605 ½ 41st Street (Area Zoned AG (Agriculture, 20 Acres Per Unit Minimum). (Petitioner:
Lieber Land Holdings, LLC) (The Planning and Zoning Commission recommends approval
of this item.) (File No. 2023-059) (First Consideration Approved September 11, 2023)
DISCUSSION
14. Reconvened hearing from September 11, 2023, and consideration of the appeals of Rick and
Russ Bertrand and Sundown-Moonup Development LLC pursuant to Sioux City Municipal
Code Section 20.30.110(6) and Iowa Code Section 17A.12.
15. Closed session of the City Council pursuant to Iowa Code section 21.5(1)(f) to discuss the
decision to be rendered in a contested case according to the provisions of chapter 17A.
16. CITIZEN CONCERNS
17. COUNCIL CONCERNS
18. ADJOURNMENT
City Council agendas are available at www.sioux-city.org
ADA AND INCLUSIVE LANGUAGE NOTICE
The City of Sioux City does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services,
or activities. Individuals who need auxiliary aids for effective communication in programs and services of the City of Sioux City are
invited to make their needs and preferences known to the ADA Compliance Officer, City Hall, 405 6th Street, Room 204,
(712)279-6200. This notice is provided as required by Title II of the Americans with Disabilities Act of 1990.
The City of Sioux City promotes equity and inclusion of protected classes including sex, ethnicity, color, familial status, gender identity,
age, marital status, national origin, geographic background, race, creed, religious and spiritual beliefs, sexual orientation, socioeco-
nomic status, mental and physical disability, or veteran status in admission to, access to, or operations of its programs, services, or
activities. This notice applies to all departments, employees, commissions, boards, and volunteers that work with the City of Sioux
City. Any questions or concerns about the application of this notice should be directed to the Community Inclusion Liaison
at (712)224-4994.
U:\City Agenda\Agendas and Minutes\Council Agendas\2023\091823a
(September 18, 2023 - City Council Agenda)
Page 4
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