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CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska7211749FAMILY HERITAGEINS211750FIRE DPT 644-MIKE WRIGHTFIRE UNION DUES211751NE PUBLIC EMPLOYEESUNION DUES 800.00211752NE FOP #75NE FOP # 75 650.00211753POLICE OFFICERS ASSOCIATIONGUN/COMPLOAN 157.58211754PRE-PAID LEGAL SERVICESPREPAID LEGAL211755SIOUX CITY JOURNALCLASSIFIEDS 1,194.00211756CITY OF SSCMEDICAL FLEX 5,433.18211757SSC COMMUNITY FOUNDATIONDONATION211758SSC POLICE OFFICERS ASSOCPOLICE UNION DUES 510.00211759UNITED WAYDONATION 438.00211760WASHINGTON NATIONALINS211761WESTERN IA TECHTRAINING LACEY HALLSTROM*****VSPLEC VISION*****NE REVENUEMAIN CITY PAYROLL TAXES 15,300.21*****IRSMAIN CITY PAYROLL TAXES 48,147.28*****PRINCIPLE LIFEPENSION 6,852.60***IRSLEC PAYROLL TAXES 4,845.45*****NE REVENUELEC PAYROLL TAXES****IRSMAIN CITY PAYROLL TAXES*****IRSLEC PAYROLL TAXES211762BLUE CROSS BLUE SHIELDLEC INS211763COUNCIL CLAIM211764NATL ACCT SYSTEMSFEB 2018 COLLECTIONS211765SIOUXLAND SHRMSHRM ANNUAL CONF-MARY WILTGEN211766-211767 209.50 50.00 268.08 80.00 74.30 3,969.00 263.81 1,435.67 48,454.06 4,482.12 10,661.56****RESOLUTION 835.07 60.00*****211768ICMA RETIREMENT FUND-457PENSION 21,895.09211769ICMA RETIREMENT TRUST-401PENSION 17,244.46211770KERRY BLIGHDAKOTA CITY ANIMAL SERVICESEnd Claims 75.00TOTAL 890,473.72TOTAL 1,247,596.69

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska8Engineer Report

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska9End Engineer Report

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska10

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska11Alley Vacation

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska12End Alley Vacation

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska13Flatwater Crossing replat

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska14End Flatwater Crossing replat

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska15Resolution Pymt. Simpco

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska16End Resolution Pymt. Simpco

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska17JEO Natural Gas Electrical Generation FacilityEnd JEO Natural Gas Electrical Generation Facility

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska18Resolution Pymt. Community Foundation

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska19

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska20

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska21

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska22End Resolution Pymt. Community Foundation

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska23Hwy ROW Use AgreementHIGHWAY ROW USE AGREEMENTParcel 3-22-150This agreement made and entered into this day of, by and between the STATE OF NEBRASKA, DEPARTMENT OFTRANSPORTATION, hereinafter known as “LESSOR”, and the City of South Sioux City,Nebraska, hereinafter known as “LESSEE”.In consideration of the payment of the sum of 1.00 per year, payable in advance of 1st ofeach year, the Lessor hereby leases to the Lessee, for Trail purposes, as shown on Exhibit A –Project SRTS-22(34, CN 32251, which is made a part of this agreement, the following describedland, hereinafter referred to as leased premises:Occupy I-129 right of way along the west side of Roundhouse Road in South Sioux City,Nebraska with a trail as per attached plans.The Lessee shall ensure that there is no direct access to the Interstate facility. This mayrequire barriers or fencing to restrict access to said facility. These barriers and fencing will be atthe cost of the Lessee.The Lessor reserves the right to annually review and raise or lower such considerationbased upon the fair and reasonable market value of the leased premises and the prevailing returnupon similar lands as determined by the State of Nebraska, Department of Transportation.It is agreed and understood that this lease shall continue from year to year and shall beterminated only upon 30 days written notice by the party desiring to terminate this lease. Shouldthe lease be terminated at any time during the leased year, remittance of rental shall be madebased on the remaining term of the lease year.The Lessee will not construct buildings upon the leased premises, make alterations toappurtenances furnished except with written permission of the Lessor. The Lessee also will notsublease, sell or assign its interest or any part of its interest in the leased premises, or make anysignificant revision in the design shown in Exhibit A or use the leased premises for any purposeother than for Trail purposes.The Lessee will maintain the premises in a safe and neat appearing manner, includingfences and improvements of every kind that are now on said premises or that may be erectedduring the continuance of this lease and will promptly, at the expiration term granted, yield up

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska24possession of the leased premises without notice, in as good a repair as they are now or may be atany time during the continuance of this lease, ordinary wear and lose by fire excepted.It will also be necessary for the Lessee to keep the premises free from noxious weedsand debris. If the Lessee fails to take adequate measures for the control of noxious weeds,Lessee agrees to reimburse the Lessor for any and all costs incurred by the Lessor for theremoval of said noxious weeds or debris.The Lessor, their agents or authorized Federal Highway Administration representatives,may enter upon said premises at any time to inspect, to maintain, to improve or for any otherreason associated with the lands use.The Lessee, as a part of the consideration hereof, does hereby covenant and agree (1) thatthe leased premises or any part thereof shall not be used for the erection or display of anyadvertising, sign, device or display, whatsoever; (2) that the leased premises shall not be usedfor the storage, processing, sorting, transfer or any other kind of use related to or connected withscrap material of any nature or kind; or be used for the storage of flammable, explosive orhazardous material, so as to create or cause an unsightly or obnoxious or create a hazard upon thepremises herein leased.The Lessee, as a part of the consideration hereof, does hereby covenant and agree that (1)no person on the grounds of race, color or national origin shall be excluded from participation in,denied the benefits of or otherwise be subjected to discrimination in the use of said facilities; (2)that in the construction of any improvements on, over or under such land and the furnishing ofservices thereon, no person on the grounds of race, color or national origin shall be excludedfrom participation in, denied the benefits of or otherwise be subjected to discrimination; (3) thatthe Lessee shall use the premises in compliance with all other requirements imposed by orpursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A,Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of theDepartment of Transportation – Effectuation of Title VI of the Civil Rights Act of 1964, and assaid regulations may be amended. That in the event of breach of any of the abovenondiscrimination covenants, the Lessor shall have the right to terminate the lease and to re-enterand repossess said land and the facilities thereon and hold the same as if said lease had neverbeen made or issued.Lessee shall be responsible for and shall hold the Lessor and the Federal HighwayAdministration harmless for any and all liability resulting from the placement, movement orrepair of any utility facilities on the leased premises which are in existence at the date of thislease or which are placed upon the leased premises by the Lessee.The Lessee shall carry adequate insurance for the payment of any damage, injury or lossof life which may occur during the duration of this lease and hold the Lessor and the Federal

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska25Highway Administration harmless from all claims or suits for damages to persons or propertyarising out of this agreement.Upon cancellation of the lease by either party, the Lessee may be required, at the optionof the Lessor; to remove all improvements placed by the Lessee on the leased premises andsurrender peaceable possession to the Lessor at no cost to the Lessor.Should the Lessee violate any of the conditions of this lease or should the area involvedcease to be used for purposes, this lease shall thereby terminate at the option of the Lessor and inorder to enforce a forfeiture of non-payment of rent it shall not be necessary to make a demandon the same day the rent shall become due and the said Lessor may at once recover possession ofsaid premises.The covenants herein shall extend to and be binding upon the heirs, executors andadministrators of the parties of this lease.All questions pertaining to this lease shall be referred to the Manager of the Right of WayDivision, Department of Transportation, or his or her designee.APPROVED BY:STATE OF NEBRASKADEPARTMENT OF TRANSPORTATIONLESSORCity of South Sioux City, NebraskaRight of Way ManagerLesseeDateDateEnd Hwy ROW Use AgreementLESSEE

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska26Fire Dept. Code ChangesCITY OF SOUTH SIOUX CITYFIRE DEPARTMENTPhone (402) 494-7508Fax:(402) :Lance Hedquist, City AdministratorRod Koch, MayorCity CouncilClint Merithew, Fire ChiefSUBJECT:Proposed Municipal Code changesDATE:March 2, 2018INTER-DEPARTMENT MEMOThere is language in the City’s Municipal Code which requires critical evaluation ofrevisions for modifications to allow operations of the City Fire Department to functionwith duties.Some other areas needing changes are egregious errors of response that could beperceived as violations of the attended code language as misunderstood.Any areas designated in Red are proposal changes. Those that have a single strikethrough shall be removed from the existing code language.Please review the following proposed changes:Sec. 42-46. - Inspections.It shall be the duty of the fire chief Fire Chief, when directed to do so by the governing body, toinspect or cause to be inspected by fire department officers, members or some other official asoften as may be necessary all buildings, premises and public thoroughfares, except includingthe interiors of private dwellings, for the purpose of ascertaining and causing to be correctedany conditions liable to create a fire hazard or Health & Safety quality of living concern for thegeneral public. The inspection shall be of:(1)(2)The storage, sale and use of flammable liquids, combustibles and explosives;Electric wiring and heating;

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska27(3)(4)(5)(6)(7)The means and adequacy of exits in case of fire in schools, churches, hotels,halls, theaters, factories, hospitals and all other buildings in which numbers ofpersons congregate from time to time for any purpose whether publicly orprivately owned;The design, construction, location, installation, and operation of equipment forstoring, handling and utilizing of liquified1 liquefied petroleum gases andspecifying the odorization of such gases and the degree of odorization; andChemicals, prozylin plastics, nitrocellulose films or any other hazardous materialUnsafe conditions (abridged), andAdoption to the provision in statutes of the International Fire Code, 2012edition(Code 1975, § 3-407)NOTATIONS:- In the strike out change, liquified1 this is an error in spelling.ARTICLE III. - FIRE CODESSec. 42-121. - Adopted by reference.Incorporated by reference into this chapter are the standards recommended by the NationalFire Protection Association, known as the NFPA 101 Life Safety Code, 1994 2012 edition. Thiscode shall have the same force and effect as if set out verbatim in this section. Three copies ofthe Life Safety Code are on file with the city clerk and shall be available for public inspection atany reasonable time.To provide certain minimum standards, provisions and requirements for Life and Safety, theInternational Fire Code, 2012 edition, and all subsequent editions and amendments theretowhen adopted and approved by the State of Nebraska or an agency thereof, is incorporated byreference in addition to all amendments as though printed in full in this section insofar as thecode does not conflict with the statutes of the state. One copy of the NFPA 101 Life Safety andFire Code is on file at the office of the City Clerk and is available for public inspection at anyreasonable time. The provisions of the Fire Code shall be controlling throughout the city andthroughout its zoning jurisdiction.(Code 1975, § 7-201)Chapter 34 - EMERGENCY SERVICESARTICLE II. - ALARM SYSTEMSSec. 34-41. - Suspension of alarm user permits. Violations of False AlarmsThe following limits are established for each alarm system:

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska28(1)Upon receipt of the third second false alarm within a calendar year, a warningnotice shall be issued by the Fire Department alarm coordinator to the alarmed user and thealarm business monitoring the system. Upon any additional false alarms within the calendaryear, a causation response report must shall be filed with the alarm coordinator by thealarm user within ten days of the false alarm.(2)Upon receipt of the seventh third false alarm within a permit calendar year,the alarm user shall be subject to the following service fees to be paid to the city clerk CityClerk of the City of South Sioux City within ten days after notice that it is due.Seventh false alarm . 25.00Eighth false alarm . 25.00Ninth false alarm . 25.00Tenth false alarm . 25.00Eleventh false alarm . 35.00Twelfth false alarm . 35.00Each false alarm is a separate violation of the ordinance and shall be fined as follows withina year (consecutive 365-day period, beginning January 1, of each year):1st False Alarm No Charge2nd False Alarm No Charge3rd False Alarm 504th False Alarm 1005th False Alarm 2006th False Alarm 3007th False Alarm 4008th (and over) False Alarm 500 each occurrence(3)Upon receipt of the 12th false alarm within a calendar year, a notice ofsuspension of response service shall be issued by the alarm coordinator to the alarm user andthe alarm business maintaining the system. The notice shall be sent by regular mail and shallbe effective ten days after postmarked date of the notice. Such suspension shall be effectiveuntil certification by the chief of police or his designee that the problems or fault with thealarm system resulting in the occurrence of false alarms have been corrected or untilreinstatement of the alarm response service by the city council.(4)The failure of the alarm user to pay any of the services or permit fees withinthe time specified in this article will result in suspension of response service until suchpayments are made. The pendency of a suspension appeal before the city council will toll theperiod of payment of the service fee relating to such suspension.

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska29(5)For accounting purposes, all false alarms in a 24-hour period (from noon tonoon) with a maximum of three, will be counted as one. Any additional alarms during thatperiod will be counted as additional false alarms.(6)Alarm response service may be suspended by the alarm coordinator forrepeated violations of the provisions of this article or other applicable laws and ordinances.Such suspension shall be appealable in the same manner and in the same times as anysuspension of response service or service fee imposed pursuant to this section.(Code 1975, § 6-413)End Fire Dept. Code Changes

CITY OF SOUTH SIOUX CITYCOUNCIL AGENDAMarch 12, 2018 @ 5:00 p.m.City Hall Council Chambers1615 1st Avenue, South Sioux City, Nebraska30Resolution Statement of AssurancesRESOLUTION 2018-26RESOLUTION ADOPTING STATEMENT OF ASSURANCESAND TEMENTOFASSURANCES AND CERTIFICATIONS attached hereto is hereby approved.PASSED AND A

Pymt. South Sioux City Community For new fire station invoices from: Electronic g. . DAKOTA CO STAR CIVIL SERV MTG-ADS-LIB NOTICE 587.98 DAKOTA CO REGISTER RESOL/SURVEY 100.00 DATAMATIC, INC MONTHLY LIC/MAINT 378.80 . MERCY BUSINESS HEALTH SERV EAP FOR FEB-CONSULTANT 616.67 MIDAMERICAN ENERGY VARIOUS ADDRESSES 975.84