MINUTES - CITY COUNCIL MEETING
Hawarden Public Library
Monday, April 1, 2002 at 6:15 P.M.

The meeting was called to order at 6:18 p.m.

Present: Council Persons: Lubkeman, Woodley, Nohava, Harvey, Cauwels.

Absent: Mayor Porter

Staff Present: Craig Coffey, City Administrator; Tom Kane, Public Works Director; Chris Myres, Telecommunications Director; Jim Pickner, City Attorney; Sharole Rens, Finance Officer.

Staff Absent: Mike DeBruin, Police Chief

In the absence of the Mayor, Mayor Pro-Tem Cauwels presided over the meeting.

Planning Session Agenda Items

Item 1a. Council/Staff Planning Session - 6:15 p.m. - 7:00 p.m. (Not Televised). Community Attraction and Tourism (CAT) Grant Application. Discussion was held on the CAT Grant Application for future development of the Community Center/Wee Care area. No action was taken.

Standard Agenda Items

(Televised)

Item 1b. Approval of March 18, 2002 Minutes. Moved by Woodley/Lubkeman to approve the Minutes of March 18, 2002. Motion carried unanimously.

Item 1c. Approval of Claims for Payment. Moved by Nohava/Woodley to approve the Schedule of Claims for payment. Motion carried unanimously.

Item 1d. Open Business From the Community (limited to a maximum of 5 minutes per item). There was no open business from the community.

Item 2a. Staff Reports/Discussion.

• Mr. Coffey reported that Mediacom has submitted plans for construction of their aerial system in Hawarden with servicing out of LeMars. He stressed that deployment of digital TV and affordable quality internet is even more critical at this time.
• He also stated that a letter had been drafted to the Hospital Board and Iowa Legislators opposing House File 2459 which comes up for debate in the Senate.
• Mr. Coffey reported that the City Attorney is currently reviewing a cell-phone Tower/Lease Agreement. The City is expecting to receive the agent agreement soon.
• He said the City is looking for more lifeguards for the pool and training for lifeguards would be held in May.
• Tom Kane reported that City wide clean-up would be April 22-26.
• He also gave an update on the progress of the construction of the Community Center/Wee Care project. L. G. Everist is hauling dirt and NICC will be doing the dirt work and grading in May on Dry Creek. The brick layers will start Monday and the taping and mudding of sheetrock is progressing.

Item 2b. Mayor's Report. Mayor Pro-Tem, Cauwels read a proclamation declaring the week of April 7-13, 2002, “The Week of the Young Child”. He read thank you letters from the Hawarden Arts Council and from the Siouxland Blood Bank for the City’s continued support and participation in their endeavors. The proclamation for “Older American’s Month” will be read at the next regular meeting.

Other Agenda Items

Item 3. Second Reading of Ordinance 599 - An Ordinance Revising Residential Garbage Collection Rates. Moved by Woodley/Lubkeman to approve the second reading of Ordinance #599, Revising Residential Garbage Collection Rates. Aye: Lubkeman, Woodley, Cauwels.
Nay: Nohava, Harvey. Motion carried.

Item 4. Second Reading of Ordinance 600 - An Ordinance Extending the Current Mediacom Cable Franchise for a Period of 2 Years. Moved by Harvey/Nohava to approve the second reading of Ordinance No. 600, Extending the Current Mediacom Cable Franchise for a Period of 2 Years. Aye: Lubkeman, Woodley, Nohava, Harvey, Cauwels. Motion carried unanimously.

Item 5. Public Hearing on Financing and Resolution 2002-15a & 2002-15b, Resolutions Approving the Final Financing of Wee Care. Mayor Pro-Tem, Cauwels opened the Public Hearing at 7:20 p.m. There were no oral or written comments. Mayor Pro-Tem Cauwels declared the public hearing closed at 7:21 p.m. Moved by Cauwels/Woodley to approve Resolution 2002-15a & Resolution 2002-15b for the final financing of Wee Care. Aye: Cauwels, Nohava, Lubkeman. Nay: Harvey. Abstain: Woodley. Motion carried.

Item 6. Resolution No. 2002-16 - A Resolution Approving Digital HITS (Head-In In The Sky) Contract and Authorizing the Mayor and City Administrator to Sign Said Contracts. The Council and City Attorney questioned if the language in Part 2d(i) of the agreement would prevent the City from receiving digital programming from other sources. They also questioned if the contract was exclusive to HITS as well as the City for providing digital service in Hawarden. The Telecommunications Director was asked to look into this matter. Moved by Woodley/Nohava to postpone this item until the next regular meeting. Aye: Lubkeman, Woodley, Nohava, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 7. Approving Community Center Project Change Order and Discussion/Approval of Change to Switch Parking Lot from Asphalt to Concrete. Moved by Woodley/Nohava to approve the project change order for the Community Center and also to approve changes to the parking lot from asphalt to 5” of concrete with fiber. Aye: Lubkeman, Woodley, Nohava, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 8. Approval of Orders Accepting Acknowledgement/Settlement for $300 Civil Fine for Failure of a Tobacco Compliance Check From: Jubilee Foods; Hawarden Town & Country Market; Donny Mac’s; and Sportsman’s Lounge. Moved by Harvey/Nohava to approve the settlement agreements of Jubilee Foods, Town & Country Market, Donny Mac’s and Sportsman’s Lounge. Aye: Lubkeman, Nohava, Harvey, Cauwels. Nay: None. Abstain: Woodley. Motion carried.

Item 9. Approval of Updating Load Management System. Moved by Harvey/Woodley to approve the updating and expanding of the existing load management system and to provide for incentives for this program. Motion carried unanimously.

Item 10. Request for Temporary License Transfers to the Old City Hall for: a. Request from Mr. Brian Engleman dba as Sportsman’s Lounge for April 6, 2002. b. Request from Mr. Tom Sedgwick dba as Sedgwick Enterprises for April 13, 2002. Moved by Harvey/Woodley to approve the temporary license transfers for Sportsman’s Lounge and also for Sedgwick Enterprises. Motion carried unanimously.

Item 11. Discussion of Community Center - Finalizing Financing Plan, Next Steps in Process and Moving Project Up. Alternative options on funding for the Community Center and City Hall Project were discussed along with the possibility of moving the project up to start in September, 2003. The possibilities of setting up different committees from the community for the final designs of the buildings were discussed.

Item 12. Closed Session to Discuss the Potential Purchase of Property Under Iowa Code Section 21.5(1)j. At 7:45 p.m., moved by Woodley/Nohava to enter into Closed Session to discuss the potential purchase of property. Motion carried unanimously. At 8:20 p.m., moved by Harvey/Woodley to adjourn Closed Session and resume Regular Session. Motion carried unanimously.

Moved by Woodley/Nohava to adjourn. Motion carried unanimously. The Council Meeting adjourned at 8:25 p.m.

__________________________
Michael Cauwels, Mayor Pro-Tem