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

The meeting was called to order at 6:19 p.m.

Present: Mayor Porter; Council persons: Woodley, Nohava, Harvey, Cauwels, Lubkeman.

Absent: None

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

Staff Absent: None

At 6:19 p.m., moved by Lubkeman/Cauwels to amend the Agenda for open business from the community prior to Item 1A. Motion carried unanimously.

An industrial client was present to discuss the construction and plans for a future pork processing facility within Hawarden.

Planning Session Agenda Items

Item 1a. Council/Staff Planning Session (Not Televised). Discussion/Review of Draft Property Maintenance Code. Discussion was held on what procedures should be used with the City’s new Property Maintenance Code.

Standard Agenda Items

Item 1b. Approval of April 1, 2002 Minutes (Televised). Moved by Woodley/Nohava to approve the Minutes of April 1, 2002. Motion carried unanimously.

Item1c. Approval of Claims for Payments. Moved by Nohava/Cauwels 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). Mary Jane Wagers and Gary Moffatt were present to express their concerns about the overall condition and hazards of the Tilstra house on Central Avenue.

Item 2a. Staff Reports/Discussion.

• Mr. Coffey reported that Mediacom is asking for a pole attachment agreement. The current pole rate we have now is outdated and needs to be brought up to current standards.
• Cell phone agreements have not been completed and we are still waiting for the agent agreement from the attorneys.
• Mr. Coffey also reported that action was delayed on House File 2459. This will give the City extra time to work with the Hospital Board and others.
• The City is currently developing bid packages on the construction of a new building for the Fire Department.
• Mr. Coffey said that we did not get the grant for the housing down payment assistance, only 19 out of 116 cities were funded. Notification on the LHAP Grant should be received by May 1st.
• Tom Kane reported that City wide clean-up would be April 22-26.
• He also stated that progress is steadily being made on Wee Care.
• The bid for the well at the Golf Course came in at $32,000.
• Chris Myres reported that the new calling cards would be sent out next week and that we had received notice from the IUB that ATT’s request for a stay in paying their past due access payments was denied.
• It was requested that the recycling dates be put on Channel 10 and also in the City newsletter.

Item 2b. Mayor's Report.

Other Agenda Items

Item 3. Memorandum of Understanding for Big Sioux River Corridor. Mr. Wayne Schlotfeldt, Engineer from LeMars, was present and spoke to the Council on the Big Sioux River Corridor Project. Moved by Cauwels/Woodley to accept and adopt the Memorandum of Understanding for the Big Sioux River Corridor. Motion carried unanimously.

Item 4. Third Reading of Ordinance 599 - An Ordinance Revising Residential Garbage Collection Rates. Moved by Woodley/Cauwels to approve the third reading of Ordinance No. 599, Revising Residential Garbage Rates. Aye: Woodley, Cauwels, Lubkeman. Nay: Nohava, Harvey. Motion carried.

Item 5. Third 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 third reading of Ordinance No. 600, Extending the Current Mediacom Cable Franchise for a Period of 2 Years. Aye: Woodley, Nohava, Harvey, Cauwels, Lubkeman. Nay: None. Motion carried unanimously.

Item 6. Resolution 2002-16 - A Resolution Approving Digital HITS (Head-In The Sky) Contract and Authorizing the Mayor and City Administrator to Sign Said Contracts. This contract will formalize the agreement allowing the City to get Digital TV. Moved by Cauwels/Woodley to approve Resolution No. 2002-16. Aye: Woodley, Nohava, Cauwels, Lubkeman. Nay: Harvey. Motion carried.

Item 7. Postponing the Public Hearing Approved in Resolution 2002-06 Regarding the Disposal of Real Property Until May 6, at 7:00 P.M. or Soon Thereafter and Extending the Bid Deadline for Said Property in Resolution 2002-06 Until May 2nd at 4:30 P.M. Moved by Nohava/Lubkeman to postpone the Public Hearing and deadline for bids approved in Resolution 2002-06 until the May 6 Council Meeting for an industrial client. Aye: Woodley, Nohava, Harvey, Cauwels, Lubkeman. Nay: None. Motion carried unanimously.

Item 8. Adoption of Payment Draw Down for the CDBG/Wee Care Project. This is the second payment from CDBG. Moved by Cauwels/Lubkeman to approve the adoption of the second payment draw down for the CDBG/Wee Care Project. Motion carried unanimously.

Item 9. First Reading of Ordinance 601 - An Ordinance Providing Rebates for Participating in the City’s Electric Load Management Program. This ordinance adds incentives for participation in the Electric Load Management Program. Moved by Nohava/Harvey to approve the first reading of Ordinance No. 601. Aye: Woodley, Nohava, Harvey, Cauwels, Lubkeman. Nay: None. Motion carried unanimously.

10. First Reading of Ordinance No. 602 - An Ordinance of the City of Hawarden Amending Title 3, Chapter 3.02 of the City Code of Ordinance Entitled “Ambulance Service and Material Charges” Providing for a Repealer, Severability, and an Effective Date. This Ordinance will adjust our ambulance rates to match Medicare/Medicaid in order to achieve maximum benefits. Moved by Cauwels/Harvey to approve the first reading of Ordinance No. 602. Aye: Woodley, Nohava, Harvey, Cauwels, Lubkeman. Nay: None. Motion carried unanimously.

Item 11. Discussion of 2002 Goals. Mr. Coffey gave a progress report on the 2002 Goals and answered questions regarding various goals.

Item 12. Closed Session of Telecommunication Issues Under Iowa Code Section 388.9(1) (Proprietary). At 8:00 p.m., moved by Nohava/Woodley to go into Closed Session for the purpose of discussing Telecommunication issues. Motion carried unanimously. At 8:40 p.m., moved by Harvey/Cauwels to adjourn Closed Session and resume Regular Session. Motion carried unanimously.

Item 13. Closed Session to Discuss Potential Litigation Under Iowa Code Section 21.5(1)j. Easement Issue From Mr. Ray Bockelman Electric Lines. At 8:43 p.m., moved by Cauwels/Woodley to enter into Closed Session for the purpose of discussing potential litigation under Iowa Code Section 21.5(1)j.

At 8:59, moved by Woodley/Nohava to adjourn Closed Session and resume Regular Session. Motion carried unanimously.

Moved by Lubkeman/Cauwels to adjourn. Motion carried unanimously. The Council meeting adjourned at 9:00 p.m.

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Michael Cauwels, Mayor Pro-Tem