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

The meeting was called to order at 6:20 p.m.

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

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

Planning Session Agenda Items

Item 1a. Council/Staff Planning Session - 6:15 p.m. - 7:00 p.m. (Not Televised). At 6:20 p.m., Mayor Porter opened the Public Hearing regarding the Property Maintenance Code. Several citizens were present to voice their concerns and ask questions regarding junked cars and garbage in the City. Snapshots taken by a citizen were also viewed by the Council. Mr. Coffey explained how the new maintenance code on these items would be addressed. The Public Hearing closed at 7:00 p.m.

Standard Agenda Items

Item 1b. Approval of April 15, 2002 Minutes. (Televised). Moved by Harvey/Nohava to approve the Minutes of April 15, 2002. Motion carried unanimously.

Item 1c. Approval of Claims for Payment. Moved by Cauwels/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). Joe Johnson, 704 - 3rd St, told the Council of a vehicle that went through his yard during the last snow storm and requested that the Supt. of Public Works mark the right away so he can install a barrier on his property. There was no further business from the community.

Item 2a. Staff Reports/Discussion.

• Mr. Coffey gave a brief summary on some of the upcoming City issues. The City is also waiting to proceed with the Fire Station project to see if we can receive any money from the Brownfield Grant Fund.
• The City did not get the LHAP Housing Grant that we applied for.
• Mr. Coffey said that he had made a presentation to the First Baptist Church in regard to the Middle School Lunchroom building.
• The NWICC heavy equipment course students should start moving dirt on the Dry Creek Project within the next week. Electric power line students will work on removing the trees.
• The Wee Care ribbon cutting ceremony has been set for May 31st at 10:00 a.m. at the H.A.P.P. coffee, with the open house to be scheduled a couple weeks later. The financing for Wee Care is set for a closing date of Friday, May 24th.
• A good response has been received from the public on the Load Management System.
• Mr. Coffey also stated that the Police Department would be holding a bike rodeo next weekend.
• He also stated that the State is turning over the responsibility of the drivers license program to the County and that he is working with the City Manager of Rock Valley and others to keep this service visiting Hawarden.
• Tom Kane reported that the spring clean-up went well this year and that the City has a drop-off area on 13th Street behind Iowa Lamb for leaves, limbs and grass clippings.
• Mr. Kane also stated that the trees in the dry creek by the Middle School are free to anyone who wants to cut them for firewood.

Item 2b. Mayor's Report. Three Proclamations were presented by Mayor Porter; “National Police Week” for the week of May 12-18, 2002,designating May 15 as Peace Officers’ Memorial Day. Also proclaimed was “Small Business Week 2002” for the week of May 5-11, 2002, and “Emergency Medical Services Week” May 19-25, 2002. Mayor Porter read a thank you from the Big Sioux River Corridor for adopting and signing the memo of understanding.

Other Agenda Items

Item 3. Discussion of Previous Tax Abatement Application. Randy Porter was present to discuss a problem he has had with a previous tax abatement for his condominiums built in 1999. Initial forms were filled out and approved and filed, however another form was supposed to be filled out after the completion of the project, therefore missing the tax abatement for two of his units for two years and two units for four years. Moved by Harvey/Woodley to direct the City Administrator to research this item further and postpone it until the next regular meeting. Motion carried unanimously.

Item 4. Public Hearing Regarding the Disposition of Property in the Hawarden Industrial Park. The Public Hearing was opened at 7:40 p.m. Several citizens of Hawarden were present to voice their concerns regarding the construction of a new manufacturing plant to be located in the Industrial Park area. Concerns raised and addressed include property values, clean air (smell), cost of infrastructure, sewage treatment costs, economic grants, utility usage, property donation, referendums and also the possibility of other new businesses wanting to locate in this area. Councilman Cauwels assured the citizens that he understood their concerns and appreciated their comments and that the Council’s decision would be made in the best interest of the City. The Public Hearing closed at 8:37 p.m.

Item 5. Resolution No. 2002-17 - A Resolution Approving Property Bids And The Sale/Disposition Of Real Estate. No further discussion was held on the sale/disposition of this property. Moved by Cauwels/Woodley to approve Resolution No. 2002-17, Approving Property Bids and the Sale/Disposition of Real Estate. Aye: Woodley, Cauwels, Lubkeman. Nay: Nohava, Harvey. Motion carried.

Item 6a. Resolution No. 2002-18a - A Resolution Establishing A Tax Increment Revenue Fund And Authorizing A Loan To That Fund. (Economic Grant for Business in TIF Area A). This will provide an economic grant with a payback of approximately 5 years. The debt will be paid back through new TIF revenues created by the new manufacturing plant and protected through a tax assessment agreement. Moved by Cauwels/Woodley to approve Resolution No. 2002-18a. Aye: Cauwels, Lubkeman, Woodley. Nay: Harvey, Nohava. Motion carried.

Item 6b. Resolution No. 2002-18b - A Resolution Authorizing An Economic Development Grant To V And S Management, LLC For The Purpose Of Constructing A Pork Processing Plant. Moved by Cauwels/Woodley to approve Resolution No. 2002-18b, Authorizing a Economic Development Grant to V & S Management, LLC. Aye: Cauwels, Lubkeman, Woodley. Nay: Harvey, Nohava. Motion carried.

Item 7. Second Reading of Ordinance 601 - An Ordinance Providing Rebates For Participating In The City’s Electric Load Management Program. This Ordinance provides incentives for the Load Management Program. Moved by Harvey/Cauwels to approve the second reading of Ordinance No. 601. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.

Item 8. Second Reading of Ordinance 602 - An Ordinance Of The City Of Hawarden Amending Title 3, Chapter 3.02 Of The City Code Of Ordinances Entitled “Ambulance Service And Material Charges” Providing For A Repealer, Severability, And An Effective Date. This Ordinance will make some minor changes in our ambulance rates to correspond with the new Medicare/Medicaid rate program. Moved by Harvey/Cauwels to approve the second reading of Ordinance No. 602. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.

Item 9. Resolution No. 2002-19 - Approving a Resale Agreement with Hickory Tech and Authorizing the Mayor and City Administrator to Sign Said Agreement. This Resolution allows us to meet the IUB requirement that Hitec serves the entire Hawarden exchange. Moved by Harvey/Cauwels to approve Resolution No. 2002-19. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.

Item 10a. Resolution No. 2002-20 - Application For Tax Abatement. Moved by Cauwels/Woodley to approve Resolution No. 2002-20 - Application for Tax Abatement for Randy Porter of Porter Development for four new residential owned condominiums and a request from the Council to prepare the process necessary for future tax abatements. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.

Item 10b. Resolution No. 2002-21 - Application for Tax Abatement. Moved by Woodley/Nohava to table Resolution No. 2002-21 until the next regular council meeting for further research on this item. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.

Item 11. Resolution No. 2002-22 - A Resolution Approving the Reassignment of the Pole Attachment Agreement From AT&T to Mediacom and Authorizing the Mayor and City Administrator to Sign any Reassignment Agreement. Moved by Harvey/Cauwels to approve Resolution No. 2002-22, Approving the Reassignment of the Pole Attachment Agreement from AT&T to Mediacom and Authorizing the Mayor and City Administrator to Sign any Reassignment Agreement. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None.
Motion carried unanimously.

Item 12. Resolution No. 2002-23 - FY 2001-02 Budget Amendment - A Resolution Adopting a Final Proposed Budget Amendment and Ordering Notice of a Public Hearing on the Adopted Proposed Final Budget Amendment. This Resolution adopts a draft budget amendment and advertises for a public hearing and will also bring us in compliance with State law. Moved by Woodley/Lubkeman to approve Resolution No. 2002-23 - FY 2001-02 Budget Amendment. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.

Item 13. Discussion and/or First Reading of Ordinance 603 - An Ordinance of the City of Hawarden Repealing Title 8, Chapters 8.32 “Littering”; 8.36 “Nuisances”; 8.40 “Dutch Elm Disease”; and Title 13, Chapters 13.24 “Dilapidated Structures” and Adding a New Title 14 Entitled Property Maintenance Code”, by Establishing Definitions, Property and Building Maintenance Standards, Enforcement Processes and Public Abatement Standards; Providing Repealer and Severability Clauses and an Effective Date. Moved by Woodley/Nohava to postpone the first reading of Ordinance No. 603 until the May 20th Council meeting. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.

Item 14. Approving Community Center Project Change Order #2. The approval of Change Order #2 allows us to change the Community Center parking lot from asphalt to concrete. Moved by Harvey/Cauwels to approve Change Order #2. Aye: Harvey, Cauwels, Lubkeman, Woodley. Nay: Nohava. Motion carried.

Item 15. Discussion of Adding Exemption Permits on a Case-By-Case Basis by Police, for Things Such as Dumpsters and Some Contractors Where Temporary Off-Street Storage Cannot be Physically Accomplished. After discussion, the Council decided to let the Police Department handle this issue on a case-by-case basis.

Item 16. Discussion of Sidewalk and Alley Blockage with Bomgaars and Pamida, etc. After discussion, the Council directed the City Administrator to work with Bomgaars and Pamida to place supplies not more than 3 ft. from their buildings and stacked no more than 5 ft. high, and to designate only certain times of the year for outside displays on the sidewalks in front of their buildings for pedestrian safety.

Item 17. Discussion of City Hall Copier Upgrades and Credit Card System. After discussion, moved by Harvey/Woodley to purchase a print controller for the City office copier. Motion carried unanimously. It was decided to look further into the credit card system. No action was taken.

Moved by Woodley/Nohava to adjourn. Motion carried unanimously. The Council meeting adjourned at 9:47 p.m.

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Ricard R. Porter, Mayor