MINUTES - CITY COUNCIL MEETING
Hawarden Public Library
Monday, May 20, 2002 at 7:00 P.M.

The meeting was called to order at 7:02 p.m.

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

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

Standard Agenda Items

Item 1a. Approval of May 6, 2002 Minutes. (Televised). Moved by Harvey/Woodley to approve the Minutes of May 6, 2002. Motion carried unanimously.

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

Item 1c. Open Business from the Community (limited to a maximum of 5 minutes per item). Several Hawarden citizens were present to voice their concerns on the construction of a new manufacturing plant to be located in the Industrial Park area. Some focused concerns were that of odors that would emanate from this industry, loss of property value, and potential water and sewage problems for the area. Joe Johnson discussed a petition that had been circulating from the citizens and stated that an attorney had been hired to look into the actions of the Council on this item. Mr. Coffey presented alternative views as a private citizen. He stated that Hawarden needed the agriculture industry in the city for employment, and the taxes generated from this industry could help support the city, school, retail district, hospital, etc. He invited people to go by and smell Iowa Lamb, Alcester Meats, and Premier Swine and then go by the site and look at the distances. Community discussion closed at 7:45 p.m.

Item 2a. Staff Reports/Discussion.

• Tom Kane, Supt. of Public Works, reported that the painting and tiling are done at the Wee Care Gym. Completion of the brick and installation of the carpet should be completed soon, along with the installation of the cabinets.
• He also reported that the leaf and grass drop off is going well with no significant problems reported.
• Mike DeBruin, Police Chief, reported that the Bike Rodeo is scheduled for June 1st.
• Chris Myres gave a presentation on digital TV at the HAPP Coffee, sponsored by Hitec. Digital TV will be testing in a couple of weeks with a start date of July 1. Pre sign-ups will begin June 1st.
• Mr. Coffey reported that the ribbon cutting ceremony for Wee Care is scheduled for May 31st at the 10:00 a.m. HAPP Coffee and an open house will be held a couple of weeks later during the evening hours for all the public. The financing for Wee Care is set for closing on Friday May 24th.
• He also stated that the Tilstra house on Central Avenue has been inspected and he will prepare a letter for the trustee and auctioneer for any potential buyers.

Item 2b. Mayor's Report. Mayor Porter extended sympathy to family and friends of Barry Small, and also the City of Akron. Mr. Small died in a house fire and was a council member of the City of Akron. The Hawarden Fire Department will be represented at the funeral. He stated that he would be attending Hillcrest Care Center at their Employee Appreciation Tea and thank them for their services to the community. He is also planning on talking to the 3rd grade class for a question and answer time. Mayor Porter congratulated all the West Sioux and surrounding graduates for their accomplishments. He reminded everyone of the ribbon cutting ceremony at Wee Care on May 31st, with an open house at a later date.

Other Agenda Items

Item 3. Public Hearing and Resolution 2002-26 - Approving a FY 2001-02 Budget Amendment. Mayor Porter opened the public hearing at 7:50 p.m. There were no oral or written comments. The public hearing closed at 7:51 p.m. Moved by Woodley/Cauwels to approve Resolution No. 2002-26, Approving a FY 2001-02 Budget Amendment. Aye: Harvey, Cauwels, Lubkeman, Woodley, Nohava. Nay: None. Motion carried unanimously.

Item 4. Third Reading of Ordinance 601 - An Ordinance Providing Rebates for Participating in the City’s Electric Loan Management Program. Moved by Nohava/Cauwels to approve the third reading of Ordinance #602, Providing Rebates for Participating in the City’s Electric Loan Management Program. Aye: Harvey, Cauwels, Lubkeman, Woodley, Nohava. Nay: None. Motion carried unanimously.

Item 5. Third 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. Moved by Woodley/Cauwels to approve the third reading of Ordinance #602. Aye: Harvey, Cauwels, Lubkeman, Woodley, Nohava. Nay: None. Motion carried unanimously.

Itme 6. Discussion of Previous Tax Abatement Application. There were problems with a previous request for a phased-in 10-year tax abatement for four new residential condominiums, located on Avenue O, Lots 1-4, Gladstone Hill Addition. It was decided by general consensus to research the abatement further and contact the County Supervisor for direction on this item.

Item 7. Resolution No. 2002-21, Application for Tax Abatement - Request for phased, 10-year tax abatement by Richard and Carol Tilstra, for a new residential house with an estimated value of $32,000 (materials). The property is located at 1903 Ave. C and is legally known as Lots 14 & 15, Block 2, Calliope River Addition. The house is currently under construction. It was decided by general consensus to postpone this item until June 3rd to give the City Administrator sufficient time to develop some policy options on abatements. No action was taken at this time.

Item 8. Resolution No. 2002-24 - A Resolution Setting Annual Salaries. Moved by Woodley/Lubkeman to approve Resolution No. 2002-24, Setting Annual Salaries. Aye: Cauwels, Lubkeman, Woodley, Nohava. Nay: Harvey. Motion carried.

Item 9. Resolution No. 2002-25 - A Resolution Adopting a New Cafeteria/Flexible Benefits Plan. This resolution will allow the City to set up flex spending for the employees, saving the City money in contributions and saving the employee money for daycare, dental work, medical co-payments and medical deductibles. Moved by Cauwels/Harvey to approve Resolution No. 2002-25, A Resolution Adopting a New Cafeteria/Flexible Benefits Plan. Aye: Harvey, Cauwels, Lubkeman, Woodley, Nohava. Nay: None. Motion carried unanimously.

Item 10. Closed Session of Telecommunication Issues Under Iowa Code Chapter Sect. 388.91.23 (Proprietary). At 8:20 p.m., moved by Woodley/Cauwels to enter into Closed Session for the purpose of discussing telecommunication issues. Motion carried unanimously. At 8:58 p.m., moved by Harvey/Nohava to adjourn Closed Session and resume Regular Session. Motion carried unanimously.

Item 11a. Request for Approval for the Renewal of a Class BB Alcohol License With Sunday Sales, a request by K & W, Inc. dba Pizza Ranch located at 723 Central Avenue to renew their license. Moved by Harvey/Nohava to approve the renewal of a Class BB Alcohol License with Sunday Sales for K & W, Inc. dba Pizza Ranch. Motion carried unanimously.

Item 11b. Request for Approval for the Renewal of a Class BC Alcohol License With Sunday Sales, a request by Hawarden Supermarket, Inc. dba Fiesta Foods (previously Jubilee Foods) located at 800 Ave E to renew their license. Moved by Harvey/Nohava to approve the renewal of the Class BC Alcohol License with Sunday Sales for Fiesta Foods. Motion carried unanimously with councilperson, Woodley abstaining.

Item 11c. Request for Temporary License Transfer to the Old City Hall for May 25, 2002. Request from Mr. Brian Engleman dba as Sportsman’s Lounge. Moved by Harvey/Nohava to approve the temporary license transfer for Sportsman’s Lounge on May 25, 2002. Motion carried unanimously.

Item 12. Adoption of the Third Payment Draw Down for the CDBG/Wee Care Project. This project draw down allows the City to be reimbursed for the CDBG Grant. Moved by Cauwels/Lubkeman to approve the adoption of the third payment draw down for the CDBG/Wee Care Project. 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. The Council discussed Ordinance No. 603 and then decided by general consensus to direct staff to re-write some of the provisions of this ordinance for review and discussion at the June 3rd Council Meeting.

Item 14. Discussion/Approval to Pursue Rezoning of LSS Property to I-1 (Light Industrial). The LSS property is currently zoned R-1. If this property is to be utilized for potential industry, it will have to be rezoned to I-1 (Light Industrial). Moved by Nohava/Cauwels to pursue the rezoning of the LSS Property to I-1. Motion carried unanimously.

Item 15. Discussion of Sidewalk and Alley Blockage With Bomgaar’s and Pamida. After discussing the sidewalk and alley blockage problems with Bomgaar’s and Pamida, it was recommended that the City establish and apply a standard to limit the display width of 4ft wide and height of 6ft, with no blockage of the alley for storage.

Item 16. Discussion of Credit Card System. Moved by Cauwels/Nohava to postpone this item until the next regular Council Meeting of June 3rd. Motion carried unanimously.

Moved by Nohava/Lubkeman to adjourn. Motion carried unanimously. The Council meeting adjourned at 9:38 p.m.

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Ricard R. Porter, Mayor