MINUTES - CITY COUNCIL MEETING
Hawarden Public Library
Monday, June 17, 2002 at 7:00 P.M.

Mayor Pro-Tem, Cauwels called the meeting to order at 7:02 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; Mike DeBruin, Police Chief.

Staff Absent: None

Standard Agenda Items

Item 1a. Approval of June 3, 2002 Minutes. Moved by Woodley/Lubkeman to approve the Minutes of June 3, 2002. Motion carried unanimously.

Item 1b. Approval of Claims for Payment. Moved by Woodley/Lubkeman 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 residents were in attendance. Nothing new was presented to the Council.

Item 2a. Staff Reports/Discussion.

• Mr. Coffey reported that there would not be any state Brownfield funding available for the proposed fire station.
• He also reported that 302 homes were furnished with smoke detectors, carbon monoxide detectors and escape ladders from the Fire Department Grant.
• A letter has been sent to a Mediacom attorney requesting payment for an information request.
• Mr. Coffey told the Council he would be gone from Wednesday afternoon thru Friday for the City Manager’s Conference.
• Tom Kane, Public Works Director, reported that a squirrel had caused three outages in the past ten days.
• He also reported that that the total cost of the city-wide cleanup was $5700.
• Sharole Rens, Finance Officer, said that the Flex Spending Program offered to the City employees went well.

Item 2b. Mayor Report. Nothing reported in the absence of the Mayor.

Other Agenda Items

Item 3. Second Reading of Ordinance 603 - An Ordinance of the City of Hawarden Repealing Title 8, Chapter 8.32 “Littering”, 8.36 “Nuisances”, 8.40 “Dutch Elm Disease”; and Title 13, Chapter 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 approve the second reading of Ordinance No. 603. Aye: Lubkeman, Woodley, Nohava, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 4. Public Hearing and Second Reading of Ordinance 604 - Rezoning Property. A public hearing on an Ordinance to consider a request to rezone property from R-2 (Medium Density Residential) to B-2 (Commercial). The property is located east of Avenue L and north and northeast of Oak Hills Drive, totaling approximately 7.40 acres. It is commonly known as portions of the previous Sioux Empire College and more recently known as the LSS Group Home and gymnasium. Legally the property is a portion of the SW _ of SE _ of Section 26, T95N R48W. A full survey is available for review at the City Offices. Mayor Pro-Tem, Cauwels opened the public hearing at 7:16 p.m. Phil Zimmerman was present to voice his concern against the rezoning of this property to B-2 because of his existing apartments in that area. He urged the Council to look at other options for this property. Joe Johnson also commented about the rezoning. There were no written comments. The hearing closed at 7:27 p.m. Moved by Cauwels/Harvey to table this Ordinance until the July 1st Council Meeting and continue with the public hearing at this time. Aye: Lubkeman, Woodley, Nohava, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 5. Approval of the Write-Off of Bad Debts for Utilities and Ambulance Service. Moved by Woodley/Cauwels to approve the bad debt write off for utilities and ambulance service in the amount of $41,609.82. Motion carried unanimously.

Item 6. Discussion of Community Center Project Phase II - Whether to Try to Move this Phase to FY 2003-04 instead of FY 2004-05. Mr. Coffey presented a financial plan to move up the Community Center Project by a year. The Council asked for final figures on Phase I of the project before proceeding with Phase II. No action was taken.

Item 7. Discussion of Previous Tax Abatement Application. Discussion was held on a previous request for a phased-in 10-year tax abatement for four new residential, owner-occupied, condominiums with a total estimated value of $284,000. The County Supervisor abated the 2nd year of missing tax abatement and is giving back the County’s portion of the lost year. Moved by Harvey/Woodley to return the City’s portion of property taxes received for the amount of taxes that would normally been abated for one year. Such amounts shall be paid to the four property owners of 1004 - 1016 Avenue O for an amount not to exceed $1006 total. Motion carried unanimously.

Item 8. Discussion/Approval of Tax Abatement Policies. Mr. Coffey presented general policies and some options available on future tax abatements. Moved by Harvey/Woodley to approve the policy, with changes, for the granting of tax abatements. Motion carried unanimously.

Item 9. Resolution 2002-21 - Application for Tax Abatement. Moved by Woodley/Nohava to approve the request for a phased, 10-year tax abatement for Richard and Carol Tilstra for a new residential house located at 1903 Avenue C, legally known as Lots 14 & 15, Block 2, Calliope River Addition. Motion carried unanimously.

Item 10. Discussion of Write-off of Hospital Debt. Moved by Woodley/Nohava to write off $19,332 of Hospital debt accrued in FY 1998-99. Motion carried unanimously.

Item 11. Discussion of Horse Barn and Stables Lease on City Property by 3rd Street. Discussion was held on whether or not to renew the lease and allow livestock on approximately 2 acres of City owned property on 3rd Street, which is zoned Heavy Industrial. This property has been leased since the 1960’s. It was reported that legally this property is currently grandfathered in for this use. Moved by Harvey/Woodley to allow the City Administrator and Mayor to handle any new leases on this property. Motion carried unanimously. The City Administrator stated he planned to continue the lease as it was. He said direction is needed as to the Council’s wishes for horses/cattle on the site. Discussion ensued. Moved by Cauwels/Nohava to not allow livestock within the City limits and to remove any livestock on this property by the end of this year and hay the ground. Motion carried 3-2.

Item 12. Approval of Affidavit of Missing Check. This affidavit will allow a new check to be issued for the one that was lost. Moved by Harvey/Nohava to approve the affidavit of the missing check. Motion carried unanimously with Woodley abstaining.

By general consent, the Council moved up item 14 ahead of item 13 prior to going into Closed Session.

Item 14. Request for Renewal of Class LC Liquor License - A request by Mark and Marsha Eilers of Hat City, Ltd. d/b/a Hat City, Ltd, located at 2201 Avenue E to renew their license. Moved by Nohava/Harvey to approve the renewal of the Class LC Liquor License for Hat City Ltd. Motion carried unanimously.

Item 13. Closed Session of Telecommunication Issues Under Iowa Code Section 388.9(1) (Proprietary). At 8:17 p.m., moved by Woodley/Lubkeman to enter into Closed Session for the purpose of discussing Telecommunication issues. Motion carried unanimously. At 8:43 p.m., moved by Cauwels/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 8:44 p.m.

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Mike Cauwels, Mayor Pro-Tem