MINUTES - CITY COUNCIL MEETING
Hawarden Public Library
Monday, August 19, 2002 at 7:00 P.M.

The Council Meeting was called to order at 7:00 p.m.

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

Absent: Mayor, Ric Porter

In the absence of the Mayor, Mayor Pro Tem, Cauwels conducted the meeting.

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

Staff Absent: None.

Standard Agenda Items

Item 1a. Approval of August 5, 2002 Minutes. Moved by Woodley/Harvey to approve the Minutes of August 5, 2002. Motion carried unanimously.

Item 1b. Approval of Claims for Payment. Moved by Lubkeman/Woodley to approve the Schedule of Claims for payment. Aye: Lubkeman, Woodley, Nohava, Harvey. Abstain: Cauwels. Motion carried.

Item 1c. 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 staff is still working on solving some problems that are occurring with the new Hide Plant. The deed for the grain bins has been received and recorded and bids are advertised and due back by August 26th, with demolition scheduled before winter. Reports on the demolition of the Tilstra house and also the house on 902 Ave. A were given by Mr. Coffey. He reminded the Council of the Iowa League of Cities Annual Meeting in September. He also stated that we have had 11 people sign up for the EMT B Classes and that Brad was able to get the class here in Hawarden. The electric department will be working on the Library parking lot lights, and they will also be replacing the street lights on Thunderbird Ave. Mr. Coffey reported that the Mayor had written a letter to Sioux County to request lowering the speed limits on K18 and 23rd Street, and also a letter to Union County regarding the speed limit transition from South Dakota to Hawarden instead. He also stated that drilling of the Golf Course well would be started soon. Mr. Coffey briefly addressed the West Nile Virus concerns. The recreation activities are continuing with fall soccer and roller blade hockey. The annual audit is scheduled to start August 26th.
• Tom Kane reported that the street seal coating will begin August 22nd thru August 30th and a list of the streets would be published. The boring crew will be completing the boring of gas and electric lines this week. He also reported that water consumption was down by 500,000 - 800,000 gals. per day and the water table was staying steady. He thanked the community for all their cooperation with water conservation.
• Chris Myres, Telecommunications Director, reported that the City would be installing filters on our satellite dishes to help reduce interference from Offutt Air Force Base which may cause temporary outages.

Item 2b. Mayor Report. Mayor Porter was absent at this meeting.

Other Agenda Items

Item 3a. Discussion of Community Center Project Brick Overage - Mr. Dale McKinney From In Vision Architecture. Discussion was held on brick selection and the allowed allotment on the brick for the Community Center Project. A bill was presented at the end of the project that was .17 per brick higher than the contract. When brick selection was occurring, no one presented any increased costs for the brick. A deal to mitigate $1,500 of the cost was presented but not accepted. Mr. McKinney asked the Council for direction in handling this matter. The Council felt that this was the General Contractor and Sub-Contractor’s responsibility and directed Mr. McKinney to approach them about this bill.

Item 3b. Third Reading of Ordinance No. 605 - Water Conservation Ordinance. An Ordinance of the City of Hawarden creating a new chapter 12.30 entitled “water conservation/drought contingency”, by establishing water system shortage classifications; water restrictions associated with each classification; penalties; water allocation levels and other potable water protections associated with water shortages; providing Repealer and Severability clauses and an effective date. Moved by Harvey/Nohava to approve the third reading of Ordinance No. 605, Water Conservation Ordinance. Aye: Lubkeman, Woodley, Nohava, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 4a. Resolution 2002-29 - Adopting an Iowa Mutual Aid Contract. The legislature passed this new law to provide a legal and monetary framework for mutual aid to occur. The law was developed in response to 9/11 and other major disasters faced in the State. The mutual aid agreement addresses responsibilities, liability, licenses, limitations, reimbursement, etc. Moved by Woodley/Lubkeman to approve Resolution No. 2002-29. Aye: Lubkeman, Woodley, Nohava, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 4b. Request for Approval for a New Class C Liquor License with Sunday Sales. Moved by Woodley/Lubkeman to approve the request for a new Class “C” Liquor License/Sunday Sales for Brian Engleman and Adam Waterman of The Other Bar LLC, dba The Other Bar, located at 911 Central Avenue (previously Donny Mac’s). Motion carried unanimously.

Item 5. Approval of Change Order #1 for the Sewer Plant Clarification Replacement Project for $2,100.00. This item was postponed until the September 9th meeting to allow more time to work on this issue.

Item 6. First Reading of Ordinance No. 606 - An Ordinance of the City of Hawarden Repealing Title 7 in it’s Entirety and Replacing it With a New Title 7 Entitled “Animals”, by Establishing Chapter 7.04 Animal Protection and Control and Chapter 7.08 Dangerous and Vicious Animals; Providing Repealer and Severability Clauses and an Effective Date. This ordinance will replace a previous title 7, updates this section and readopts a previous section that was accidentally deleted when the nuisance code was replaced. Moved by Harvey/Woodley to approve the first reading of Ordinance 606 with change made to Section 7.08.01(I) to limit snake length to two (2) feet. Aye: Lubkeman, Woodley, Nohava, Harvey Cauwels. Nay: None. Motion carried unanimously.

Item 7. Resolution 2002-32 - A Resolution of the City of Hawarden Repealing Resolution 2002-2 and Authorizing the City Administrator or Telecommunications Director to Sign the Necessary Contractual Agreements to Add or Maintain Cable Channels on the Cable System. Moved by Harvey/Woodley to approve Resolution No. 2002-32. Aye: Lubkeman, Woodley, Nohava, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 8. Resolution 2002-33 - A Resolution of the City of Hawarden Declaring a “Water Watch” Conservation Classification in the City and the Water Use Restrictions that a “Water Watch” Entails, per the City of Hawarden’s Water Conservation Ordinance. This Resolution will formally implement a water watch as required by Ordinance No. 605. The water watch will be removed formally by a resolution when the drought has passed. Moved by Woodley/Harvey to approve Resolution 2002-33, Declaring a “Water Watch” Conservation Classification. Aye: Lubkeman, Woodley, Nohava, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 9. Hearing on the Public Abatement of Property; Tire Building and Premises at 1811 Avenue E and House and Mowing at 705 Avenue D. The Public Abatement order was not appealed, therefore no hearing was necessary.

Item 10. Approval of a Bid to Purchase a New Car for the Police Department. Two bids were received for the purchase of a new police vehicle. One was the State Contract at $20,540 with no trade-in allowance. The second bid received was from Heartland Motors for $20,973 with a trade in allowance of $3,000 (net cost $17,973). The budget amount for this purchase is $20,000. Moved by Woodley/Lubkeman to approve the bid from Heartland Motors at a trade in price of $17,973. Motion carried unanimously.

Item 11. First Reading of Ordinance No. 607 - An Ordinance of the City of Hawarden Authorizing the City Administrator or Telecommunications Director to Approve All Non-Rate Related Telephone Tariffs, and All Amendments to Such Telephone Tariffs, on Behalf of the City of Hawarden. This allows staff to continually adopt tariff changes as they occur but does not adopt any rates consumers will pay. Moved by Woodley/Nohava to approve the first reading of Ordinance No. 607. Aye: Lubkeman, Woodley, Nohava, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 12. Approving the Amendment of Resolution No. 2001-32- Establishing Tax Increment Revenue Fund and Authorizing Loan to That Fund. This amendment will clear up a legal issue implemented with the first project of the program. Moved by Woodley/Lubkeman to approve the amendment of Resolution No. 2001-32 with changes to Section 4b to read “if residency on site is not maintained for 3 years, the homeowner shall pay back the grant on a prorated basis.” The City Attorney was asked to rewrite this section. Aye: Lubkeman, Woodley, Nohava. Nay: Harvey. Abstain: Cauwels. Motion carried.

Item 13. Changing the Council Meeting Dates from September 2nd and 16th to September 9th and 23rd. Moved by Woodley/Lubkeman to approve changing the Council Meeting dates to September 9th and September 23rd. Motion carried unanimously.

Item 14. Closed Session of Telecommunications Issues Under Iowa Code Section 388.9(1)(Proprietary). At 7:55 p.m., moved by Lubkeman/Woodley to enter into Closed Session for the purpose of discussing telecommunication issues. Aye: Lubkeman, Woodley, Nohava, Harvey, Cauwels. Nay: None. Motion carried unanimously.

At 8:27 p.m., moved by Woodley/Nohava to adjourn Closed Session and resume Regular Session. Aye: Lubkeman, Woodley, Nohava, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 15. First Reading of Ordinance No. 608 - An Ordinance of the City of Hawarden Amending Local and Long Distance Telephone Rates. This will adopt our new FCC charges and new optional long distance and calling feature packages. In addition, it will ensure that every other charge is properly listed under one chapter and brought up to date. Moved by Nohava/Lubkeman to approve the first reading of Ordinance No. 608 and raising the FCC charge from $3.50 to $5.00 and the business multi line from $6.00 to $7.50 to make up for losses in long distance. Aye: Lubkeman, Woodley, Nohava, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 16. First Reading of Ordinance No. 609 - An Ordinance of the City of Hawarden Amending Cable Television Rates. This will adopt rates for our new optional digital cable services and will bring everything up to date. Moved by Harvey/Nohava to approve the first reading of Ordinance No. 609, Amending Cable Television Rates. Aye: Lubkeman, Woodley, Nohava, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 17. Review and Discussion of Draft Service Rules (if ready). This item was postponed until the September 9th Council Meeting.

Item 18. Closed Session for Discussion of Potential Litigation Under Iowa Code Section 21.5(1)c. At 8:30 p.m., moved by Nohava/Woodley to enter into Closed Session for the purpose of discussing potential litigation. Aye: Lubkeman, Woodley, Nohava, Harvey, Cauwels. Nay: None. Motion carried unanimously.

At 8:45 p.m., moved by Nohava/Harvey to adjourn Closed Session and resume Regular Session. Aye: Lubkeman, Woodley, Nohava, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Moved by Nohava/Harvey to adjourn. Motion carried unanimously. The Council Meeting adjourned at 8:45 p.m.

__________________________
Michael Cauwels, Mayor ProTem