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The Council Meeting was called to order at 7:05 p.m.
Present: Mayor Porter; Council Members: Nohava, Harvey, Cauwels, Lubkeman, Woodley.
Absent: None
Staff Present: Craig Coffey, City Administrator; Chris Myres, Telecommunications Director; Tom Kane, Public Works Director; Jim Pickner, City Attorney; Sharole Rens, Finance Officer.
Staff Absent: Mike DeBruin, Police Chief.
Item 1a. Approval of September 9, and September 20, 2002 Minutes. Moved by Woodley/Nohava to approve the Minutes of September 9 and September 20, with changes made on item 1 to read second by Councilman Nohava instead of Councilman Harvey on the September 20 minutes. Motion carried unanimously.
Item 1b. Approval of Claims for Payment. Moved by Nohava/Lubkeman to approve the Schedule of Claims for payment. Aye: Harvey, Lubkeman, Woodley, Nohava. Abstain: Cauwels. Nay: None. 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. Mayor Report. Mayor Porter reported that he would be participating in the Youth Forum scheduled for September 24th, along with the Ministerial Association, HCI and West Sioux.
Item 2b. Staff Reports/Discussion.
Item 3a. Third Reading of Ordinance 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 entitled "Animal Protection and Control and Chapter 7.08 entitled "Dangerous and Vicious Animals"; providing repealer and severability clauses and an effective date. Moved by Cauwels/Harvey to approve the third reading of Ordinance No. 606. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.
Item 3b. Third Reading of Ordinance 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 is something the City has been doing informally for several years and should now be formally adopted, and it will also allow staff to continually adopt tariff changes as they occur. Moved by Harvey/Woodley to approve the third reading of Ordinance 607. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.
Item 3c. Third Reading of Ordinance 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 every other charge is properly listed under one chapter and brought up to date. Moved by Nohava/Cauwels to approve the third reading of Ordinance 608. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.
Item 3d. Third Reading of Ordinance 609 - An Ordinance of the City of Hawarden Amending Cable Television Rates. This Ordinance will adopt rates for our new optional digital cable service and will bring everything up-to-date. Moved by Woodley/Harvey to approve the third reading of Ordinance 609. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.
Item 3e. Second Reading of Ordinance 610 - An ordinance of the City of Hawarden amending Title 9 Chapter 9.01 "General Traffic Regulations" by adding specific speed limits for certain streets. This implements all the speed zones that differ from those in State Law. Moved by Woodley/Lubkeman to approve the second reading of Ordinance 610. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.
Item 4. Approval of Change Order #1 for the Sewer Plant Clarifier Replacement Project for $750.00. This is a change order for the switching of different motors for the clarifiers. Moved by Woodley/Cauwels to approve Change Order #1 for the Sewer Plant Clarifier Project. Aye: Harvey, Cauwels, Lubkeman, Woodley. Nay: Nohava. Motion carried
Item 5. Request for Approval of the renewal of a Class BC License with Sunday Sales - A request by Krause Gentle Corporation, a privately held corporation, dba Kum and Go #767, located at 504 10th Street to renew their license. Moved by Harvey/Nohava to approve the renewal of a Class BC License with Sunday Sales. Motion carried unanimously.
Item 6. Resolution 2002-34 - A Resolution Setting a Policy of Street Closing Events. Moved by Lubkeman/Harvey to approve Resolution 2002-34, Setting a Policy of Street Closing Events. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.
Item 7a. Approval of Withdrawal of the City's PFSA Grant due to the City's inability to meet time frames within grant, and 7b. Approval of Notification to the Sioux County Revolving Loan Fund of likelihood any project will not be completed in the next six months. Moved by Cauwels/Nohava to approve the withdrawal of the City’s PFSA Grant and approve the notification to the Sioux County Revolving Loan Fund and also to Dakota Pork of the City’s intentions of its withdrawal. Motion carried unanimously.
Item 8. Closed Session of Telecommunication Issues under Iowa Code Section 388.9(1) (Proprietary) and to discuss potential litigation under Iowa Code Section 21.5 (1)j. At 7:30 p.m., moved by Woodley/Lubkeman to enter into Closed Session. Motion carried unanimously.
At 7:55 p.m., moved by Woodley/Nohava to adjourn Closed Session and resume Regular Session. Motion carried unanimously.
Item 9. Resolution 2002-38 - A Resolution Approving Representation and Participation in Iowa Utilities Board Dockets Nos. DRU-02-4 and FCU -02-14 (RMU-02-8), Relating to Intrastate Access Service Rates, by the Undersigned Governmental Entity. This resolution expresses our concern for any precedent AT&T’s action may set and also gives the City staff authority to allow Ahlers Law Firm to represent us in intervening in this docket. Moved by Cauwels/Harvey to approve Resolution No. 2002-38. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.
Item 10. Public Hearing and First Reading of Ordinance 611 - Rezoning Request 2002-02 (Owners/Applicants - Mr. Dan and Jane Waterman)- This public hearing was called and Ordinance 611 was presented to consider a request to rezone property from I-3 (Heavy Industrial) to R-1 (Single Family Residential). The property is bordered by Avenue L to the west (platted only), Avenue O to the east (platted only) the railroad R-O-W to the north and 3rd Street to the south. The property is commonly known as 1409 - 3rd Street. Legally, the property is described as the eastern portion of Outlet 3, of Cutler's Addition, lying west of Avenue L Street right-of-way. The Public Hearing was opened at 8:00 p.m. There were no oral or written comments. Mayor Porter declared the public hearing closed at 8:02 p.m. Moved by Woodley/Cauwels to approve the first reading of Ordinance No. 611 with amendments made to read “from I-3 (Heavy Industrial) to A-1 (Agricultural) and also to change “lying west of Avenue L Street right-of-way” to “lying east of Avenue L Street right-of-way”. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.
Item 11a. Closed Session under Iowa Code Section 21.5i, Discussion of a Personnel Matter. At 8:02 p.m., moved by Woodley/Nohava to enter into Closed Session for the purpose of discussing personnel. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.
At 8:23 p.m., moved by Cauwels/Woodley to adjourn Closed Session and resume Regular Session. Aye: Nohava, Harvey, Cauwels, Lubkeman, Woodley. Nay: None. Motion carried unanimously.
Item 11b. Amendment of Resolution 2002-24 by changing the effective rate of Kristi Waterman to $9.15hr effective 9/23/2002. Moved by Woodley/Cauwels to approve the amendment of Resolution 2002-24 by changing the effective rate of Kristi Waterman to $9.15 per hour, effective 9-23-02. Aye: Nohava, Cauwels, Lubkeman, Woodley. Nay: Harvey. Motion carried.
Item 12. Resolution of 2002-39 - A Resolution of the City of Hawarden Authorizing the Mayor and City Administrator to Acquire the Gas Station Property at 1811 Avenue E on Behalf of the City, Provided Certain Conditions Can Be Met and Then Authorizing the City Administrator to Proceed on the Demolition and Cleanup of the Property, All For a Cost Not to Exceed $3,000 for Demolition Costs and $500 in Miscellaneous Costs. Mr. Coffey discussed changes made to the original draft of Resolution 2002-39. Moved by Cauwels/Woodley to approve Resolution No. 2002-39 with the amended changes. Aye: Cauwels, Lubkeman, Woodley. Nay: Harvey, Nohava. Motion carried.
Item 13. Resolution 2002-40 - A Resolution Proposing to Dispose of Real Property, and Advertising the Sale, Taking of Bids and the Scheduling of a Public Hearing on the Property Proposed to be Sold. This resolution authorizes the advertising, acceptance of bids, and a public hearing for the sale of the property at 1811 Avenue E (Tire Building), legally known as lots 4,5, & 6, block 23, of the Calliope Addition. Council discussed and made some changes on this resolution, eliminating the first sentence of the third whereas. Moved by Cauwels/Woodley to approve Resolution No. 2002-40 with these changes. Aye: Harvey, Cauwels, Lubkeman, Woodley. Nay: Nohava. Motion carried.
Item 14. Review and Discussion of Draft Utility Service Rules. Mr. Coffey discussed sections of the draft Utility Service Rules with the Council. No action was taken. The Council stated that they would like this at a planning session.
Moved by Woodley/Lubkeman to adjourn. Motion carried unanimously. The Council Meeting adjourned at 9:12 p.m.
__________________________
Prc Porter, Mayor
ATTEST:
_______________________________
Craig Coffey, City Administrator
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