MINUTES - CITY COUNCIL MEETING
Hawarden Public Library
Monday, March 3, 2003 at 7:00 PM

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

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

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

Absent: None.

Standard Agenda Items

Televised

Item 1a. Approval of February 17, 2003 Minutes. Moved by Harvey/Woodley to approve the Minutes of February 17, 2003. Motion carried unanimously.

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

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 expressed his appreciation and thanked all the volunteers of civic organizations, schools and churches that give of their time in our community.

Item 2b. Staff Reports/Discussion.

Other Agenda Items

Item 3. Public Hearing and Resolution 2003-13, Approving the City’s FY 2003-04 Budget. Mayor Porter opened the Public Hearing at 7:12 p.m. There were no oral or written comments. At 7:14 p.m., Mayor Porter declared the hearing closed. Moved by Lubkeman/Nohava to approve Resolution 2003-13, Approving the City’s FY 2003-04 Budget. Aye: Cauwels, Nohava, Woodley, Lubkeman. Nay: Harvey. Motion carried 4-1.

Item 4. Public Hearing and Resolution 2003-06, Authorizing the Vacation and Disposition of Real Estate. Mayor Porter opened the Public Hearing at 7:15 p.m. There were no oral or written comments. The Mayor then declared the Hearing closed. Moved by Cauwels/Nohava to approve the bid from Ken Koch for $500 and approve Resolution 2003-06, Authorizing the Vacation and Disposition of Real Estate. Aye: Harvey, Cauwels, Nohava, Woodley, Lubkeman. Nay: None. Motion carried unanimously.

Item 5. Resolution 2003-07, a Resolution Adopting the City of Hawarden’s Official Position Against SSB 1037/HSB 46 (“The Mediacom Bill”). Chris Myres, Telecommunications Director explained how this would establish an official position on this piece of legislature and protect us in regard to certain lobby laws. Moved by Harvey/Woodley to approve Resolution 2003-07. Aye: Harvey, Cauwels, Nohava, Woodley, Lubkeman. Nay: None. Motion carried unanimously.

Item 6. Resolution 2003-08, a Resolution Allowing Credit Cards as an Acceptable Method of Payment for Services Offered by the City of Hawarden. This Resolution formally adopts the use of credit cards for all City services. All prices currently charged for all services will be considered the discounted cash price. Customers will be informed that if they use a credit card, they will not get this discount. Discussion was held. Moved by Woodley/Lubkeman to approve Resolution 2003-08, Allowing Credit Cards as an Acceptable Method of Payment for Services Offered by the City of Hawarden, and to accept only the swiped transactions. Aye: Harvey, Cauwels, Nohava, Woodley, Lubkeman. Nay: None. Motion carried unanimously.

Item 7. Resolution 2003-09, a Resolution of the City of Hawarden approving the Reconstruction of the City’s Railroad Spur Crossing on Avenue E (Hwy 12) and adopting an agreement between the Iowa Department of Transportation and the City of Hawarden for Repair of the Railroad/Highway Grade Crossing; and Authorizing the Mayor or City Administrator to Sign Said Agreement and Related Documents to Complete the Construction. This resolution will allow us to proceed with the planning of this project for the July-August time frame. Staff advised the City Attorney to develop an agreement with Agrilliance on this issue and the financial details are in place to move forward on this project. They also discussed the detours this would involve. Moved by Nohava/Cauwels to approve Resolution 2003-09. Aye: Harvey, Cauwels, Nohava, Woodley, Lubkeman. Nay: None. Motion carried unanimously.

Item 8. Resolution 2003-10, a Resolution Proposing to Vacate and Dispose of Real Property, and Advertising the Vacation, Sale, Taking of Bids and the Scheduling of Public Hearings on the Property Proposed to be Vacated and Sold. This resolution will sell all alley and street rights-of-way from the west edge of the Avenue C right-of-way to the Big Sioux River between the 23rd Street and 26th Street (vacated rights-of-way), excluding the south 60 ft. (80 ft. total) of 25th Street right-of-way (formerly known as Stone Street from the western edge of the Avenue C (formerly Front Street) right-of-way to the NE Corner of Lot 12, Block 11 all of Johnson’s Addition to Calliope, now a part of the Incorporated City of Hawarden and excluding the entire 25th Street right-of-way (formerly known as Stone Street) between Lot 7, Block 6 and Lot 12, Block 11, all of Johnson’s Addition to Calliope, now a part of the Incorporated City of Hawarden, Sioux County. Also proposing to vacate the north 20 ft. (80 ft. total) of the 25th Street (formerly Stone Street) right-of-way from the western edge of the Avenue D right-of-way to the western edge of the Avenue C (formerly known as Front Street) all of Johnson’s Addition to Calliope, now a part of the Incorporated City of Hawarden, Sioux County.
This will vacate all the misc. rights-of-way left in the Johnson Addition subdivision. Mr. Coffey explained the map of the area and what is being vacated. Keeping part of the right-of-way for 25th Street of the subdivision is being proposed. Moved by Woodley/Lubkeman to approve Resolution 2003-10. Aye: Harvey, Cauwels, Nohava, Woodley, Lubkeman. Nay: None. Motion carried unanimously.

Item 9. Resolution 2003-11, a Resolution Purchasing Right-of-Way. This Resolution will purchase a 60 ft. north-south right-of-way for $1,500 described as the east _ of Lots 7, 8, 9, 10, 11, and the east half of the south _ of Lot 12, Block 6, of Johnson’s Addition to Calliope, now a part of the Incorporated City of Hawarden. Moved by Woodley/Nohava to approve Resolution 2003-11, a Resolution Purchasing Right-of-Way. Aye: Harvey, Cauwels, Nohava, Woodley, Lubkeman. Nay: None. Motion carried unanimously.

Item 10. Resolution 2003-12, a Resolution Approving a Short-Term Lease of City Property. This resolution will allow the short-term lease of City property (LSS Gymnasium) to Mr. Bob Bonderson for the temporary relocation of his auto parts business recently destroyed by fire. Mr. Coffey distributed a copy of the proposed lease to the Council for their review. Moved by Nohava/Cauwels to approve Resolution 2003-12, Approving the City Administrator and the City Attorney to negotiate a Short-Term Lease of City Property per the terms in the Resolution. Aye: Harvey, Cauwels, Nohava, Woodley, Lubkeman. Nay: None. Motion carried unanimously.

Item 11. Discussion/Approval of Economic Assistance Proposals for Businesses Destroyed in Fire. Mr. Coffey presented some ideas on a proposal for economic assistance. Council asked that this item be postponed until there is further information on the costs to rebuild these businesses.

Item 12. Approval of the Terms of Contract to Present Virginia Township for Fire Protection. Mr. Coffey presented a contract for fire protection for Virginia Township. The four year contract proposes that they pay us $4,500 a year with a $500 increase every 4 years, with a 6-month termination notice. Moved by Nohava/Woodley to approve the contract terms and present them to Virginia Township and/or Union County for the provision of fire protection to the township.

Moved by Nohava/Woodley to adjourn. Motion carried unanimously. The Council meeting adjourned at 8:07 p.m.

__________________________
Ricard Porter, Mayor

ATTEST:

_______________________________
Craig Coffey, City Administrator