 |
 |
 |
|
|
|
The Council Meeting was called to order at 7:03 p.m.
Present: Mayor Ric Porter; Council Members: Cauwels, Lubkeman, Nohava, Woodley, Harvey
Absent: None
Staff Present: Tom Kane, Public Works Director; Jim Pickner, City Attorney; Sharole Rens, Finance Officer.
Staff Absent: Mike DeBruin, Police Chief, Chris Myres, Telecommunication Director.
Item 1a. Approval of July 21, 2003 and July 31, 2003 Minutes. Moved by Cauwels/Nohava to approve the Minutes of July 21 and July 31, 2003. Motion carried unanimously.
Item 1b. Approval of Claims for Payment. Moved by Woodley/Cauwels 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). There was no open business from the community.
Item 2a. Mayor's Report. Mayor Porter reported that the Pool Committee met with citizens last week to review the swimming pool rules. He stated that some of the rules have now been changed and others would be reassessed after the summer season. He also thanked the volunteers on the Pool Committee and citizens for their time spent on the pool issues. Mayor Porter proclaimed the month of August “Iowa Downtown Month” and discussed HAPP’s special events that are planned for the month.
Item 2b. Staff Reports/Discussion.
Item 3. Second Reading of Ordinance 612 - An Ordinance of the City of Hawarden Amending Title 9, Section 9.04.05, “Snowmobile and All Terrain Vehicle Regulations” by Replacing Paragraph “5” of That Section. This change will bring our ordinance in compliance with State Law. Some discussion was held about streets crossing at a 90º angle. Moved by Nohava/Harvey to approve the second reading of Ordinance 612. Aye: Cauwels, Lubkeman, Nohava, Woodley, Harvey. Nay: None. Motion carried unanimously.
Item 4. Resolution 2003-44, a Resolution Authorizing the City Release of All Interest in the Demolition Cost Reserve Held for Lots 11 & 12, Block 6, of the Original Plat of Hawarden. The only repairs needed on this project is the replacement of the front glass and boarding up of side doors. Everything else has been completed to satisfaction. Moved by Cauwels/Woodley to approve Resolution 2003-44. Aye: Cauwels, Lubkeman, Nohava, Woodley. Nay: Harvey. Motion carried 4-1.
Item 5. First Reading of Ordinance 615, Increasing the Compensation for the Mayor and City Council. This Ordinance would increase the rate of pay for Council Members from $1,000 to $1,500 annually and for the Mayor from $3,000 to $4,500 annually. Moved by Harvey/Cauwels to approve the first reading of Ordinance 613. Aye: Cauwels, Lubkeman, Nohava, Woodley, Harvey. Nay: None. Motion carried unanimously.
Item 6. First Reading of Ordinance 614, Amending the Zoning Ordinance Text to Allow Nonconforming Residential Uses to Have up to Two Detached Accessory Structures Less Than 900 s.f. and to Make All Residential Uses a Special Exception Use in the B-2 Zoning District. This will allow non-conforming residential uses to build a detached garage or shed and require a review process for residential uses downtown. The Planning Commission unanimously recommended approval of these Zoning Code Amendments. Moved by Cauwels/Lubkeman to approve the first reading of Ordinance 614. Aye: Cauwels, Lubkeman, Nohava, Woodley, Harvey. Nay: None. Motion carried unanimously.
Item 7. Resolution 2003-45, a Resolution Amending Section 11.5 of the Employee Personnel Handbook to Allow the Payment of the Difference in the Employee’s Regular Pay and Any Worker’s Compensation for a Period of up to Six Months. This Resolution has been proposed to address the disparity in pay that occurs between workman’s compensation benefits and a worker’s regular City pay. Moved by Cauwels/Harvey to approve Resolution 2003-45 as amended to a 1 month benefit period rather than a 6 month benefit period. Aye: Cauwels, Lubkeman, Harvey. Nay: Nohava, Woodley. Motion carried 3-2.
Item 8. Resolution 2003-46, a Resolution Authorizing the Mayor and City Administrator to Sign a 3-Year Lease of City Property for the Purpose of Agricultural Crop Planting 60 Acres - aka the Taggart Property. This Resolution will allow the re-leasing of the property in a short-term (3) lease for non-chemical farming to Mr. Boyer. Moved by Woodley/Cauwels to approve Resolution 2003-46. Aye: Cauwels, Lubkeman, Nohava, Woodley, Harvey. Nay: None. Motion carried unanimously.
Item 9. Resolution 2003-47, a Resolution Proposing to Dispose of Real Property for a Period of 10 Years Through a Lease and Publishing Notice of a Public Hearing on the 10-Year Property Lease Proposal. (60 acres - aka the Taggart Property). This will allow the re-leasing of the property in a long-term (10 year) lease for non-chemical farming to Mr. Boyer. Moved by Cauwels/Woodley to approve Resolution 2003-47. Aye: Cauwels, Lubkeman, Nohava, Woodley, Harvey. Nay: None. Motion carried unanimously.
Item 10. Resolution 2003-48, a Resolution Proposing to Dispose of Real Property and Publishing Notice of a Public Hearing on the Property Sale (exchange) Proposal (Agriliance Property Previous Lambertson’s Elevator and Public Works). Agriliance is purchasing some bins and would like to make a small addition to their shed in anticipation of an increase in business. Ownership of this property is in question in two recent surveys. This property has no value to the City but the long strip of ground is important to both the City and the business to retain access. The proposal would split the disputed property with the exchange of quit claim deeds. Moved by Nohava/Harvey to approve Resolution 2003-48. Aye: Cauwels, Lubkeman, Nohava, Woodley, Harvey. Nay: None. Motion carried unanimously.
Item 11. Resolution 2003-49, A Resolution Approving: The Purchase of Dorothy Ruby’s Interest in Lot 13, Block 6, Original Hawarden Addition and Assumption of Her Contract for Deed Covering Said Property; the Forfeiture of the Contract and/or Acceptance of Quit Claim Deeds to Acquire Property; the Expenditure of TIF Area A Funds to Clean Up Demolition Debris; and the Expenditure of TIF Area A Funds to Repair the Common North Wall of the Acquired Property. A corrected resolution was submitted to the Council Monday with the City Attorney’s changes. This Resolution will allow the City to purchase Ms. Ruby’s interest in the property, take forfeiture action on the property from the Leon’s, and publicly abate the clean up of the property and stabilization of the north wall. Moved by Cauwels/Woodley to approve Resolution 2003-49 with the following changes:
Aye: Cauwels, Lubkeman, Nohava, Woodley. Nay: Harvey. Motion carried 4-1.
Item 12: a. Closed Session for Discussion of Potential Litigation Under Iowa Code Section 21.5 (1)(c). At 8:40 p.m., moved by Nohava/Cauwels to enter into Closed Session for the purpose of discussing potential litigation under Iowa Code Section 21.5(1)(c). Aye: Cauwels, Lubkeman, Nohava, Woodley, Harvey. Nay: None. Motion carried unanimously. At 8:50 p.m., moved by Harvey/Cauwels to adjourn Closed Session and resume Regular Session. Aye: Cauwels, Lubkeman, Nohava, Woodley, Harvey. Nay: None. Motion carried unanimously.
Item 12: b. Resolution 2003-50, A Resolution Authorizing Settlement of a Dispute With Ray Bockelman. A corrected Resolution was submitted to the City Council Monday with changes from the City Attorney. This resolution provides a permanent settlement to an old transmission line dispute. Moved by Cauwels/Nohava to approve Resolution 2003-50. Aye: Cauwels, Lubkeman, Nohava, Woodley, Harvey. Nay: None. Motion carried unanimously.
Item 13. Approve the Moving of the September 1st and 15th Council Meetings to September 8th and 22nd. This would avoid the conflicts of vacations and festivities around Labor Day weekend. Moved by Cauwels/Lubkeman to approve changing the dates of the September Council meetings. Motion carried unanimously.
Moved by Nohava/Woodley to adjourn. Motion carried unanimously. The Council Meeting adjourned at 9:52 p.m.
____________________________
Ricard Porter, Mayor
ATTEST:
________________________
Craig Coffey, City Administrator
|
|
|