MINUTES CITY COUNCIL MEETING
Hawarden Public Library
Monday, August 18, 2003 at 7:00 PM

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

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

Absent: Mayor Ric Porter

Staff Present: Craig Coffey, City Administrator; Chris Myres, Telecommunications Director; Jim Pickner, City Attorney; Mike DeBruin, Police Chief;

Staff Excused: Tom Kane, Public Works Director; Sharole Rens, Finance Officer

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

Standard Agenda Items

Item 1a. Approval of August 4, 2003 Minutes. Moved by Woodley/Nohava to approve the Minutes of August 4, 2003. Motion carried unanimously.

Item 1b. Approval of Claims for Payment. Moved by Lubkeman/Woodley 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 Pro Tem, Cauwels reminded everyone that upcoming elections are approaching with 2 open positions on Council, 1 position for Mayor, 3 Hospital Trustee positions and 1 Park Board position. He encouraged anyone interested in these positions, to take out the proper papers at the City Clerk’s Office.

Item 2b. Staff Reports/Discussion.

Other Agenda Items

Item 3. Public Hearing on Ordinance 614.

1. The Public Hearing opened at 7:07 p.m. There were no oral or written comments received. Mayor Pro-Tem, Cauwels declared the Hearing closed at 7:08 p.m.
2. Second and Third 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 ordinance will make two changes to our present zoning code.

• The first change will allow non-conforming residential structures to build a detached garage or shed.
• The second change will require a review process for residential uses downtown. This will allow them to be approved or denied, and if approved, certain conditions could be placed on them. As a special exception use this will allow such factors as: location, quality, life safety issues, appearance and size etc. to be considered.

The Planning Commission unanimously recommended approval of these Zoning Code Amendments. Moved by Harvey/Woodley to approve the second reading of Ordinance 614. Aye: Lubkeman, Nohava, Woodley, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 4. a. Public Hearing on the Leased Disposition of Property as Proposed in Resolution 2003-47.

1. The Public Hearing was opened at 7:11 p.m. There were no oral or written comments received. Mayor Pro-Tem, Cauwels declared the Hearing closed at 7:12 p.m.
2. Resolution 2003-51 - Authorizing the Leased Disposition of Public Property for a Period of 10 Years (60 acres - aka the Taggart Property). This resolution will allow the re-leasing of the property in a long-term (10 year) lease for non-chemical farming to Mr. Boyer. Moved by Woodley/Nohava to approve Resolution 2003-51, Authorizing the Disposition of Public Property for a Period of 10 Years. Aye: Lubkeman, Nohava, Woodley, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 5. Public Hearing on the Final Disposition of Property as Proposed in Resolution 2003-48.

1. The Public Hearing was opened at 7:13 p.m. There were no oral or written comments received. Mayor Pro-Tem, Cauwels declared the Hearing closed at 7:14 p.m.
2. Resolution 2003-52, Authorizing the Final Disposition of Public Property (Agriliance). This project was initiated as a result of the closing of Hawarden Agri-Center. Agriliance is purchasing some of the bins from Agri-Center and would like to make an addition to a shed, however ownership of the property is in question. The property in question has no value to the City and is used daily by business traffic, but the long strip of ground is important to both the City and the business for access. As proposed, the City would exchange quit claim deeds, with each party to pay $500 which would properly describe the property and complete the transactions. Moved by Harvey/Nohava to approve Resolution 2003-52. Aye: Lubkeman, Nohava, Woodley, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 6. Third 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. Contrary to what was first written, Ordinance 612 is in compliance with State Law and Council can designate what streets will allow these vehicles and implement certain rules with further review of state law by the City Attorney and Police Chief. Moved by Harvey/Nohava to approve the third reading of Ordinance 612. Aye: None. Nay: Lubkeman, Nohava, Woodley, Harvey, Cauwels. Motion failed. Ordinance 612 was defeated.

Item 7. Second Reading of Ordinance 615 (Previously listed as 613) - Increasing the Compensation for the Mayor and City Council. This ordinance will increase the rate of pay for Council members from $1000 to $1500 annually and for the Mayor from $3000 to $4500 annually. The Ordinance was renumbered due to a numbering conflict and was reworded to take affect January 1, 2004. Moved by Harvey/Cauwels to approve the second reading of Ordinance 615, Increasing the Compensation for the Mayor and City Council. Aye: Lubkeman, Nohava, Woodley, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 8. First Reading of Ordinance 616 - an Ordinance Amending 9.03 “Additional Stationary Traffic Regulations (Parking)” by Adding New Text Prohibiting Parking on the East Side of Avenue L Between 10th and 11th Streets. This has recently become a safety issue because of increased parking in this residential block. Moved by Harvey/Nohava to table this item until the September 8th Council Meeting and additional requirements can be made. Aye: Lubkeman, Nohava, Woodley, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 9. First Reading of Ordinance 617, an Ordinance Amending End User Common Line Charge Rates. Last August, the Council approved an increase in the Subscriber Line Charge (SLC). On July 1, the cap on the SLC was raised again to help offset even more cuts by the FCC to our carrier access rates (CABS). CABS currently account for approximately 30% of our telephone revenue. By increasing the SLC in smaller increments, the City can recoup their network infrastructure costs. Moved by Woodley/Lubkeman to approve the First Reading of Ordinance 617, Amending End User Common Line Charge Rates. Aye: Lubkeman, Nohava, Woodley, Cauwels. Nay: Harvey. Motion carried 4-1.

Item 10. Request for Renewal of Class LC Liquor License with Sunday Sales. Moved by Woodley/Nohava to approve a request by Adam Waterman and Duane Terpstra, dba The Other Bar, located at 911 Central Avenue to renew their liquor license for liquor sales with Sunday sales for on site consumption. Motion carried unanimously.

Item 11. Resolution 2003-53, a Resolution Setting the Salaries for Appointed Officers and Employees of the City of Hawarden for the Year Beginning July 1, 2003 and Ending June 30, 2004. This resolution approves the annual salaries of City employees and provides for a 3.5 percent increase for all employees. Moved by Woodley/Nohava to approve Resolution 2003-53. Aye: Lubkeman, Nohava, Woodley, Cauwels. Nay: Harvey. Motion carried 4-1.

Item 12. Resolution 2003-54, a Resolution Officially Changing the Regularly Scheduled City Council Meeting Date to the 2nd and 4th Wednesday of Each Month Beginning in October 2003. Moved by Harvey/Nohava to approve Resolution 2003-54, officially changing the regularly scheduled City Council meeting dates. Aye: Lubkeman, Nohava, Cauwels, Harvey. Nay: Woodley. Motion carried 4-1.

Item 13. Resolution 2003-55, Authorizing the Mayor and City Administrator to Enter Into a Contract for Architectural Services With Mr. Dale McKinney of In Vision Architecture, for Phase II of the City Hall/Community Center Project for a Lump Sum of $90,000 Plus Additional Customary Expenses. This approval will hire In Vision Architecture for the construction design, bidding and limited inspections. Discussion about the terms of the contract ensued. The Council wanted to approve the basic compensation, but wanted the City Attorney and staff to further negotiate some of the terms of the contract. The resolution was amended to add a new section as follows:

Section 2: The City Attorney and staff are authorized to further negotiate the terms of the contract to the benefit of the City.

Moved by Cauwels/Nohava to approve Resolution 2003-55, as amended by Council to negotiate a contract with the architect in substantial compliance with the contract submitted by the architect at a basic compensation not to exceed $90,000, plus reimbursables. Aye: Lubkeman, Nohava, Woodley, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 14. Resolution 2003-56, Approving the City of Hawarden’s Amended Electric Utility Inspection Plan and Filing it With the Iowa Utilities Board. This was a mandated change to move up the inspection of all electric lines in the City’s territory from once every 6 years to once every 5 years. Changes are required to be filed with the IUB. Moved by Harvey/Nohava to approve Resolution 2003-56. Aye: Lubkeman, Nohava, Woodley, Harvey, Cauwels. Nay: None.

Item 15. Discussion/Approval of Details of the City/Hall/Community Center preliminary plan.

1. Mr. Coffey presented a list of proposed changes on the preliminary plans of the City Hall/Community Center. The proposed changes were discussed and given to the architect for plan revisions.
2. Approval of a Special Meeting for Thursday, August 21st at Noon at the Future City Hall/Community Center. The Council agreed to meet on August 21st for the Special Meeting on the City Hall/Community Center.

Item 16. Resolution 2003-57, Approving the First Amendment to the Agreement and Contract for Fire Protection and Emergency Response Service With Union County. This Resolution will add one section, with one sentence, that was requested by the Department of Justice. The section clarifies that the equipment we buy is not shared with Union County and is owned solely by the City of Hawarden. Moved by Nohava/Woodley to approve Resolution 2003-57. Aye: Lubkeman, Nohava, Woodley, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Item 17. Closed Session for Discussion of Potential Litigation Under Iowa Code Section 21.5(1)(c).

1. At 8:57 p.m., moved by Nohava/Woodley to enter into Closed Session for discussion of potential litigation under Iowa Code Section 21.5(1)(c). Aye: Lubkeman, Nohava, Woodley, Harvey, Cauwels. Nay: None. Motion carried unanimously. At 9:33 p.m., moved by Harvey/Nohava to adjourn Closed Session and resume Regular Session. Aye: Lubkeman, Nohava, Woodley, Harvey, Cauwels. Nay: None. Motion carried unanimously.
2. Resolution 2003-58, Authorizing the City Attorney to Pursue Legal Action to Recover Funds Expected to be Expended to Demolish, Clean-Up, and Make Repairs on Lot 13, Block 6, of the Original Plat of Hawarden. Moved by Nohava/Woodley to postpone Resolution 2003-58 until the September 8, 2003 meeting. Aye: Lubkeman, Nohava, Woodley, Harvey, Cauwels. Nay: None. Motion carried unanimously.

Moved by Nohava/Woodley to adjourn. Motion carried unanimously. The Council Meeting adjourned at 9:35 p.m.

____________________________
Mike Cauwels, Mayor Pro-Tem

ATTEST:

________________________
Craig Coffey, City Administrator