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The Council Meeting was called to order at 7:03 p.m.
Present: Mayor Porter; Council Members: Nohava, Woodley, Harvey, Cauwels, Lubkeman.
Absent: None
Staff Present: Craig Coffey, City Administrator; Chris Myres, Telecommunications Director; Jim Pickner, City Attorney; Sharole Rens, Finance Officer
Staff Absent: Tom Kane, Public Works Director; Mike DeBruin, Police Chief
- Televised
Item 1a. Approval of August 18 and 21, 2003 Minutes. Moved by Woodley/Lubkeman to approve the Minutes of August 18 and August 21, 2003. Motion carried unanimously.
Item 1b. Approval of Claims for Payment. Moved by Cauwels/Nohava 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 thanked everyone that worked on the events included in the Big Sioux River Days. He also thanked everyone who donated and worked on the Veteran’s Memorial Project and also thanked Craig Coffey for representing the City at the dedication. He also reminded everyone that this week is the anniversary of 911 and for them to remember those affected by this tragedy. Mayor Porter stated that anyone wishing to run for Council or Mayor can pick up their papers at the City Offices and return them by September 18th. He thanked all of the Council for attending the meetings and for giving so much of their time.
Item 2b. Staff Reports Discussion.
Item 3. Approving the Amendment of the FY 2003-04 Capital Equipment Expenditures to Purchase a Chassis for a Grass Quick Attack Rig for the Fire Department for an Amount not to exceed $10,000. Jon Strong and Curt Winterfeld were present to express the need for this equipment and its capability to handle grass fires by being able to go off the roads in rougher areas. Currently many of the rigs the department has are too heavy and are made for city streets, making them unable to effectively fight these fires. The Fire Department would buy the bed/rig with over six thousand of their fundraising dollars, if the Council will commit the money requested for the chassis. They will be looking for a used 1 ton, 4WD to mount the unit on. Mr. Coffey reported that equipment money reserves scheduled to be spent next year could be utilized. Moved by Woodley/Cauwels to approve the Fire Department expending up to $10,000 for the purchase of a chassis for a Quick Attack Rig. Motion carried unanimously.
Item 4. Approval of the Preliminary Plan for the New Fire Station. Jon Strong and Curt Winterfeld were present to answer questions regarding plans on the new Fire Station. The fire department has reviewed and approved the plan's layout. The Fire Department's current building is 40'x90' or 3,600 s.f. The new facility is currently planned at 50' by 150' (7,500s.f.) of which 6,650s.f. would be Fire Department and 850s.f. of Ambulance facility. The Department would like the building to be 10ft wider. According to the architect, this will add $45,000-$60,000 in cost above the planned $350,000 cost. The Department has discussed fundraisers, donated labor on some parts, and initially eliminating the brick to offset costs. Moved by Woodley/Nohava to approve the preliminary plan and to prepare construction plans to obtain bids for a 50’ wide building and also a 60’ wide building. Motion carried unanimously.
Item 5. Approving the Restoration of the Historic Fire Brockway and Disposition of the Truck to the Hawarden Fire Department. The Fire Department has requested Council approval on restoring the 1913 Brockway Fire Truck. Once restored the truck would be used for parades and displayed in the new fire station. The Fire Department would do fundraisers and use some funds in their current budget for this project. Moved by Woodley/Cauwels to allow and encourage the restoration of the Brockway Fire Truck in City ownership, as a historic Hawarden asset. Motion carried unanimously.
Item 6. 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 will make two changes to our zoning code. The first change will allow non-conforming residential structures to build a detached garage or shed. This will provide some relief to those houses that were built in residential zoning or no zoning and later became a non-conforming use by being zoned to industrial. As proposed, the zoning code change does not allow the garage to be attached in order to prevent the expansion of the principal non-conforming residential use.
The second change will require a review process for all new residential uses downtown. This will allow them to be approved or denied, and if approved certain conditions to 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. Most new residential uses are already required to undergo such a review. The change would require all new residential uses to undergo such a review.
The Planning Commission unanimously recommended approval of these Zoning Code Amendments. Moved by Harvey/Cauwels to approve the third reading of Ordinance 614. Aye: Nohava, Woodley, Harvey, Cauwels, Lubkeman. Nay: None. Motion carried unanimously.
Item 7. Third Reading Ordinance 615 (Previously listed as 613) - Increasing the Compensation for the Mayor and City Council. This would increase the rate of pay for Council members from $1000 to $1,500 annually and for the Mayor from $3,000 to $4,500 annually. Moved by Woodley/Harvey to approve Ordinance 615 on its third reading. Aye: Nohava, Woodley, Harvey, Cauwels, Lubkeman. Nay: None. Motion carried unanimously.
Item 8. Resolution 2003-59, Approving an Agreement Regarding the Construction, Operation, Maintenance, and Management of the Veteran's Memorial Located in Ames Park and Authorizing the Mayor and City Administrator to Sign the Agreement. Harlan Van Egdom and Roger Johnson, representing the American Legion and the Veteran’s Memorial Committee, were present to answer questions and to thank the City for their help in setting up the memorial. City Attorney, Jim Pickner, recommended a change in the resolution to set a one year term for the agreement with automatic renewal. Moved by Cauwels/Nohava to approve Resolution 2003-59, with the changes to the agreement recommended by the City Attorney. Aye: Nohava, Woodley, Cauwels, Lubkeman. Nay: Harvey. Motion carried 4 to 1.
Item 9. First Reading of Revised Ordinance 616 - An Ordinance Amending Title 9, Chapter 9.03 “Additional Stationary Traffic Regulations (Parking)” By Adding New Prohibited Parking Areas. Mike DeBruin, Police Chief, developed parking distances for certain areas in the City based on Council’s previous discussion. “No Parking Signs” will identify these locations. This has become a safety issue due to recent changes in occupancy and parking patterns in the area. Moved by Harvey/Nohava to approve the first reading of Revised Ordinance 616. Aye: Nohava, Woodley, Harvey, Cauwels, Lubkeman. Nay: None. Motion carried unanimously.
Item 10. Second Reading of Ordinance 617 - An Ordinance Amending End User Common Line Charge Rates. Telecommunications Director, Chris Myres explained this will raise the FCC end user common line charge shown on the customer’s bill for residential and single line business from $6.00 to $6.50 per line and for businesses with multiple lines from $7.50 to $9.00 per line. These increases are due to the FCC’s decision to force local phone companies to collect more of their revenue from customers instead of long distance companies, who traditionally have accounted for the majority of this revenue. This will bring us up to or slightly below what other area phone companies have been charging the past year. Moved by Woodley/Cauwels to approve the second reading of Ordinance 617, Amending End User Common Line Charge Rates. Aye: Nohava, Woodley, Cauwels, Lubkeman. Nay: Harvey. Motion carried 4 -1.
Item 11. Approving a bid to purchase a vacuum/excavator machine as listed FY 2003-04 Capital Equipment Budget. This item was budgeted for $35,000. The bids for the machine came in as follows: Vermeer, $33,207; Ring-0-Matic, $32,561; and Ditch Witch, $38,500. Moved by Nohava/Woodley to approve the bid from Ring-o-Matic. Motion carried unanimously.
Item 12. First Reading of Ordinance 618 - An Ordinance Amending Title 9, Chapter 9.04, by Deleting Section 9.04.05 in its Entirety And Replacing it With A New Section 9.04.05, With The Same Title, "Snowmobile And All Terrain Vehicle Regulations". Items of concern were discussed, including City land, parks and open areas involved. Moved by Nohava/Cauwels to approve the first reading of Ordinance 618, with language changes in Item 8 presented by the City Attorney, adding the words “owned and operated” after “City” in the first sentence, and adding the words “except any City owned property leased to a private party when the private party has granted express permission to the operator”, after the word “routes”. Aye: Nohava, Woodley, Harvey, Cauwels, Lubkeman. Nay: None. Motion carried unanimously.
Item 13. First Reading of Ordinance 619 - An Ordinance Amending Title 12, Chapter VI Rates, Section 6.6 "Electric Utility Rates" by Adding a New Section 6.6.7 Entitled "Renewable Energy Rates". This ordinance will adopt the rate for implementation of the Renewable Energy Program. Moved by Cauwels/Woodley to approve Ordinance 619 on its first reading. Aye: Nohava, Woodley, Harvey, Cauwels, Lubkeman. Nay: None. Motion carried unanimously.
Item 14. a. Request for a New of Class C Liquor License with Sunday Sales – A request by the El Sol de Jalisco, LLC, Owners Ricardo Topete and Miguel Curiel, and located at 607- 9th Street for a new license at a previous liquor license location (Bistro Annex).
b. Request for a New of Class C Liquor License with Sunday Sales – A request by R & K, LLC, dba Hawarden Steakhouse, Owners Karla and Reid Boetel, and located at 711 Central Avenue for a new license at a previous liquor license location (Hawarden Steakhouse).
Moved by Woodley/Cauwels to approve both requests for new Class “C” liquor licenses. Motion carried unanimously.
Item 15. Approval of the Preliminary City Hall/Community Center Plan. A new preliminary layout plan was presented to the Council with the previous changes requested. Changes discussed were: adding a door to the council area and making the Mayor’s area and storage area one longer Mayor’s Office/Executive Session Room. Council discussed the fact that further revisions might be needed to the council chambers area. Moved by Lubkeman/Nohava to approve the plan with changes discussed. Motion carried unanimously.
Harvey Wiltsey, Union Negotiator, was present at this time; therefore Item 17 was put ahead of Item 16 on the Agenda.
Item 17. a. Closed Session Discussion of Employee Union Labor Agreement Under Iowa Code, Ch. 20. At 8:45 p.m., moved by Nohava/Woodley to enter into Closed Session for the purpose of discussing the Union Labor Agreement under Iowa Code, Chapter 20. Aye: Nohava, Woodley, Harvey, Cauwels, Lubkeman. Nay: None. Motion carried unanimously. At 9:00 p.m., moved by Woodley/Nohava to adjourn Closed Session and resume Regular Session. Aye: Nohava, Woodley, Harvey, Cauwels, Lubkeman. Nay: None. Motion carried unanimously.
b. Resolution 2003-60 - Approving a 4 Yr. Union Contract and Authorizing the Mayor and City Administrator to Sign the Agreement. Moved by Woodley/Cauwels to approve Resolution 2003-60. Aye: Nohava, Woodley, Harvey, Cauwels, Lubkeman. Nay: None. Motion carried unanimously.
Item 16. a. Closed Session for discussion of potential litigation under Iowa Code Section 21.5(1)(c). At 9:01 p.m., moved by Nohava/Cauwels to enter into Closed Session. Aye: Nohava, Woodley, Harvey, Cauwels, Lubkeman. Nay: None. Motion carried unanimously. At 9:12 p.m., moved by Harvey/Nohava to adjourn Closed Session and resume Regular Session. Aye: Nohava, Woodley, Harvey, Cauwels, Lubkeman. Nay: None. Motion carried unanimously.
b. 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 Harvey/Cauwels to approve Resolution 2003-58. Aye: Nohava, Woodley, Harvey, Cauwels, Lubkeman. Nay: None. Motion carried unanimously.
Moved by Harvey/Nohava to adjourn. Motion carried unanimously. The Council Meeting adjourned at 9:15 p.m.
____________________________
Ricard Porter, Mayor
ATTEST:
________________________
Craig Coffey, City Administrator
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