Regular City Council Meeting
City Hall, Cherokee, Iowa
November 27, 2007 – 7:00 P.M.
A regular meeting was called to order on this date by
Mayor Henrich. Present:
Councilman Varce,
Mallory, Stieneke, Leach, Peck, City Attorney Miller, Clerk-Treasurer Taylor.
Dave Elliott, 936 W. Cherry, was
present concerning stakes he had installed along the alley
adjacent to his property. He lives
on a corner with another half lot to the north.
He has removed
bushes and trees and installed a fence since purchasing the property.
He then noticed that service
trucks were leaving ruts in the grassy alley.
An existing curb was uncovered, which he also replaced.
He then installed stakes to keep traffic from driving over the curb and
on the grass. Apparently on
a request from Councilman Mallory, the police department notified him that the
18” steel stakes had
to be removed. In talking with
Councilman Mallory, he felt the stakes were a danger and should be
removed. Dave then covered the stakes with plastic sleeves and they
are apparently still a problem.
Dave talked to Jim Agnitsch, Street Supt., who said he didn’t have a
problem with the stakes. He
then had a visit from Kent Wenck, Code Enforcement Officer, who told him he
needed to remove the
stakes. Dave feels he is being
punished for keeping up his property. He
has had no complaints from
his neighbors or anyone else. The council thanked Dave for his comments, but could take no
action,
as this item wasn’t listed on the agenda.
The council received the
following bids on the vacant lot at 312 W. Locust: Barb Cresap-$100; Lewis
and Jeneen Leeds-$201.01.
M/S/P Stieneke, Varce, the
council adopted Resolution No. 07-25, selling the vacant lot at 312 W.
Locust to Lewis and Jeneen Leeds for $201.01.
M/S/P Varce, Stieneke, approved the following under the “Consent Business”.
City council minutes of November 13th.
Renewal of class “C” liquor license – Monterrey Mexican Restaurant.
Reviewed Board of Adjustment minutes of November 14th.
Reviewed Library Board minutes of October 3rd.
John Cook reported that the
punch list for the Bacon Aquatic Center/Gillette Park project is nearing
completion. Neal Kuehl is hoping to
have the final summary ready for the December 11th council
meeting to close out the project. Retaining
wall work is complete and Park Dept. personnel will be
reshaping some of the areas for better drainage.
The Christmas lights on the white pine tree were
turned on Thanksgiving evening. The
lights are on a timer and will be on from 5 p.m. to 10:15 p.m.
He has received many good comments.
At 7:15 p.m., Mayor Henrich
opened the public hearing on the sale of the vacant lots at 110-112 S.
4th Street. Chuck
Wulfson, 311 Coyote, was present representing Central Bank.
Chuck said he
appreciated John Cook’s comments regarding the Bacon Aquatic Center/Gillette
Park project as the
bank made a $100,000 donation to that project.
Chuck reviewed the history of the property on S.
4th Street. In Sept. 2001, the bank purchased the building and lots for
$30,000 with the intent to
donate it to the city to be used as a parking lot.
At that time, the city was planning the downtown
improvement project, which would result in the need for more parking during
construction. The bank
is now concerned with the sale of these lots. His last remarks to the council in June, 2006, indicated
that if the city wanted to enhance the property with landscaping or paving, the
bank would be willing
to help financially. Chuck
doesn’t feel the bank should have to bid on these lots twice in 6 years.
The lots should remain as parking and Chuck commented that there are 6-7 cars
parked there on a
regular basis. Central Bank has an
excellent record on economic development in the county and they
don’t want to be seen as an adversary to economic development or to the
council. Economic growth
only helps the bank. Chuck stated again that the bank is willing to discuss a
financial effort to pave
or landscape the lots. Councilman Varce said he has always been opposed to selling
the lots and
partially blames himself to follow up on the bank’s offer to help with
landscaping. He admits that
it may be difficult to remove snow from the lot, but feels there will be a need
for this parking in the
future with downtown property becoming a premium and more people living above
the businesses.
Councilman Leach asked why the bank is so adamant not to sell the lots.
Nothing has been done
in the past 5 years to improve these lots.
If a businessman is interested in the property, why not
get it back on the tax rolls. Chuck
indicated that the building to the south of this existing business
has been for sale for some time and could probably be purchased quite reasonably
if the business
is interested in expanding. Parking
is an issue for the bank because if there is no parking in the lot
or on the street, Lewis Hotel and bar patrons use the bank’s parking lot.
He has nothing against
the bar patrons, but the bank has had to clean up cigarette butts, broken
bottles and occasionally
vomit. Councilman Peck feels the
city has put too much into this property for a small parking lot –
over $30,000 for demolition and a common wall issue.
Chuck again mentioned private donations
to the city, comparing it to the aquatic center project.
How would it look 5 years from now if the
city decided to sell the pool? This
sends a bad message to businesses that may want to help.
Maybe the bank and city should come together and improve the lot.
Ben Jobe, owner of Jobies
Pastime Lounge, 114 S. 4th, said that this has been controversial
from the start. If the council did
some digging, they would find a different story behind it, however, he
wouldn’t comment on that.
He said if he purchased the lot he would possibly expand his building or
provide an outdoor space,
but that there would still be room to park several cars off the alley.
He said that the footings from
the building were not removed as they should have been and he has had problems
with the common
wall since the demolition. He
suggested that he be given time to talk with Chuck and possibly
work something out. As there were
no further oral comments and no written comments, M/S/P Stieneke,
Leach, closed the public hearing at 7:34 p.m.
A motion by Councilman Stieneke,
seconded by Peck, put the bids for 110-112 S. 4th Street on
hold until the December 11th meeting to allow the parties time to
discuss the issue. Roll call was:
AYES: Stieneke, Peck, Varce, Mallory
NAYS: Leach
Mark Buschkamp, CAEDC, was
present to request continued support from the city. Mark explained
that he and his staff work for both the CAEDC board and Cherokee Industrial
Corporation board.
In attracting prospective businesses, he indicated that the biggest challenges
are the lack of a
4-lane highway, lack of available buildings zoned industrial or commercial, lack
of existing
infrastructure and available land close to the city limits and zoned industrial
or commercial, and
lack of a qualified workforce. Some
of the projects they have been involved in this past year
included recruiting Harvest International, promoting the area throughout the
U.S. in Chicago, IL
and Tulare, CA, securing incentives for Little Sioux Corn Processors and Soy
Energy, assisting
The Gardens assisted living, grant and low interest loans for the county
landfill, developed the
Redevelopment Incentive Fund and New Business Incentive Program, facilitated a
tour for Dutch
dairymen, facilitated grant writing for Cleghorn and Aurelia community centers,
provided revolving
loans and Cherokee County Day at the capitol.
He asked the council to continue their financial
support as the budget process begins.
The council was asked to
consider increasing the water deposit from $75 to $100.
In a memo from
Utility Billing Clerk, Diane Cargin, she indicates that with recent increases in
rates and the addition
of storm sewer and system maintenance fees, the average bill has increased since
implementing the
deposit in 2002. M/S/P Stieneke,
Peck, authorized drafting an ordinance to increase the water deposit
to $100 for both homeowners and renters.
Councilman Mallory asked that the council reconsider the
recent Board of Adjustment appointment. He
said at the last meeting they were told of two applicants interested in the
position, but weren’t really given any information about either of them,
although the council was already familiar with Kurt Clabaugh. The other applicant is new to town and had served as the
Mayor of Sioux Rapids and also on the Sioux Rapids variance and zoning board.
Councilman Mallory said we spent about $150 on advertising the
board positions, and then didn’t give the one applicant fair consideration.
He feels this sends a bad message to the public.
Councilman Varce asked whether Councilman Mallory had brought this up at
the last meeting. Councilman
Mallory said he hadn’t, but didn’t know the information existed until after
that meeting. He feels the
information should have been given to the council before a decision was made.
Councilman Stieneke questioned whether this individual was living in
town. Mayor Henrich said he has a
residence in Sioux Rapids until his term as Mayor expires 12/31/07, but he also
has a residence in Cherokee. City Attorney Miller said the City Code doesn’t
specifically say that a board member has to
be a resident of Cherokee, however, it has always been a given in the past.
He feels that the council made their appointment at the last meeting and
can’t come back and start over. They
would first have
to remove Kurt Clabaugh from the board, but there is no cause to do so.
The other applicant could be considered for another appointment.
City Attorney Miller reported
that the initial bargaining position from the Policeman’s Association for the
7/1/08 contract is a 3.5% wage increase and a $1,000 increase in pay
differential for sergeants. The
city’s initial position is a 2% wage increase and a $250 increase in pay
differential for sergeants.
M/S/P Stieneke, Peck, the
council went into closed session at 7:55 p.m. to discuss labor negotiations
as per Iowa Code Chapters 21.5(c) and 20.17(3).
M/S/P Stieneke, Varce, brought the council back into regular session at 8:25 p.m.
M/S/P Stieneke, Leach,
authorized presenting the initial bargaining positions for the 7/1/08 I.U.O.E.
contract at the December 11th council meeting, as discussed in closed
session.
M/S/P Stieneke, Leach, the
meeting was adjourned at 8:26 p.m.
News media – Ken Ross, Chronicle Times.
Dennis Henrich – Mayor
ATTEST:
Debra Taylor, CMC
City Clerk-Treasurer