Regular City Council Meeting

City Hall, Cherokee, Iowa

December 18, 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, Clerk-Treasurer Taylor.  Absent:  City Attorney Miller.

Ordinance Increasing Deposit for Water Service

A motion by Councilman Stieneke, seconded by Leach, approved the second presentation of an ordinance
increasing the deposit for water service to $100.  Roll call was:
AYES:  Stieneke, Leach, Peck, Varce, Mallory
NAYS:  None

Ordinance Establishing City Manager Position

The council reviewed a proposed ordinance establishing the position of City Manager.  (The current code
provides for a City Administrator).  Clarence Krepps had provided a sample, which City Attorney Miller used
to draft the ordinance.  Councilman Mallory questioned item #6 that states the City Manager has the power to
employ assistants and employees for which the council has approved the position, and has the power to discharge
said assistants or employees found incompetent or derelict in their duties.  Mallory asked whether the power to
discharge was without council approval.  Linda Burkhart asked whether the criteria in the proposed ordinance
came from the council.  Mayor Henrich said this was a model ordinance put together by Clarence Krepps from
his conversations with council members.  Councilman Varce indicated that the search committee also had some
strong recommendations.  The council also feels that the ordinance should include the provision that the City Manager
must live in the city limits.  A motion by Councilman Leach, seconded by Stieneke, tabled any action on the proposed
ordinance and asked that the City Attorney address the question regarding item #6 and add the provision of city
residence.  The council should also contact Mayor Henrich or the City Attorney with any other questions.  Motion carried.

Consent Business

On a motion by Councilman Leach, seconded by Stieneke, the council unanimously approved the following under
“Consent Business”. 

City council minutes of December 11^th.

Renewal of class “B” native wine license – Hy-Vee Food Store.

Consider Special Burn Permit

Tom Abrahamson, 111 Chief, had requested special permission to burn brush and downed trees behind his property. 
He was not in attendance, but his neighbor, Ed Otto, 105 Chief, was present.  Ed explained that their property extends
to the west to the railroad tracks and beyond that is the golf course.  He felt that with the snow cover and people not
having windows open this time of year would provide a good time to burn the brush and trees.  Councilman Leach
indicated that he has a neighbor with the same situation who hasn’t talked to him since the burn ban ordinance was
passed.  If one person is allowed to burn, there will be others requesting the same.  Jim Agnitsch, Street Supt., indicated
that he has seen a noticeable difference in the amount of leaves they pick up with the street sweeper since burning was
banned.  It was suggested that the trees be cut into short lengths and burned as a recreational fire.  Linda Burkhart
asked what the difference was in normal burning and a recreational fire.  The code reads that recreational burning
is allowed for food preparation and camping purposes; the material is limited to charcoal, seasoned wood, branches,
or twigs; and burning must be in an acceptable structure designed for fire containment.  The request to burn the brush
and downed trees was denied.

Tyson Water Tower Maintenance

The council was asked to consider adding the Tyson water tower to the Utility Service Co. maintenance contract. 
This tower is currently under contract with Maguire Iron, but can be removed from the contract if the company is contacted
by early January.  Mark Napier, Water Supt., and Mayor Henrich visited with Jerry Menke from Tyson Foods and gave
him the report and costs from Utility Service Co.  Although Tyson water rates will most likely have to be increased
somewhat to cover the maintenance costs, Jerry was comfortable with either company.

Mark indicated that it didn’t make any difference to him which company was used.  Councilman Stieneke and Varce
felt it made more sense to have all towers under one company.  On a motion by Councilman Stieneke, seconded by
 Peck, the council authorized placing the Tyson water tower under contract with Utility Service Co.  Motion carried.

Consider Allowing Auto Sales in CBD

The council was asked to consider allowing auto sales in the Central Business District.  An auto dealership recently
purchased the vacant lot north of Subway on Hwy. 59 for auto display.  The District currently allows auto parts sales
and auto repair, but not auto sales.  One suggestion would be to send a recommendation to the Planning & Zoning
Commission to amend the ordinance to include auto sales.  The other option would be to consider such a request
on a case-by-case basis.  A motion by Councilman Leach, seconded by Peck, authorized sending this issue to the
Planning & Zoning Commission with the recommendation that auto sales at this location be allowed by special permit.
Motion carried.

Consider Purchase of Maintainer Wing

Jim Agnitsch, Street Supt., asked council approval to purchase a used wing for the maintainer they recently purchased
from the County.  There is one in Minneapolis, through Zeigler, for $4,500 and another one in Cedar Rapids for $5,000. 
Jim indicated that both were in good condition and would fit their maintainer with no adaptions needed and would be
paid from the Road Use equipment fund.  The wing from Zeigler would be available for pick up in Sioux City.  A motion
by Councilman Varce, seconded by Peck, authorized the purchase of the maintainer wing from Zeigler for $4,500. 
Motion carried.

Appointments by Mayor

Mayor Henrich made the following appointments for 2008:

Council liaisons:  Park & Rec. – Councilman Leach          Fire – Councilman Mallory

                             Street – Councilman Peck                    Water – Councilperson Burkhart

                             Wastewater – Councilman Stieneke

Mayor Pro-tem:  Councilman Leach

Appointments by Council

On a motion by Councilman Stieneke, seconded by Leach, the council unanimously approved the following
appointments for 2008.

Planning & Zoning Commission:  Term expiring 12/31/10 – Jeff Hayes, Tim Gaydo, Lorraine Smith. 
Vacant term expiring 12/31/09 – Dan Morrow.

Historic Preservation Commission:  Term expiring 12/31/10 – Sarah Cook.

At their next meeting, the council will consider an ordinance to increase the Historic Preservation Commission
from 5 members to 7 members.

Aviation Authority Board:  Term expiring 12/31/11 – Kent Wenck and Mike O’Neal.

Fire Chief:  Dave Lucas

1^st Assistant Fire Chief:  Gary Chase

2^nd Assistant Fire Chief:  Mark Napier

New appointments for Volunteer Fire Department:  Justin Pritts and Wayne Pingel

County Landfill Commission:  Ken Slater

Siouxland Regional Housing Authority:  Dave Deedrick

County Reap Committee Representative:  Councilman Stieneke

Labor Negotiations for City:  City Attorney Miller, Mayor Henrich, Councilman Leach

ISTEA Policy Board:  Street Supt., Jim Agnitsch

ISTEA Technical Advisory Commission:  John Meis

County Damage Assessment Team:  Councilman Peck

WIT Conference Center Governing Board:  Councilman Mallory

BEST Committee:  Mayor Henrich

Cherokee Co. Conference Board:  Mayor Henrich

Cherokee Co. Emergency Management Commission:  Mayor Henrich

Official Newspaper

On a motion by Councilman Stieneke, seconded by Leach, the council unanimously approved the Chronicle Times as
the official newspaper. 

City Manager Search

Mayor Henrich reported that Clarence Krepps would submit a list of candidates for the council to review and narrow
down for interviews.  A special meeting will be called the first week of January and will most likely be conducted in
closed session at the request of the applicants.

Oath of Office

Mayor Henrich issued the oath of office to incumbent council members Jim Peck and Greg Stieneke and incoming
council member Linda Burkhart.

Presentation of Plaque

Mayor Henrich presented Councilman Varce with a plaque for his service to the community as councilman from
January 1, 2004 through December 31, 2007.

Adjournment

A motion by Councilman Stieneke, seconded by Leach, adjourned the meeting at 7:50 p.m.  Motion carried.

News media – Ken Ross, Chronicle Times.

                                                                                   __________________________________

                                                                                    Dennis Henrich – Mayor

ATTEST:

_______________________________

City Clerk-Treasurer