Minutes 1/12/2010

                                                                            Regular City Council Meeting
                                                City Hall, Cherokee, Iowa
                                               January 12, 2010 – 7:00 P.M.

A regular meeting was called to order on this date by Mayor Murphy. Present: Council Member Stieneke, Burkhart, Mallory, Morrow, Peck, Administrator Eikmeier, City Attorney Miller, Clerk-Treasurer Taylor.

A motion by Stieneke, seconded by Burkhart, approved adding item #4.05 under Consent Business to approve final payment to
Haselhoff Construction for $20,497.06 for community center improvements. Motion carried.

At 7:03 p.m., Mayor Murphy opened a public hearing on the sale of the vacated alley east of 611 Clark St. As there were no
oral or written comments, the hearing was closed at 7:04 p.m. The following bids were received on the vacated alley: Robert
Vannatta-$200; Kyle Stoneking-$502. The call for bids indicated that the successful bidder would also be responsible for
any advertising and legal fees associated with this sale. Mr. Vannatta commented that even though the bidder will add to his
property, he might not have enough space to build on. He has maintained this property for over 50 years, although it is outside
of his chain link fence. He wants to be sure the bidder knows he must maintain the whole length of this vacated alley. On a
motion by Stieneke, seconded by Burkhart, the council adopted Resolution No. 10-01 disposing of real property by selling the
vacated alley to Kyle Stoneking for $502, plus advertising and legal costs. Motion carried.

A motion by Morrow, seconded by Stieneke, adopted Resolution No. 10-02, fixing January 26, 2010 at 7:00 p.m. as the date
and time for a hearing on the proposition to authorize a Loan Agreement and the issuance of not to exceed $2,830,000 General
Obligation Refunding Capital Loan Notes to refinance two existing bond issues. Motion carried.

A motion by Burkhart, seconded by Peck, approved the second presentation of an ordinance increasing the base sewer rate to
$8.00/month and the commodity charge to $3.75/100 cu. ft.
Roll call was: AYES: Burkhart, Morrow, Peck. NAYS: Mallory, Stieneke.

A motion was made by Peck to waive the third presentation of an ordinance increasing sewer rates, but the motion died for lack
of a second. Burkhart prefers to wait until the next regular meeting to consider the third reading in order to give citizens a
chance to comment.

On a motion by Burkhart, seconded by Mallory, the council unanimously approved the following under “Consent Business”.

City council minutes of December 15^th.

Bills totaling $203,129.56.

THREE RIVERS BENEFIT CLAIMS THRU 12/31/09 6,405.81

JAN. ADMIN. FEE 384.00

CHEROKEE CO. CLERK/COURT FILE GARNISHMENT-E. OLIVER 25.00

LELAND LOUCKS BAL. OF DEPOSIT-429 MAGNETIC 39.08

CHEROKEE STATE BANK NSF CHECK – C. HARGER 200.00

CHEROKEE FIRE DEPARTMENT VOL. ALLOW.-11/13-12/7 625.00

USPS POSTAGE FOR UTILITY BILLS 559.19

CHEROKEE AVIATION AUTH. DEC. TAX DRAW 74.55

CHEROKEE CO. CLERK/COURT FILE SMALL CLAIMS-M. WILLIAMS 85.00

TRAVIS RUPP GAS - CLASS IN PLEASANTHILL 43.44

GE MONEY BANK/AMAZON DVD'S 340.70

CHEROKEE STATE BANK NSF CHECK - H. BENSON 123.15

GE CAPITAL JAN. SKIDLOADER PAYMENT 365.05

IOWA LAKES ELECTRIC COOP ELEC.-11/1/09-11/30/09 37.09

MASTERCARD NOTARY PUBLIC RENEWAL 30.00

MLA REGISTRATION-PART I 60.00

PITNEY BOWES POSTAGE FOR METER 500.00

PITNEY BOWES GLOBAL FIN. POSTAGE METER RENT-9/30-12/31 96.00

CHEROKEE STATE BANK NSF CHECK - J. LILLEFLOREN 70.00

OFFICE OF VEHICLE SERVIC 12 SALVAGE AUTO TITLES 120.00

TREASURER, STATE OF IOWA NOV. SALES TAX 5,551.67

DAN WINCHELL OVERPAID FINAL-1200 S. 2ND 19.38

ALLIANT ENERGY NATURAL GAS 4,719.60

ALPHA WIRELESS BATTERY FOR HAND HELD RADIO 95.00

REPAIR 2-WAY RADIO; ANTENNA 306.76

AL'S CORNER OIL CO. DIESEL 239.71

ARAMARK UNIFORM SERVICES SHOP RAGS; RUGS; MOPS 143.69

BLAINE'S WATER CONDITION SOFTENER SALT; LAB WATER 173.24

BOMGAARS OPERATING SUPPLIES 731.01

BUGH WELDING REPAIR VALVE & PUMPS 110.50

BUILDERS SHARP. & SERVICE PARTS; OIL; SAW CHAIN/SHARPEN. 62.35

SNOW BLOWER 619.95

C & H DISTRIBUTORS, LLC FOLDING TRUCK HAULER W/WHEELS 202.80

CANNON MOSS BRYGGER ASSO. ARCHITECT-COMM. CENTER PROJ. 583.87

CARUS CORPORATION PHOSPHATE 2,388.05

STEVE CASEY NOV./DEC. CELL PHONE 80.00

CHAMPION ELECTRIC, INC. REPLACE BREAKER IN ELEC. BOX 55.53

CHEMTRON CORPORATION CHEMICALS FOR AERATION TANK 17,954.10

CHEROKEE AREA ECONOMIC 3RD QUARTER PAYMENT-CAEDC 5,250.00

CHEROKEE AUTO PARTS BULBS;OIL;FILTER;BLOWER MOTOR 149.46

CHEROKEE BUILDING CENTER DOOR-BALLPARK CONCESSION STAND 272.94

CHEROKEE COUNTY SHERIFF CITY SHARE L.E.C.-JULY-DEC. 1,464.79

CHEROKEE CO. SOLID WASTE JAN. LANDFILL FEE 11,556.01

CHEROKEE CO. WORK SERVIC CLEAN SHOP RAGS 5.07

CHEROKEE REG. MED. CENTER RANDOM CDL DRUG/ALCOHOL TESTS 101.00

CHESTERMAN COMPANY POP 51.50

CHRONICLE TIMES COUNCIL MINUTES; HELP AD 383.92

CONTROL SYSTEM SPEC. MECHANICAL SYSTEM SERVICE 653.88

THE COURT FOCUS JAN. SUBSCRIPTION 13.00

CREATIVE SERVICES PLAQUES; EVENT SIGN 62.50

DPC INDUSTRIES, INC. CHLORINE & POTASSIUM PERMANG. 1,266.26

DANKO EMERGENCY EQUIP. SAFETY VEST;GLOVES;COAT REPAIR 103.08

CASCADE BOTTLE HYDRO TEST 138.00

DEER VALLEY LAND IMPROV. HAUL SNOW-12/10-11;12/28-30 5,652.50

DES MOINES STAMP CO. 6-YR. DATE STAMP 70.00

EMBLEM ENTERPRISES, INC. 200 PATCHES 281.79

EMERGENCY APPARATUS MAINT. REPAIR PRIMER VALVE 797.10

FAREWAY STORES, INC. SUPPLIES 35.19

ED M. FELD EQUIP. CO. EXTINGUISHERS;POWDER;SEALS 520.20

FOX ENGINEERING CONST. ADMIN.-U.V. PROJECT 6,159.82

FSH COMMUNICATIONS PARK PAY PHONE 55.00

HACH CO. LAB SUPPLIES 466.36

HALLETT MATERIALS SAND; GRAVEL; FILL SAND 4,076.97

HOLZHAUER MOTORS LTD. SERVICE VEHICLES; AIR FILTER 70.63

HOME LIFE SUBSCRIPTION 29.00

IOWA ONE CALL NOV. LOCATES 45.00

IOWA RURAL WATER ASSOC. CEU'S FOR LICENSES 20.00

IOWA STATE POLICE ASSOC. ANNUAL DUES FOR 8 OFFICERS 240.00

IOWA TELECOM PHONE SERVICE 917.96

JANITOR'S CLOSET, LTD. PAPER TOWELS 117.18

JIM'S LAWN CARE & MORE SNOW REMOVAL-BRIDGES; WALKS 715.00

JUNIOR LIBRARY GUILD BOOK SUBSCRIPTION 159.00

K-MART #9222 CLEANING/MISC. SUPPLIES 41.44

KUEHL & PAYER, LTD. SEWER RATE STUDY 1,955.30

CONNIE LADWIG CLOCK FOR LOWER LEVEL 21.39

LAKE ELECTRIC SUPPLY MOTOR/SWITCH-MEN'S RR FAN 57.39

LUNDELL CONSTRUCTION CO. GRAVE DIGGING 427.50

LOAD/HAUL SNOW-DEC.10-11 3,419.00

WATER LEAKS 3,089.35

REPLACE METER-SPRUCE PLANT 1,651.01

LOAD/HAUL SNOW-DEC. 26-30 12,402.50

SEWER CLEANER 390.00

MARSHALL CAVENDISH, INC. BOOKS 117.52

MIDLAND SCIENTIFIC, INC. LAB SUPPLIES 288.11

MID AMERICAN ENERGY ELECTRIOITY 22,415.03

WALLY MILLER, JR. DEC. LEGAL SERVICES 2,675.00

MODERN HEATING & COOLING REPAIR BOILER & HEATER 626.99

MOTOR PARTS SALES VEHICLE SUPPLIES/PARTS 289.53

TOM MUMMERT & SON CONST. HAUL SNOW-DEC. 10-11 900.00

MUNICIPAL SUPPLY, INC. CURB STOP; SADDLES; CORP. 654.16

NELSON ELECTRIC REPLACE BALLAST 47.68

O'HALLORAN INTERNATIONAL WASHER TANK; EXHAUST CLAMP 57.05

2 MUFFLER HANGARS-'98 IH 247.54

PROGRAM COMPUTER ON SWEEPER 105.00

REPAIR SEWER JET TRUCK 25.92

OTIS ELEVATOR COMPANY OCT.-JAN. ELEVATOR CONTRACT 560.00

PERKINS OFFICE SOLUTIONS OFFICE SUPPLIES 320.12

PETTY CASH CLEANING SUPPLIES; POSTAGE 176.43

POP STAR LEISURE PUBLISH. SUBSCRIPTION 19.99

POWERPLAN REPAIR FUEL PROBLEM-LOADER 529.25

QUALITY PUMP AND CONTROL PARTS FOR PRESSURE TRANSDUCER 960.89

REHAB SYSTEMS, INC. CLEAN SLUDGE PIT 175.00

REINERT MACHINE SHOP WASHER; CHAIN CONNECTOR 34.04

RHOADSIDE BLOOMING HOUSE GROUND COVER FOR NODES 200.00

ROAD & TRACK SUBSCRIPTION 26.00

RON'S REPAIR, INC. REPAIR CHEV. DUMP TRUCK 958.00

SAC COUNTY SHERIFF'S OFF DILIGENT SEARCH-M. WILLIAMS 24.20

ST. LUKES OCCUP. HEALTH RANDOM CDL DRUG TEST REVIEW 108.00

SANITARY SERVICES DEC. GARBAGE PICKUP 20,712.65

SCHOON CONSTRUCTION CO. LOAD/HAUL SNOW-DEC. 9,920.00

HYDRAULIC HOSE FOR BACKHOE 58.54

SIRCHIE FINGER PRINT LAB EVIDENCE COLLECTING ITEMS 42.54

SIOUXLAND DISTRICT HEALTH BACTERIA SAMPLES 91.00

STEVE'S WINDOW SERVICE WINDOW CLEANING 90.00

TEST AMERICA ANALYTICAL COPPER; OIL/GREASE; TKN; TDS 2,321.87

TIRE SERVICE CENTER TIRE REPAIR; NEW TUBE-BACKHOE 177.00

TOOL DEPOT CHAINS FOR PLOW;BITS;DRIVER 220.01

TOP NOTCH REPAIR, LC REPAIR TIRE-'06 CHEV. 12.50

TREASURER, STATE OF IOWA DEC. SALES TAX 5,702.30

TYLER TECHNOLOGIES ANNUAL SOFTWARE MAINTENANCE 5,329.00

UNITED PARCEL SERVICE SHIPPING CHARGES 70.83

UNITED STATES CELLULAR CELL PHONES 99.35

UNITED ROTARY BRUSH CORP 4 GUTTER BROOMS; 2 MAIN BROOMS 670.76

VALLEY VETERINARY CENTER BOARD DOGS 669.72

VERIZON WIRELESS CELL PHONES 89.99

WELLS FARGO FINANCIAL COPY MACHINE LEASE 110.80

WIESE OIL & SUPPLY CO. GAS; DIESEL; OIL 13,400.99

WOODALL ELECTRIC REPAIR PHOTO EYE & CONTACT 591.00

UNHOOK WIRES-SLUDGE TANK 225.00

REPAIR #3 MOTOR AT BEECH 112.50

REPAIR SUMP PUMP; BREAKER 122.00

REPAIR OUTSIDE LIGHTS 135.00

Reviewed Library Board minutes of November 4^th and December 10^th.

Approved payment #8 to Grundman-Hicks for $22,326.18 for the wastewater ultraviolet project.

Approved final payment to Haselhoff Construction for $20,497.06 for community center improvements.

A motion by Mallory, seconded by Burkhart, unanimously approved the Fire Department’s appointment of Gary Chase as
Fire Chief, Greg Eaton as 1^st Assistant Chief, and Mike Allbaugh as 2^nd Assistant Chief.

On a motion by Stieneke, seconded by Mallory, the council appointed Jim Peck to the E911 Board. Motion carried.

The council was asked to consider whether to fill the firefighter position vacated by Keith Willis who is retiring due to disability.
A motion was made by Stieneke to postpone this discussion until budget time. The motion died for lack of a second.

A motion by Mallory, seconded by Burkhart, authorized advertising for the position. In discussion on the motion, Stieneke said
he would like to see the difference in response times with a manned station vs. unmanned. He also asked why Cherokee is so
different from other communities our size in the fact most don’t have any paid positions. He feels this may be a luxury we can’t
afford. Burkhart doesn’t consider a manned station a luxury. We have 2 paid positions and 30 volunteers and feels this is a
matter of citizen safety. She commented that each town has different priorities and feels this is an excellent way to spend the
money. She also doesn’t feel Cherokee would have 30 volunteers if there is no paid staff. She said the recent fire at Timber Ridge Apartments is an excellent example. She realizes that money is a concern, but with the cooperation among departments she feels
they can make it through. Mallory commented that we are the county seat and the smaller communities are finding it harder to
recruit volunteers making their response times drastically slower. The demands on our department may increase in the future so
we need to support our volunteers. Peck indicated that 5-7 minutes in response time could save a life. The vote on the motion to
fill the position was: AYES: Mallory, Morrow, Peck, Burkhart. NAYS: Stieneke. Administrator Eikmeier noted that Keith
Willis is retiring after many years of service.

A motion by Mallory, seconded by Peck, approved a tax abatement application for improvements at 919 S. 2^nd St. Motion carried.

Administrator Eikmeier asked the council to review the snow removal ordinance for sidewalks in the downtown area. The ordinance
was adopted several years ago at the completion of the downtown improvement project to help preserve the new sidewalks, brickwork,
and raised domes in the radius. The ordinance prohibits the use of large tractors, tire chains on snow removal equipment, steel
wheels, steel blades, front loader attachments, and steel bladed snow blowers. The Street Supt. and Police Chief said there
continue to be more and more violations of the ordinance and they would like to see it enforced as a preservation tool. Jim Agnitsch,
Street Supt., said that the steel blades could drop into the expansion joints and damage the concrete. The brick is soft, so the
raised domes pop off pretty easily. He would like to see the ordinance enforced or dropped altogether. He doesn’t see a problem
with a walk-behind snow blower, as those don’t have the force that a blade would have. He also said that this is an unusual winter
with so much snow at once, so the use of prohibited equipment is out of control. Administrator Eikmeier said that if the ordinance
were enforced, citations would probably be issued. City employees will also be directed to use the proper equipment. He will
work with the Chamber to send reminder notices to downtown property owners on prohibited equipment. The council asked that
the ordinance be enforced.

The council reviewed the following reports.

1. Administrator’s report.

2. December Clerk-Treasurer’s report and receipts as follows: General-$29,682.34; Police

Forfeiture-$556.13; County Library-$3,251.02; Road Use-$37,384.86; Employee Benefits-

$4,627.29; Emergeny-$134.20; LOST-$25.09; Hotel/Motel Tax-$24,600.94; Tax Increment

Financing-$770.45; Revolving Loan-$18.45; Library Memorial-$386.13; Park & Rec. Capital

Impr.-$1,210.02; Debt Service-$4,910.53; Road Use Equipment-$.96; ABC Projects-$40;

Emergency Set-Aside-$1.69; Aquatic Center Project-$50.43; Community Center Project-

$1.77; Fire Rescue Truck-$.39; Oak Hill Perpetual Care-$101.75; Water Utility-City-

$62,565.86; Water Utility-Industrial-$18,227.78; Water Bd./Int.-$5.44; Water Improvement-

$22,236.16; Water System Maintenance-$9,879.53; Sewer Utility-City-$85,908.44; Sewer

Utility-Industrial-$21,479.99; Sewer Bd./Int.-$32,699; Sewer Improvement-$20,528.87;

Aviation Authority-$257.96; Solid Waste-$23,401.90; Landfill-$12,686.07; Storm Sewer

Utility-$7,408.27; Self Insurance-$24.65.

3. December General Fund revenue/expense report.

4. December Police Reports.

5. Department reports.

Gary Chase, Fire Chief, reported on a recent electrical fire at 219 W. Main St. The owner at one time operated a business out
of the storefront, but it is now basically storage. There is only one path in and out and it needs to be cleaned up. As this is
considered the owners’ residence, the State Fire Marshall can’t tell her how to live. Administrator Eikmeier indicated that since
this is no longer operated as a business, the owner is in violation of the zoning code because a storefront in the Central Business
District can’t be used for storage. He has attempted to make contact with the owner several times on this issue. He proposes to
review the Fire Chief’s report, consult with the City Attorney and notify the owner to remove the contents or the City will do so
at her expense.

Jim Agnitsch, Street Supt., was asked to comment on the challenges and issues from the multiple snowstorms. He said that a lot
of people are piling snow on the right-of-way making blind corners. The crews have been widening as many streets as possible
and everything is passable. They are also working on winging back some of the intersections to help with site distance.

The Administrator reported that letters have been going out to property owners who have not removed snow from sidewalks. If
not cleaned citations will be issued. He reported that Water Department personnel are digging out fire hydrants as time allows
and some have been dug out by citizens.

Mayor Murphy said he has received a lot of good comments about the excellent job by the Fire Department in the Timber Ridge
fire, as well as appreciation for the Street Department’s work.

On a motion by Stieneke, seconded by Burkhart, the council went into closed session at 7:57 p.m. to discuss labor negotiations
as per Iowa Code Chapters 21.5(c) and 20.17(3). Roll call was: AYES: All. NAYS: None.

A motion by Stieneke, seconded by Peck, returned the council to regular session at 8:23 p.m.
Roll call was: AYES: All. NAYS: None.

No action was taken in closed session.

Mayor Murphy presented a certificate to Dan Morrow for his service on the Planning & Zoning Commission from 12/18/07
to 12/31/09.

On a motion by Burkhart, seconded by Peck, the meeting was adjourned at 8:24 p.m. Motion carried.

News media – Paul Struck, Chronicle Times; Nikki Thunder, KCHE.

Mark Murphy – Mayor

ATTEST:

Debra Taylor, ICMC

City Clerk-Treasurer