Regular City Council Meeting
City Hall, Cherokee, Iowa
May 13, 2008 – 7:00 P.M.
A regular meeting was called to
order on this date by Mayor Pro-Tem Leach.
Present: Councilmembers Burkhart,
Mallory, Stieneke, Peck, City Attorney Miller,
Clerk-Treasurer Taylor.
Mark Buschkamp, CAEDC, invited the councilmembers to the
Council of Mayors meeting
in Aurelia on Wednesday evening, where they will tour the new community center.
He
also urged them to attend a seminar at W.I.T. on Wednesday, May 21 at 7:00 p.m.
where David Beurle will speak on successful communities and community planning.
A motion by Councilmember
Burkhart, seconded by Stieneke, approved the third presentation
of Ordinance No. 533, reducing the speed limit to 25 MPH on N. Roosevelt from
Bow Drive
to the north city limits, and ordered its publication. Roll call was: AYES: Burkhart, Mallory,
Stieneke, Peck. NAYS: None.
On a motion by Councilmember Burkhart, seconded by Peck,
the council unanimously
approved the following under “Consent Business”.
City council minutes of April 22nd.
Bills totaling $139,203.51.
MARK ADDISON
K9 CERTIFICATION REGISTRATION
50.00
SALLY PETERS
DEPOSIT REFUND-APRYL LUCIUS
75.00
DEMCO, INC.
SUPPLIES
237.35
SIOUX CITY JOURNAL
SUBSCRIPTION
121.70
THREE RIVERS BENEFIT
CLAIMS THRU 4/25/08
3,821.54
MAY ADMIN. FEE
396.00
BAKER & TAYLOR, INC.
BOOKS & AUDIOS
722.34
POSTMASTER - CHEROKEE
POSTAGE FOR UTILITY BILL
547.09
CHEROKEE AVIATION AUTH.
APRIL TAX DRAW
5,161.03
VERNON FICK
RETIREMENT
1,600.00
VICKI HEMBER
BALANCE OF DEPOSIT-120 COLONY
29.86
JIM PECK
MILEAGE-SIMPCO MTG.-4/17
60.60
GE MONEY BANK/AMAZON
DVD'S
792.36
IOWA LAKES ELECTRIC COOP ELEC.
- 3/1/08-3/31/08
40.38
MASTERCARD
ANNUAL WEBSITE HOST
179.40
GAME SOFTWARE-CHILDREN'S DEPT. 217.34
SYMATEC ANTI-VIRUS RENEWALS
99.98
CHEROKEE CO. CLERK/COURT FILE
GARNISHMENT
25.00
CHEROKEE FIRE DEPARTMENT VOL.
ALLOW.-3/29/08-4/17/08 1,035.00
DAVE DEEDRICK
MEAL/MILEAGE-SRHA MTG.-4/28
68.40
STEVE ANDREASON
REFUND-OVERCHARGED APRIL 841.76
LUKE KLASCHEN
MEAL - AWWA SHORT COURSE
12.71
CHEROKEE CO. TREASURER
MUELLER ASSESSMENT-110 COLONY
231.86
DAN CONLEY
MEALS-WASTEWATER SHORT COURSE
12.71
OFFICE OF VEHICLE SERVICE 11
SALVAGE AUTO TITLES
110.00
ADVANCED WATER TECHNOLOGY 60
GAL. POLYQUEST
690.32
ALLIANCE CONCRETE, INC.
CONCRETE
1,084.00
ALLIANT
ENERGY
NATURAL GAS
13,723.81
AL'S
CORNER OIL CO.
FUEL
148.90
ARAMARK UNIFORM SERVICES TOWELS;
MATS; RAGS; MOPS
90.31
5 WK. UNIFORM SERVICE
321.21
B
& L STUMP REMOVAL
REMOVE 2 STUMPS-CHERRY; BLUFF
100.00
BLAINE'S WATER COND.
SOFTNER SALT; LAB WATER
88.46
BOMGAARS
SUPPLIES; TOOLS; PARTS
615.45
MARY
BORGHEIINCK
SUPPLIES
11.62
BUILDERS SHARP. &
SERVICE GENERATOR
1,275.00
MOWER BLADES; SHARPEN CHAIN
97.25
CANNON
MOSS BRYGGER
ENG.-COMM. CENTER PROJEC
2,530.36
STEVE
CASEY
CELL PHONE-3/21/08-5/20/08
40.00
CENTRAL IOWA DIST., INC. GARBAGE
BAGS
191.78
CHAMBER OF COMMERCE
SUPPLIES FOR HOT DOG DAYS
60.00
CHAMPION ELECTRIC, INC.
REPAIR DOWNTOWN ST. LIGHTS
346.69
CHECK OUT AERATOR PROBLEM
36.00
LIGHT BULBS
215.76
CHEROKEE AUTO PARTS
FILTER;BRAKE CLEAN;IMPACT SOCKET 27.00
O-RINGS;ANTI-SIEZE;KEYS;HOSE
40.31
CHEROKEE BUILDING CENTER METAL
PRIMER;PAINT;BRUSHES
46.53
CHEROKEE
CO. COMM. HEALTH FOOD SERVICE
LICENSE-POOL
67.50
CHEROKEE COUNTY SHERIFF
SERVE NOTICES
40.00
CHEROKEE
CO. SOLID WASTE MAY LANDFILL
FEE
11,556.01
CHEROKEE CO. TREASURER
PROPERTY TAX-310 W. LOCUST
258.00
CHEROKEE CO. WORK SERVICE CLEAN
GREASE RAGS
16.25
CHEROKEE LUMBER, INC. SACCRETE;
SCREWS; LUMBER 111.55
CHEROKEE
POLICE RESERVES TRAINING
CONF.-6 RESERVES 1,600.00
CHESTERMAN COMPANY
POP
112.60
CHICAGO CENTRAL PACIFIC
ANNUAL R/O/W FEE-CEDAR ALLEY
75.00
CHRONICLE
TIMES
COUNCIL MINUTES
384.64
CONTROL SYSTEM SPECIALIST TROUBLE
SHOOT BOILER
259.45
MECHANICAL SYSTEM REPAIR
27.10
CORRECTIONVILLE NURSERY
2 SNOW CRAB TREES-DOWNTOWN
230.00
THE COURT FOCUS
MAY SUBSCRIPTION
13.00
CREATIVE SERVICES
V.B. & B.B. CHAMPION SHI
203.64
DPC INDUSTRIES, INC.
CHLORINE; POTASSIUM PERMANG. 1,076.80
DAKOTA
SUPPLY GROUP
METERS-SPRUCE PLANT; WELLS
8,392.51
THE DES MOINES REGISTER
SUBSCRIPTION
156.00
DIAMOND VOGEL PAINTS
SOCCER FIELD PAINT
180.00
DOUBLEDAY LARGE PRINT
BOOKS
21.63
EDM EQUIPMENT
REPAIR ELGIN SWEEPER
356.83
FAREWAY STORES INC.
CLEANING SUPPLIES; SUPPLIES
78.97
ED M. FELD EQUIP. CO.
5# FIRE EXTINGUISHERS
172.00
FERGUSON ENTERPRISES,INC. HYDRANT
133.94
FOX ENGINEERING
U.V. FACILITY PLAN
5,911.30
FSH COMMUNICATIONS, LLC
PARK PAY PHONE (2 MONTHS)
110.00
HD SUPPLY WATERWORKS, LTD TRACER
WIRE ACCESS BOX
294.16
HACH CO.
LAB SUPPLIES & CHEMICALS
195.80
HALLETT
MATERIALS
GRAVEL & SAND
4,114.35
HEG
PAINTING COMPANY
PAINT FOR MECH. BLDG. STEPS
96.00
HOLZHAUER MOTORS, LTD.
SERVICE '05 & ‘06 EXPLORERS
43.98
HOLTON CUSTOM SIGNS
SOCCER SHIRTS; PARK SIGN
327.71
HY-VEE
FOOD STORES
FIRST AID SUPPLIES; FUEL
100.81
INGRAM BOOK COMPANY
BOOKS
136.13
IOWA AMATEUR S.B. ASSOC. SOFTBALLS;
SCOREBOOKS
588.00
IOWA ONE CALL
FEB. LOCATES
35.10
IOWA PRISON INDUSTRIES
SIGNS & HARDWARE
1,148.39
IOWA
TELECOM
PHONE SERVICE
871.99
JERRY'S
TREE SERVICE
REMOVE TREE-114 S. 9TH
650.00
JANITOR'S CLOSET, LTD.
ROLL TOWELS
87.00
K-MART #9222
SUPPLIES; WIPER BLADES
63.19
KNIFE
RIVER MIDWEST, LLC COLD MIX
PATCH
644.40
KUEHL & PAYER, LTD.
ENG.-AMENT STORM SEWER PROJ. 1,118.00
LADIES HOME JOURNAL
SUBSCRIPTION
16.97
LOVE TIRE, INC.
INSPECTIONS-APRIL
673.75
LUNDELL CONSTRUCTION CO. GRAVE
DIGGING
540.00
MANGOLD ENVIRON. TESTING OIL
& GREASE; TKN; TDS TESTS 207.00
MID AMERICAN ENERGY ELECTRICITY
18,543.83
MIDWEST OFFICE AUTOMATION SERVICE
CONTRACT;OVERUSE FEE 188.60
WALLY MILLER, JR.
MARCH LEGAL SERVICES
1,390.00
MODERN HEATING & COOLING CLEAN
FLAME SENSOR
48.00
MOTOR PARTS SALES
V-BELT FOR PLATE VIBRATOR
4.88
NELSON ELECTRIC
BALLAST FOR LIGHT
18.68
NORTH IOWA K-9
NARCOTICS SAFE-DOG TRAINING
200.00
NORTHERN SAFETY CO. INC. WORK
SHOES - DAN
80.72
NORTHWEST COMMUNICATIONS MAY
INTERNET SERVICE
41.90
NORTHWEST
IOWA LIBRARY WORKSHOP
REGISTRATION FEE
15.00
NOVELTY MACHINE & SUPPLY SPARE
PUMP FOR UNITED LIFT 3,393.00
O'HALLORAN INTERNATIONAL SLUDGE
& IHC TRUCK REPAIRS 1,080.36
MATT
PARROTT & SONS CO. RECEIPT
BOOKS
404.75
PERKINS OFFICE SOLUTIONS OFFICE
SUPPLIES;COPIER MAINT. 398.84
PETTY
CASH CHAMBER
COFFEE SUPPLIES 66.80
OMAHA SUNDAY PAPERS; POSTAGE
193.58
POLLARDWATER.COM-EAST
HYDRANT WRENCH
292.61
PRUETT LAWN & LANDSCAPING GRASS
SEED
87.50
PSYCHOLOGY TODAY
SUBSCRIPTION
24.97
QUILL CORPORATION
LABELS
26.93
RASMUSSEN'S CORP.
SERVICE '07 EXPLORER
19.38
REINERT MACHINE SHOP
MAKE STORM SEWER GRATE
94.00
FITTING FOR SEWER JET MACHINE
114.81
DAN
ROLLISON
CELL PHONE-4/21/08-5/20/08
40.00
MILEAGE-CPO SCHOOL-SPIRIT LAKE
67.67
MARY JO RUPPERT
MILEAGE
35.35
ANA SALAZAR
INTERPRETER-4/29/08
50.00
SANITARY SERVICES
APRIL GARBAGE PICKUP
16,797.30
DUMPSTER-411
S. 9TH DEMO
365.06
SCORE AMERICAN SOCCER CO. SOCCER
SOCKS
155.86
SHARE CORPORATION
RUST CONV.;OIL;SEWER DEOD.
845.15
SCHUMACHER
ELEVATOR CO. ANNUAL
SAFETY TEST-BEECH LIFT 400.00
ELEVATOR SERVICE CONTRACT
170.83
SIOUX SALES COMPANY
TROUSERS; SHIRTS; CUFF LIGHT
175.85
SIOUXLAND DISTRICT HEALTH BACTERIA
SAMPLES
91.00
STEVE'S
WINDOW SERVICE WINDOW
CLEANING
85.00
SUCCESSFUL FARMING
SUBSCRIPTION
39.95
TEE'S PLUS
DARE SUPPLIES
297.50
DARE SUPPLIES
341.29
TEST AMERICA ANALYTICAL
ANNUAL SLUDGE TESTING
393.98
TREASURER, STATE OF IOWA APRIL
SALES TAX
4,876.40
USA BLUE BOOK
UNION TEE;OIL;LAB CHEMICALS
221.27
UNITED PARCEL SERVICE
SHIPPING CHARGES
712.66
UNITED STATES CELLULAR
CELL PHONES
100.31
UNIV. OF NORTHERN IOWA
ILL BOOK REPLACEMENT FEE
40.00
VANDE BERG SCALES INC.
CALIBRATE LAB SCALE
114.88
VALLEY GLASS & FRAMING
DOOR REPAIR
40.00
VALLEY VETERINARY CENTER BOARD
DOG & CAT
126.00
VERIZON WIRELESS
CELL PHONES
70.00
WELLS
FARGO FIN. LEASE COPY
MACHINE LEASE
194.75
WIESE OIL & SUPPLY CO.
DIESEL; PROPANE; KEROSENE
3,460.14
Change order #3 for the Gillette Park Trail Project.
Final Payment of $4,020.35 to Ten Point Construction for the Gillette Park Trail Project.
Payment #4 of $91,294.91 to Schoon Construction for the Ament Addition Storm Sewer Project.
Authorized acceptance of the Gillette Park Trail Project.
Reviewed Library Board minutes of April 2nd.
Review Planning & Zoning Commission minutes of May 5th.
A motion by Councilmember Stieneke, seconded by Burkhart,
approved tax abatement
applications for 1610 Hwy. 3 and 945 Amber Drive.
Motion carried.
Jeff Hayes, Chairman of the Planning & Zoning
Commission, was present regarding the
update of the city’s comprehensive plan.
Jeff indicated that a comprehensive plan is very
detailed and covers a period of 10-20 years with periodic updates.
He has read 3 different
plans that were done with the help of consulting or engineering firms and said
the Commission
is struggling with how to begin. He
asked to have a couple of councilmembers participate
in the planning and Councilmembers Stieneke and Burkhart volunteered.
The first step will
be to get educated on what to expect such as community surveys, talking with
department
heads, development areas, economic development, etc.
The Clerk will contact SIMPCO to
schedule a meeting with Planning & Zoning Commission members and council
representatives.
Mark Napier, Water Supt. was present to review a situation
on Spring Lake Drive regarding
shared water lines that have been abandoned.
Chad Carey, 804 Spring Lake Drive, owns
one of the properties that was at one time served by the shared line.
Chad has since put
in a separate service line to the main. Chad
explained that there is a pit on his property
where the water meter was and service lines ran from the pit to the properties
on either
side of him. The property owners to
the north have also installed a new service line to the
main. The property owner to the
south has recently had water service shut off at the pit.
The City Code states that the property owner is responsible for the water
service pipe,
however, in the definition section of the code it states “owner of the
property served”.
Chad said that since he has owned the property, it has not been served by the
shared line.
However, he did indicate that the previous owner was served by the line.
Chad said that
since he was originally told he would be responsible for removing the abandoned
line, he
got a quote of $4,759.50, which doesn’t include filling in the pit.
Councilmember Stieneke
asked Mark whether the water department could do the work themselves. Mark indicated
that they don’t normally do work on private property.
City Attorney Miller said the city code
states that abandoned connections must be turned off at the main.
The service line is the
responsibility of the owner and the corporation stop, saddle and “T” are the
city’s responsibility.
He said the council should establish a policy of responsibility, as
similar situations will
arise. Councilmember
Stieneke questioned whether all three property owners should share
the cost.
Councilmember Burkhart said these things will continue to come up and the
council shouldn’t keep coming up with exceptions. She
agreed that maybe all property
owners involved should share in the cost. The council tabled the matter and asked that all
property
owners involved be invited to the next council meeting.
Mark Napier, Water Supt., indicated that last year
department heads were asked to keep
their seasonal, part-time employees within 20 hours/week.
Mark is requesting that he be
allowed to increase that to 40 hours/week. He included 40 hours in his budget. Some of the
projects he plans to do this summer are refurbishing the Tyson water buildings,
valve turning,
and mowing and trimming. On a
motion by Councilmember Burkhart, seconded by Mallory,
the council authorized seasonal help in the Water Dept. up to 40 hours/week.
Roll call was:
AYES: Burkhart, Mallory, Peck, Leach. NAYS:
Stieneke.
On a motion by Councilmember Stieneke, seconded by
Burkhart, the council set the public
hearing on the 2007-08 budget amendment for 7:00 p.m., May 27th.
Motion carried.
The council was asked to consider allowing the tennis court
on Sioux Valley Drive to be turned
over to the school. The school owns
the property and a 1974 agreement allowed the city to
lease the property for the construction of a tennis court.
The city no longer wants to maintain
the court and the 20-year lease with the school has long expired.
Duane Mummert has been
in contact with the school and they are interested in taking the property back.
A motion by
Councilmember Stieneke, seconded by Peck, authorized returning the property to
the school
with the understanding that they would remove everything.
Motion carried.
Mary Jo Ruppert, Library Director, was present to request
an additional handicap parking
space on W. Maple. Jim Agnitsch
indicated that the best place would be on the south side
of the street at the east end near the intersection, as there is already a ramp
there. There
are two existing handicap spaces near the library, but these are monopolized
most days by
a couple of people, which doesn’t allow for library patrons to use the spaces.
Since the cars
are legally tagged for handicapped parking, there is nothing that can be done to
get them
to move. A courtesy card
was suggested. On a motion by
Councilmember Stieneke, seconded by Peck, the council
authorized adding a handicap parking space on the south side of W. Maple at the
east end.
Motion carried.
Jim Agnitsch, Street Supt., was
present to request going to bid for a new truck, dump body,
hydraulic system and snowplow. This
is a budgeted item. A motion by
Councilmember Stieneke,
seconded by Peck, approved the specifications and authorized going to bid.
Motion carried.
A motion by Councilmember Stieneke, seconded by Burkhart,
authorized the Street Dept. to
sell the 1977 J.D. 301A mower by sealed bid.
Motion carried.
The following bids were received for the city’s annual
audit: Winther, Stave & Co.,
LLP, Spencer-FY08-$9,900, FY09-$10,350, FY10-$10,900; Williams & Co., PC,
LeMars-FY08-$12,200, FY09-$12,500, FY10-$12,500; and King, Reinsch, Prosser
& Co., Sioux City-FY08-$15,500,
FY09-$16,450, FY10-$17,450. The
Clerk indicated that Winther, Stave & Co. has done the
city’s audit for the past 5 years and she is pleased with their work.
On a motion by
Councilmember Stieneke, seconded by Mallory, the council unanimously approved
the bid
from Winther, Stave & Co., LLP.
Because of the resignation of
Mayor Henrich last Thursday, Councilmember Burkhart asked
John Cook, city manager search committee member, to address the council. John said the
search committee feels we need to do all things necessary to make Cherokee a
place someone
would like to locate. He knows that
anyone looking at us will read the minutes and newspaper
articles and will know what is going on. Therefore,
the search committee has come up with a
possible person to fill the Mayor’s term. This person has unanimous approval of the committee
and department heads. The committee
recommends Pam Pierce. Pam is the
former Deputy
Clerk and was recently recognized as a community leader.
John feels she would do a
professional job. The petition
option for a special election is always available, although
expensive, approximately $2,500. This
is not a long time appointment. Councilmember
Stieneke said that after talking with John about this he doesn’t feel the
council can do
anything without first publishing notice. City
Attorney Miller read from the State Code that
says the council must first publish notice of intent to fill the position by
appointment. If
within 14 days after publication of the notice or within 14 days after the
appointment is made
a petition is filed with the City Clerk requesting a special election, the
appointment would
be temporary and the council shall call a special election.
The Clerk was directed to publish
notice of intent to fill the vacancy by appointment.
On a motion by Councilmember Stieneke, seconded by Peck,
the council went into closed
session to discuss an employee evaluation as requested by the employee as per
Iowa Code
Chapter 21.5(i) and to discuss labor negotiations as per Iowa Code Chapters
21.5(c) and 20.17(3).
Roll call was: AYES: Stieneke, Peck, Leach, Burkhart, Mallory.
NAYS: None.
A motion by Councilmember Stieneke, seconded by Burkhart,
brought the council back into
regular session at 9:08 p.m. Roll
call was: AYES: Stieneke, Peck, Leach, Burkhart, Mallory.
NAYS: None.
No action was taken in closed session.
The following reports were reviewed:
1. April Clerk-Treasurer’s report and receipts as follows: General-$331,604.36; Police
Forfeiture-$3,059.72; County Library-$5.91; Road Use-$35,990.90; Employee Benefits-
$146,825.63; Emergency-$9,289.82; Local Option Sales Tax-$34,898.52; Hotel/Motel Tax-
$4.66; Tax Increment Financing-$76,087.93; Revolving Loan-$623.84; Library Memorial-
$365.86; Park & Rec. Cap. Impr.-$309.30; Debt Service-$114,319.60; Road Use Equipment-
$38.13; Cherokee Signs-$30; Cherokee Housing Grant-$23.02; Oak Hill Perpetual Care-
$673.73; Water Utility-City-$53,040.20; Water Utility-Industrial-$3,379.37; Water Bd./Int.-
$17,175.69; Water Improvement-$5,174.27; Water Reserve-$322.76; Water Tower Maint.-
$159.42; Water System Maint.-$9,106.09; Sewer Utility-City-$75,271.93; Sewer Utility-
Industrial-$22,067.26; Sewer Bd./Int.-$32,792.75; Sewer Improvement-$5,595.31; Aviation
Authority-$5,161.03; Solid Waste-$17,652.89; Landfill-$12,722.25; Storm Water Utility-
$7,043; Self Insurance-$1,153.63.
2. April General Fund revenue/expense report.
3. April Police reports.
4. Council was reminded that the contract with Sanitary Services automatically renews on
9/1/08
unless the city gives 60 days notice.
On a motion by Councilmember Stieneke, seconded by
Burkhart, the meeting was
adjourned at 9:10 p.m.
Motion carried.
News media – Ken Ross, Chronicle Times; Nikki Thunder, KCHE.
Robert Leach – Mayor Pro-tem
ATTEST:
Debra Taylor, CMC
City Clerk-Treasurer