Regular City Council Meeting
City Hall, Cherokee, Iowa
April 24, 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.
Doug Woods, 1200 Greta, said he
read about the railroad installing new ties in
town and said someone from the city needs to stay on top of this so the railroad
doesn’t leave piles of old ties lying around town like they have done in the
country.
They have trashed the county. Mayor
Henrich said he would contact Doug Bastian
who is with the railroad. Doug also
feels there is a real significant health hazard
at the former Wilson school. It is
a real mess and he knows it has been addressed
before. He suggested that the city look at how this business was to
be set up and
it will be clear that the owner is in violation.
Mayor Henrich asked that everyone review the “Notice to
the Public” that is printed
at the beginning of each agenda. He asked that all spectators follow the guidelines
and that it is up to the city council as to whether a spectator will be allowed
to speak
on an issue.
Councilman Mallory questioned the need for a city
manager, as the county doesn’t
have one. The city has various
boards, commissions, and a building inspector to
help run the city. There are also
dedicated, knowledgeable department heads and
employees. The people elected the
council and Mayor to lead the city, not an
administrator. He also takes
exception to John Cook’s comment about “a lawsuit
waiting to happen”. Mick noted
that Spencer appointed their city clerk as interim
administrator at a salary of $80,000, to add those duties to her clerk’s
duties. The
Jefferson, WI, city clerk was also appointed interim administrator with an
additional
$2,000/mon. in salary. He finds it
hard to believe that we need a manager if the
council won’t compensate the city clerk for the extra duties.
He feels they should
offer Deb the job as Clerk/Administrator as she has done most of the work of the
last
administrator, she knows what’s going on and it would save time and money.
Doug
Woods said he likened the city to a ship and it is time for the ship to have a
captain.
A ship will sink without a captain.
He appreciates Mick’s comments, but feels they
need to get started on hiring a manager to keep the city afloat.
Doug agrees that the
employees are competent and capable. The
council members are busy and have other
jobs. He disagreed with the comment
that the county doesn’t have a manager. He
said there are 5 supervisors making $19,000-$20,000/yr. each.
They are dealing with
elected officials, where the city deals with hired employees. In his experience in the
education field there needs to be leadership.
The council should move forward with
hiring a manager. Councilman
Mallory suggested that they take a couple more weeks
to think this over to give people time to possibly contact their councilman on
the issue.
He would like to put it on the next agenda, unless someone wants to
create a position
of Clerk/Manager. Councilman Leach
said it was his understanding that at the last
meeting a vote was made 3 to 1 to proceed with hiring a manager.
(Leach left the
last meeting before the motion was made). He
doesn’t feel this needs to be delayed
as he feels the decision has been made. Councilman
Stieneke said they have 6 people
in mind, representing a cross-section of the community, to serve on a committee.
A
list of duties is being established for the position.
Councilman Varce indicated that
the duties are listed in the City Code, but they want to make sure the
appropriate
duties are in writing. A motion was
made by Councilman Mallory, seconded by Peck,
to appoint City Clerk, Deb Taylor as the interim Clerk/Administrator, until a
manager
is hired. Roll call was:
AYES: Mallory, Peck
NAYS: Stieneke, Leach, Varce
The motion died for lack of a majority vote.
Councilman Peck made the suggestion of initiating a
maintenance fee, a flat monthly charge
on each water meter, to establish a fund for water system improvements,
including the towers. He said this
would be fairer to everyone, rather than increasing
water rates, which generally penalizes the larger water users.
He suggested $6/month,
which is about $.20/day. Councilman
Stieneke suggested putting a sunset date on this
fee rather than letting it run indefinitely.
He suggested that only the main meter be
charged the fee and not the second, or lawn, meters.
Councilman Varce agrees with
the flat fee as 26% of the users have minimum use.
In reference to a water tower
maintenance agreement, he said he still doesn’t feel they’ve done enough
homework
on it to make a decision. They need
more investigation before settling on a company
to do the work. Councilman Stieneke
said he has asked a lot of questions of Utility
Service Co. and feels that if we
don’t get into a maintenance contract we will be in
the same place 10 years from now. Mayor
Henrich indicated that Mark Napier, Water
Supt., has worked with other tower companies in the past and didn’t get any
type of
report after the work was done. Utility Service Co. is a large firm and the council has
evidence from their inspection reports of work that was missed by the other
firms.
Even so, Councilman Varce feels they need to contact other firms.
Councilmen
Stieneke and Peck said they had talked to several communities who have used
Utility
Service Co. and have been very satisfied with the work.
Councilman Leach asked
whether this should be opened up to bids. Councilman
Varce said someone would
have to draw up some specs so firms would be bidding apples to apples.
Councilman
Stieneke pointed out that the engineering is included in the Utility Service Co.
costs.
A motion was made by Councilman Peck, seconded by
Mallory, to implement a
$6/mon./customer maintenance fee for water system improvements.
During further
discussion, Councilman Leach said he would like to see a limit placed on this
fee.
Councilman Peck said there would always be ongoing maintenance of the water
system. Councilman Varce said that
when the water revenue bonds are retired in
3 years there would be more money available for improvements.
He asked how
they could set a fee before checking with other tower companies.
Councilman Leach
said that even if we go to bid on the towers, we are going to need the money.
Councilman Peck, seconded by Mallory, revised the motion
implementing the
$6/mon./customer maintenance fee and added a 5-year “sunset” at which time
the
fee would be readdressed. Roll call
was:
AYES: Peck, Mallory, Stieneke,
Leach
NAYS: Varce
An ordinance implementing this fee will be brought back
for council approval.
Councilman Varce asked Jim Adamson to report on a recent
meeting of the ABC committee.
Jim said the committee is a small, volunteer group who has helped with
various beautification projects around town as well as maintenance of the
downtown
nodes. Donna Beier, Rhoadside
Blooming House, attended the meeting and
suggested a long-range plan to change the type of plantings in the nodes,
possibly
like the area at the Bluff St./Hwy. 59 intersections.
She also suggested mowing the
current ground cover, which would then catch less debris.
Jim said the committee
recommended filling with concrete, colored concrete or brick, or a combination,
the nodes on the southwest corner of Main and 5th and Main and 4th
where vehicles
drive over the nodes destroying the plantings.
The committee would also like the
city to establish a plan to have city employees maintain the remaining nodes,
rather than having volunteers to the work.
The ABC committee would contribute
$500 toward the above recommendations. Jim
said the committee would like to
focus their efforts on entrances to town, Spring Lake Park and the greenspace
area.
Councilman Stieneke suggested eliminating one parking space on S. 4th
Street to
make the corner easier to navigate. However,
Councilman Peck said the traveled
portion of the street isn’t wide enough to make the turn.
Duane Mummert, Park
Supt., suggested removing the curb on the Main and 4th Street node
and flaring
it out. He also feels that if the
ground cover were cut down it would allow more
weeds to break through. The council
doesn’t want to see a patchwork look and
want to maintain a uniform appearance in the nodes.
Councilman Varce said that
once Rhoadside has a plan, they should start on the worst areas first.
The ABC
committee has indicated they would be willing to help with some of the
replanting.
When asked whether the city could do the concrete work, Duane answered
that
was the easy part. Low maintenance
plantings are what is needed. Mayor Henrich
will talk with Jim Agnitsch and Duane and bring back a plan on how to fill in
the
nodes at Main and 5th and Main and 4th.
A motion by Councilman Peck, seconded by Leach, approved
the second presentation
of an ordinance eliminating sections 105.05(3) and 105.05(5)(F) of the open
burning
ordinance that allowed burning upon written permission from the Fire Chief.
Roll
call was:
AYES: Peck, Varce, Mallory,
Stieneke, Leach
NAYS: None
On a motion by Councilman Varce, seconded by Leach, the
council waived the third
presentation of Ordinance No. 521, eliminating sections 105.05(3) and
105.05(5)(F)
of the open burning ordinance that allowed burning upon written permission from
the Fire Chief and ordered its publication.
Roll call was:
AYES: Varce, Mallory, Stieneke,
Leach, Peck
NAYS: None
A motion by Councilman Varce, seconded by Mallory,
unanimously approved the
following under “Consent Business”.
City council minutes of April 10th.
Approved a bill to Erie Landmark Co. for $516 for plaques
for historic buildings –
Historic Preservation Committee.
John Cook reported that substantial progress has been
made on the filter building and
the installation of fixtures in the bathhouse.
Ten Point Construction is ready to start
on the trail project as soon as weather permits.
Fundraising continues as he just
received a new pledge today. He said people could direct any questions they have
about the projects to him, the committee or Duane Mummert.
He said that the pride
the council shows in the project encourages people to be part of the
fundraising.
John said the numerous contractors and subcontractors have been working
very
well together and credits part of this to Neal Kuehl, Bob Payer and Duane
Mummert.
The next contractors meeting will be Thursday, April 26th at 10:00
a.m. Councilman
Stieneke asked if the timeline for opening the facility was still on schedule. John
feels that the recent bad weather may add a few days to a week of the original
date
(May 15), but feels the project is still on track.
Greg Kooker, Cannon, Moss, Brygger & Assoc., was
present to review plans for
proposed improvements to the community center heating, air conditioning and
electrical systems. The plans call
for replacing the current boiler system and
condensing units with several residential style furnaces.
This will allow separate
controls for different areas of the building and is estimated to save about
$80,000
over the cost of a boiler system. Most
of the existing ductwork will be used with
the addition of a few new sections. The
plan also calls for new controls, some
electrical work, replacement of light fixtures throughout the building, and fire
and smoke alarm upgrades. A sound
system for the auditorium, estimated at
$10,000, may be bid as a separate item. Mr.
Kooker said there would be very
little general contract work involved, such as painting or carpentry.
He said
local firms would be able to handle the project.
The estimated cost of the total
project is $200,000-$220,000. Councilman Varce asked that Mr. Kooker send
the council lighting options to try to keep costs down.
He then asked how the
project would be paid for. The Clerk said that during budget workshops the council
discussed bonding for the project. There
is $40,000 available from Hotel/Motel tax
and the city received a $10,000 grant from the Cherokee Legacy Foundation for
this
project. (Councilman Leach left the
meeting at 8:45 p.m.). The council
will
review funding options and Mr. Kooker will bring back firmer estimates and
alternates on lighting.
Councilman Varce asked the Mayor and council to abide by
the “public notice”
as listed at the beginning of the agenda. As
the notice states the public should be
invited by the council to comment. This
will keep the meeting under control.
People have been disrespectful to the council for the small amount of pay
they
receive. He said that it has been
discouraging for the past several months on
decisions the council has made. He invites the public to attend meetings and
encourages them to run for office. Councilman
Mallory suggested that Mayor
Henrich should have used the gavel at the last meeting and told the citizen that
he
was out of order. This may have
calmed him down.
discussion on a City Manager at the last council meeting.
He said the law allows
discussion and action on emergency items, but if action can be reasonably
deferred
to a later meeting, it should be. He
said this is a major issue and could have waited
one more meeting so the public could have been aware that it would be discussed.
He pointed out that Councilman Varce has disagreed in the past with late
additions
to the agenda. Councilman Varce
accepted Mallory’s comments, but said the public
has known that we haven’t had a manager now for some time.
It is the council’s
job to make that decision and they can’t go by what people may say at a
council
meeting. Decisions should be made
on agenda items by the time you come to
the meeting. Councilman Mallory
said the public deserves more notice and
commented that a city manager is not in the budget.
On a recommendation and approval of the Policeman’s
Association, a motion by
Councilman Stieneke, seconded by Mallory, approved amending the residency
requirement in the contract to read that an employee of the Police Department
must live no more than 5 miles from the corporate city limits of Cherokee and
any current employees who do not meet this criterion would be grandfathered in.
Motion carried.
The state has instituted a new program called the Income
Offset Program. If an
individual or business owes money to the city, such as water bills or nuisance
abatement notices, the state will withhold that money from income tax refunds
and lottery winnings and send the money to the city.
The debt has to be at least
$50 before it can be reported to the state and there is a $7 charge when a match
is made. The state recommends that
we continue to make other attempts to collect
a debt and document these attempts before turning it over to the offset program.
A motion by Councilman Peck, seconded by Varce, authorized the Mayor to
sign
the agreement to implement the Income Offset Program.
Motion carried.
Barb Cresap, 316 W. Locust, was present and said that
last week she had put in a
$4 bid on the property at 312 W. Locust. She
was planning to demolish the house
and build a garage. Mayor Henrich
had then explained to her that she was too late
to submit a bid and that the successful bidder would have been required to make
a
$2,000 deposit that would be refunded after the house was demolished.
Ms. Cresap
said she didn’t have $2,000 anyway. Mayor
Henrich reported that the Street
Department would be able to take down the house at 317 E. Main, but they could
not do the two-story houses at 312 W. Locust and 343 E. Cedar.
A motion by
Councilman Stieneke, seconded by Varce, authorized advertising for bids on the
demolition of the W. Locust and E. Cedar houses.
The garage at 343 E. Cedar
will be advertised for sale to be moved off the property.
Motion carried.
The council reviewed a letter from City Attorney Miller
stating options regarding the
agreement with Partners Management Group and the Doherty Addition lots.
Partners Management Group was to have completed the construction of two
homes within 180 days of signing the contract.
The 180 days ran out on 4/18/07.
The Cherokee Community Foundation has the option of issuing a notice of
forfeiture, which gives Partners Management 30 days to remedy the situation.
If not corrected at the end of the 30 days, the contract would be
forfeited. The
other option is to foreclose the contract, which is a more lengthy process.
When
Mr. Miller delivered the letter to City Hall, he indicated that he had spoken to
Mr. Gotto from Partners Management Group. Mr.
Gotto indicated there had
been problems with financing and that he would be willing to sign off on the
forfeiture procedure. A motion by
Councilman Varce, seconded by Stieneke,
authorized the City Attorney to proceed with the forfeiture option.
Motion carried.
Councilman Varce had a brochure from Humboldt showing an
upcoming auction of
lots in that community. He will get
more information from Humboldt to see if an
auction is an option for the Doherty lots.
Mayor Henrich indicated that during budget workshops the
council reviewed
requests from the street, water and sewer departments for part-time help to mow
their respective properties. He said they will need to mow very soon and asked
the council how to proceed. Councilman Stieneke had asked the department heads
for a list of areas they mow. The water department estimates it takes 2½ days a
week for mowing and trimming, sewer department about 3 days a week, and the
street department 4-5 days a week, especially spring and early summer.
The
street department would need someone who could use a tractor mower and mow on
inclines. The council authorized
the street, water and sewer departments to hire
part-time employees for mowing, but to limit them to 20 hrs./week.
A motion by Councilman Varce, seconded by Peck, adjourned
the meeting at 9:30 p.m. Motion
carried.
News media – Ken Ross, Chronicle Times; Greg Slotsky, KCHE.
Dennis Henrich – Mayor
ATTEST:
Debra Taylor, CMC
City Clerk-Treasurer