Regular City Council Meeting
City Hall, Cherokee, Iowa
April 8, 2008 – 7:00 P.M.
A regular meeting was called to order on this date by
Mayor Henrich. Present:
Councilmembers
Burkhart, Mallory, Stieneke, Leach, Peck, City Attorney Miller, Clerk-Treasurer
Taylor.
Councilmember Mallory stated
that at the last meeting the council was told there was a fund to help
supplement families or individuals who couldn’t afford the aquatic center
fees. Mallory clarified this
by saying that a $1,200 donation was made last year, but those funds have been
expended. He was
disappointed with this misinformation, which he felt might have swayed the vote
on increasing the
daily admission fee. Councilmember
Peck said someone had approached him wanting to donate
the cost of a family pass. The
Clerk indicated that donations of this type could be made to the City
or the Cherokee Community Foundation.
Dan Morrow, 409 S. 8th,
thanked the council for the opportunity to attend a recent Planning & Zoning
workshop. He then asked the council
to consider sending a letter to the county regarding the trash
in the ditches and farm ground around the landfill.
He realizes this is in the county but it affects the
image of Cherokee. Mayor Henrich
exp ilained that the landfill is a separate entity – Cherokee County
Solid Waste Commission – and not the County Supervisors.
He said the trash is an ongoing problem
and that the landfill is working on cleaning this up.
He said the plastic bags are the worst because the
wind catches them and they can blow a great distance.
The landfill recently purchased additional fencing
that is being repaired and will be installed. Mayor Henrich was directed to send a letter to the Solid
Waste
Commission expressing the council’s concerns.
Steve Linn, 304 N. Roosevelt,
had requested a hearing on a public nuisance abatement order that was
issued to him on 3/14/08. The
nuisance was described as two vehicles that had not been moved for
several months. Mr. Linn said he
was not aware of complaints from any neighbors.
City Attorney Miller
summarized the section of City Code that states, in part, that a vehicle is
considered inoperable under
the junk vehicle ordinance if it “has not been used as an operating vehicle
for a period of 30 days or more”.
When asked the last time the vehicles had been moved, Mr. Linn said
the van had been moved 6 times
in the last year and the pickup hadn’t been moved since last fall.
Mr. Linn said he wasn’t aware that the
vehicles had to be moved. He went
on to say that the Police has terrorized and criminally harassed him
and his family for the past several weeks.
He asked if there had been other nuisance orders issued in the
last 30 days. Councilmembers
Stieneke and Leach both answered that there have been.
Mr. Linn feels
he has been harassed and picked on and that the Police Chief is out of control.
He respects the law, but
they should have to follow the rules also.
Chief Steve Schuck was present and indicated that there are
charges pending against Mr. Linn and that the vehicles are also registered in
the name of Mr. Linn’s father
who is deceased. Mr. Linn said he
will register the vehicles properly and will move the pickup to the farm.
As he uses the van periodically, he will make sure it is moved at least every 30
days as required.
City Attorney Miller reported that Mr. Krepps will send
the city the resumes he received, except for those
who specifically asked that their resume be kept confidential.
Wally will also send a letter to the Clerk listing
where Mr. Krepps advertised the position.
Councilmember Burkhart reminded the council that SIMPCO
had suggested the search committee consist of councilmembers and citizens.
At the last meeting, she
and Councilmember Peck volunteered to serve on the committee and the council
appointed City Clerk
Taylor as a member. These committee
members then offered as citizen members Aimee Barritt, Marilyn
Peck and John Cook. Burkhart asked
for the council’s direction as to what they would like the committee
to do – ads, review applications, etc. The
council suggested that the committee review the applications,
and then narrow them down to 3 or 4 for full council consideration.
Councilmember Mallory said that at the
last meeting the Mayor and Councilmember Leach said the council needed to work
together to create a
better image. Mallory doesn’t
feel it was a council problem that the last administrators were asked to resign
and doesn’t feel it is too much to ask that an employee do their job. If they are confident in their abilities a
little confrontation shouldn’t bother them.
Leach said they aren’t looking for councilmembers to always
agree on every issue, but rather that the full council is in agreement to hire a
manager. When asked by
Councilmember Burkhart if Mallory agreed with hiring a manger, Mallory answered
no. He would rather
hire a Public Works Director and referenced the number of department heads
(water/sewer/street) that
could possibly retire in the next several years.
This is where the money is. Burkhart
said it should then
be a goal of the committee to bring back applicants with qualifications that
Mallory would also be
comfortable with. The council set
the salary range at $65,000-$70,000. The
committee will meet
and put together an advertisement and decide where to place the ads.
City Attorney Miller reported
that if the building permit has expired for Ron Strickland’s building on Lake
Street, the next step would be to follow the City Code regarding unsafe
buildings. He read from the City
Code section that states, in part, whenever any building or structure is
abandoned for a period in excess
of 6 months so as to constitute an attractive nuisance or hazard to the public
it is considered unsafe.
Mayor Henrich will visit with the City Attorney regarding the next step
in the process.
On a motion by Councilmember
Stieneke, seconded by Leach, the council approved the third presentation
of Ordinance No. 532, amending the allowable square footage for accessory
buildings in R-1 and R-2
zoning districts, and ordered its publication.
Roll call was: AYES: Stieneke, Leach, Peck, Burkhart,
Mallory. NAYES:
None.
A motion by Councilmember
Burkhart, seconded by Stieneke, approved the first presentation of an
ordinance reducing the speed limit to 25 MPH on N. Roosevelt from Bow Drive to
the north city limits.
Roll call was: AYES:
Burkhart, Mallory, Stieneke, Peck. NAYS:
Leach.
A motion by Councilmember
Burkhart, seconded by Mallory, unanimously approved the following
under “Consent Business”.
City council minutes of March 25th.
Bills
totaling $147,997.11.
BAKER & TAYLOR, INC.
BOOKS & AUDIOS
1,233.73
HY-VEE
DRUGSTORE
INK CARTRIDGE
84.95
HY-VEE FOOD STORES
SUPPLIES
6.84
CARDMEMBER SERVICE USED
PASSPORT CAMERA
129.48
CHEROKEE CO.
CLERK/COURT FILE
SMALL CLAIMS
125.00
DEBRA TAYLOR
MILEAGE-NICCA
MTG.-3/20/08
23.87
ISU EXTENSION
P & Z WORKSHOP REGISTRAT
280.00
OFFICE OF VEHICLE SERVICE 8
SALVAGE AUTO TITLES
80.00
POSTMASTER - CHEROKEE
POSTAGE FOR UTILITY BILLS
549.74
THREE RIVERS BENEFIT
CLAIMS THRU 3/28/08
4,301.68
APRIL
ADMIN. FEE
396.00
CHAMBER OF COMMERCE
4TH QTR. HOTEL/MOTEL TAX
6,661.24
CAEDC
4TH
QTR. HOTEL/MOTEL TAX
2,664.50
CHEROKEE AVIATION AUTH.
MARCH TAX DRAW
524.00
VERNON FICK
RETIREMENT
1,600.00
DOUBLEDAY
LARGE PRINT BOOK
20.82
GE MONEY BANK/AMAZON
DVD'S
564.58
AWWA - IOWA SECTION
REG.(3)-AWWA SHORTCOURSE
510.00
IOWA
LAKES ELECTRIC COOP ELEC.-2/1/08-2/29/08
43.68
IOWA RURAL WATER ASSOC.
REG.-IRWA MEETING
10.00
MASTERCARD
PASSPORT CAMERA FILM
21.89
PITNEY BOWES POSTAGE
POSTAGE FOR MAILING METER
500.00
CHEROKEE FIRE DEPARTMENT VOL.
ALLOW.-3/4/08-3/21/08
445.00
IOWA RURAL WATER ASSOC.
WATER DISTRIBUTION TRAINING
30.00
U.S. POLICE CANINE ASSOC. MEMBERSHIP
FOR ROBERTS/SHILO 40.00
CHRONICLE TIMES
SPRING NEWSLETTER
225.00
ASHLEY KNIGHT
DEPOSIT BALANCE-119 E. CHERRY
7.62
IOWA LEAGUE OF CITIES
MLA PART 3-MALLORY
40.00
IVY SIVINSKI
10-YR. LOAN (HEADLINES)
10,000.00
KEITH WILLIS
MILEAGE-SIOUX CITY-CONT.ED.
129.28
CURT MOYE
DEFERRED
COMP. WITHDRAWAL 4,200.00
JOHN
LANGSCHWAGER
IRWA MEETING REGISTRATION
10.00
ACS FIREHOUSE SOLUTIONS
SOFTWARE SUPPORT
105.00
ALLIANT ENERGY
NATURAL GAS
10,575.61
ALPHA
WIRELESS
REPAIR HAND HELD RADIO
56.27
AL'S CORNER OIL CO.
FUEL 153.09
ARAMARK UNIFORM SERVICES TOWELS;
MATS; RAGS; FRESHNERS 88.73
4 WK. UNIFORM SERVICE
245.88
AUTOMATIC SYSTEMS CO.
MODULE TO RUN RAS PUMP
426.44
BARCO MUNICIPAL PRODUCTS
PIPE CAPS FOR SIGN POSTS
62.61
2.5” HOSE & ADAPTERS-SWEEPER
74.64
BLAINE’S WATER COND.
LAB WATER; SOFTENER SALT
114.42
BOMGAARS
SUPPLIES; PARTS; EQUIPMENT
510.01
BUGH WELDING
OXYGEN & ACETYLENE FOR TORCH
70.34
CANNON,
MOSS, BRYGGER ENG.-COMM. CENTER PROJECT
3,014.66
CARROLL DISTRIBUTING
SAFETY GLASSES; ANCHORS
131.00
CHAMPION
ELECTRIC, INC. SUPPLIES;
REPAIRS; PARTS
191.95
CAEDC
4TH
QTR. PAYMENT
5,250.00
CHEROKEE AUTO PARTS
VEHICLE SUPPLIES FILTERS
98.15
CHEROKEE
BUILDING CENTER PAINT &
SUPPLIES
86.92
CHEROKEE
CO. CLERK/COURT CITY CASE
50.00
CHEROKEE CO. SOLID WASTE APRIL
LANDFILL FEE
11,556.01
CHEROKEE LUMBER, INC.
PREMIX CONCRETE FOR SIGN POST
25.83
CHEROKEE
PUBLIC LIBRARY TRANSFER
MEMORIAL FUNDS
2,205.00
CHESTERMAN COMPANY
POP
58.80
CHRONICLE TIMES
MINUTES; EMPLOYMENT ADS
492.28
THE
COURT FOCUS
APRIL SUBSCRIPTION
12.00
COUNTRY LIVING
SUBSCRIPTION
24.00
CREATIVE SERVICES
EVENT SIGN (6)
45.00
DPC INDUSTRIES, INC.
CHLORINE; POTASSIUM PERMAG.
558.05
DARREN’S CLOTHING CO.
3 WORK SHIRTS; SEW ON PATCHES
139.00
JIMMIE DAVIS
DEPOSIT FOR LEADED WINDOW
2,700.00
DEMCO, INC.
SUPPLIES
399.97
DENNY’S SERVICE
REPAIR URINAL
87.00
DIABETIC LIVING MAGAZINE SUBSCRIPTION
19.97
ENVIRON. RESOURCE ASSOC. LAB
CHEMICALS
222.66
FAREWAY STORES INC.
PAPER TOWELS; SUPPLIES
68.94
FARMER’S
GRAIN & FEED POULTRY
FEED
32.20
ED M. FELD EQUIP. CO.
FIRE EXTINGUISHERS
561.00
FOLLETT
SOFTWARE COMPANY SOFTWARE
3,466.99
FOX ENGINEERING
U.V. FACILITY PLAN
2,948.82
FSH COMMUNICATIONS, LLC
PAY PHONE
55.00
HACH CO.
LAB SUPPLIES
320.94
HALLETT
MATERIALS
ROCK; GRAVEL
108.74
HILLYARD
JANITORIAL SUPPLIES
169.07
HOLZHAUER MOTORS, LTD.
SERVICE; BULB
25.58
HY-VEE
DRUGSTORE
BATTERIES
4.99
HY-VEE FOOD STORES
FUEL; SUPPLIES
71.45
IOWA
D.O.T.
6’ GRADER BLADE
59.67
IOWA PRISON INDUSTRIES
SIGNS
298.95
IOWA
TELECOM
TELEPHONE; INTERNET
959.85
JANITOR’S
CLOSET, LTD. JANITORIAL
SUPPLIES
288.58
MARIE
JONES
VOLLEYBALL OFFICIAL
90.00
K-MART #9222
CLEANING SUPPLIES
25.76
KEYSTONE LABORATORIES
NITRATE SAMPLE
13.80
KNIFE RIVER MIDWEST, LLC 7.08
T. COLD MIX PATCH
637.20
LAKE ELECTRIC SUPPLY
BREAKER FOR PARK RESTROOM
39.65
KENT WENCK
INSPECTIONS-NOV.-MARCH
857.50
LUNDELL CONSTRUCTION CO. GRAVE
DIGGING;CRUSHED CONCRETE 514.21
MANGOLD
ENVIRON. TESTING OIL &
GREASE; TKN; TDS TESTS 267.00
MID-IOWA SALES CO.
ICE MELT
27.78
MIDLAND SCIENTIFIC, INC.
LAB CHEMICALS
242.66
MID AMERICAN ENERGY
ELECTRICITY
19,755.94
WALLY
MILLER, JR.
FEB. LEGAL SERVICE
1,820.00
MODERN HEATING & COOLING REPAIR
HEATER @ BEECH LIFT
804.53
MOTOR PARTS SALES
VEHICLE SUPPLIES
87.83
MUNICIPAL
PIPE TOOL CO. NOZZLES;
HOSE-SEWER JET
1,438.38
MURPHY
TRACTOR & EQUIP. BOLTS/NUTS
FOR CUTTING EDGE 31.56
NELSON
ELECTRIC
ELECTRICAL WORK
93.06
NORTHWEST COMMUNICATIONS APRIL
INTERNET SERVICE
41.90
NOVELTY
MACHINE & SUPPLY PRESSURE
GAUGE;FILTER ELEMENT 245.20
O'HALLORAN INTERNATIONAL WATER
PLUG FOR SWEEPER
17.02
OLD DOMINION BRUSH
4 SWEEPER BROOMS
702.58
PERKINS OFFICE SOLUTIONS OFFICE
SUPPLIES
248.02
ANNUAL COPIER MAINTENANC
300.00
PETTY
CASH
POSTAGE;EASTER BUNNY;NEWSPAPERS 123.57
PITNEY
BOWES GLOBAL FIN. POSTAGE
METER RENT-1/1-3/31
96.00
REINERT MACHINE SHOP
REPAIR; CUTTING/WELDING
161.95
RICCA
CHEMICAL CO.
LAB CHEMICALS
46.51
DAN ROLLISON
CELL PHONE-3/21/08-4/20/08 40.00
MARY JO RUPPERT
10 SYMANTEC ANTI-VIRUS
499.90
SANITARY SERVICES
MARCH GARBAGE PICKUP
16,717.65
SCHOON CONSTRUCTION CO.
SOIL VAC POST HOLES
125.00
HAUL LOADER TO SIOUX CITY
492.00
SNOW REMOVAL-2/27/08
155.00
SCHUMACHER ELEVATOR CO.
ELEVATOR MAINTENANCE
170.83
SIOUX SALES COMPANY
SHIRTS; SHOES; NOTEBOOK; BRASS 292.65
SIOUXLAND
DISTRICT HEALTH BACTERIA SAMPLES
78.00
STEVE'S
WINDOW SERVICE WINDOW
CLEANING
85.00
TITAN ACCESS ACCOUNT
CONNECTOR PIN FOR DRAG CHAIN
6.08
TREASURER, STATE OF IOWA MARCH
SALES TAX
5,145.58
UNITED PARCEL SERVICE
SHIPPING CHARGES
45.38
UNITED STATES CELLULAR
CELL PHONES-3/22/08-4/21/08
99.95
VALLEY BANK & TRUST
SAFETY DEPOSIT BOX RENT
12.00
VERIZON WIRELESS
CELL PHONES-3/21/08-4/20/08
68.23
VERMEER
SALES & SERVICE REPAIR
CHIPPER
35.88
WALDNER'S LAWN SERVICE
SNOW REMOVAL-NODES-MARCH
272.00
WESTERN IOWA TECH COMM.
FIRE SCHOOL-L. FREDRICHSEN
70.00
WIESE OIL & SUPPLY CO.
GAS; DIESEL; PROPANE; OIL
9,020.57
WINTHER
STAVE & CO.
BALANCE-2006/07 AUDIT
1,000.00
WILSON'S TV & APPLIANCE
NEW CELL PHONES; CHARGERS
79.85
Reviewed Library Board minutes
of March 5th.
Renewal of class “C” beer
permit – Kum & Go, E. Main.
The council reviewed a quote
from O’Halloran International of $74,141 for the fire equipment truck chassis.
A letter from Holzhauer Motors thanked the fire department for the opportunity
to bid, but were unable to do
so as they would not be able to service the vehicle at their location because of
height restrictions. The
council agreed they want to keep the business in town.
A motion by Councilmember Stieneke, seconded
by Leach, authorized the purchase of the chassis from O’Halloran International
for $74,141, contingent on
reviewing the bid requirements. Motion
carried.
The council reviewed the
following bids for a new police vehicle. All
bids include a trade allowance for the
2005 Ford Explorer. Rasmussen Ford: 2008 Ford Explorer XLT, 4-wheel drive, V6-$13,850.
Holzhauer
Motors: 2008 Pontiac Torrent, all-wheel drive, 3.4L, V6-$15,027; 2008
GMC Envoy SLE, 4-wheel drive, 4.2L,
6 cylinder-$16,79; 2008 Dodge Nitro SXT, 4-wheel drive, 3.7L, V6-$12,459; 2008
Dodge Durango XST,
4-wheel drive, 4.7L, V8, flex fuel-$14,815; 2008 Jeep Grand Cherokee Laredo,
4-wheel drive, 3.7L,
V6-$15,926. When preparing his
budget, Chief Schuck gets an estimated cost to trade from a local dealer
and adds a little for inflation. The
2008-09 includes $12,500 for this vehicle.
The only vehicle to come in
under budget is the Dodge Nitro. Chief
Schuck doesn’t know whether the vehicle cages will transfer from
the Explorer. If not, they are
looking at approximately $1,500 for a new cage.
He said they might have to
keep the ’05 Explorer another year. He will look at the Dodge Nitro in the next few days and
report back
to the council.
A motion by Councilmember Peck,
seconded by Mallory, unanimously appointed Diane Cargin as Deputy
Clerk-Treasurer.
The council was asked whether
they wanted the Planning & Zoning Commission to begin review of the
comprehensive plan process. SIMPCO
indicated that the process normally begins with the P & Z and that
SIMPCO would be willing to help in the process.
The council suggested having P & Z review the current plan
and any examples that are available before asking SIMPCO to become involved.
The council will also be
given copies of the current plan for review.
Councilmember Stieneke asked the
council whether he should continue working on a safety manual for
employees. Although he feels this
would be a City Manager’s job, he doesn’t feel they should put it off, as
there is some training that isn’t being done.
Councilmember Burkhart asked whether each department head
could do their own training within their department and questioned whether the
council should be involved
in that. Councilmember Leach feels
it is the City’s responsibility to provide a safety manual and it should be
up to the department heads to train their employees.
Stieneke suggested having one class for all employees
for Hepatitis B and possibly CPR. Chief
Schuck indicated that they are able to get some of their training
donated. Stieneke will continue to
work with the safety committee on drafting a safety manual, which would
then be reviewed by the City Attorney.
The council reviewed the following reports:
1. March Clerk-Treasurer’s report and receipts as follows: General-$46,076.91; Police
Forfeiture-$312.31; County Library-$3,010.88; Road Use-$49,115.09; Employee Benefits-
$18,103.73; Emergency-$943.26; Local Option Sales Tax-$35,253.70; Hotel/Motel Tax-$
$19,044.66; T.I.F.-$2,686.24; Revolving Loan-$552.63; Library Memorial-$3,268.71; Park
& Rec. Capital Impr.-$148.48; Debt Service-$11,774.78; Road Use Equipment-$51.94;
Cherokee Signs-$60; Cherokee Housing Grant-$31.36; Aquatic Center/Gillette Park-
$94,355.43; Oak Hill Perpetual Care-$557.01; Water Utility-City-$57,324.42; Water Utility-
Industrial-$4,481.42; Water Bd./Int.-$17,248.95; Water Improvement-$5,227.07; Water
Reserve-$439.66; Water Tower Maintenance-$217.15; Water System Maintenance-$9,269.28;
Sewer Utility-City-$81,595.92; Sewer Utility-Industrial-$22,296.59; Sewer Bd./Int.-
$32,792.75; Sewer Improvement-$5,653.50; Aviation Authority-$3,875.79; Solid Waste-
$17,652.42; Landfill-$11,781.36; Storm Water Utility-$7,127.96; Self Insurance-$229.04.
2. March General Fund revenue/expense report.
3. March Police reports.
4. Building permit report.
Mayor Henrich reported on the
status of the Main Street banners. A
local sign company made the current 53 banners
about 5 years ago and they were funded through a $100 advertising fee charged to
businesses. Two years later,
the advertisement could be renewed for $50.
In addition to covering the cost of the banners, the advertising fees
were also used to purchase a garbage receptacle placed in front of the Copper
Cup and $4,000 was donated
to the Chamber of Commerce for Christmas decorations along Hwy. 59.
There is currently $3,946 is the account.
Mayor Henrich said that he, his wife Donna, and Jim and Kurt Clabaugh
have been putting up and taking down
the banners, including holiday banners, during this 5-year period.
They no longer want this responsibility.
He also
said that new banners would probably need to be designed and purchased before
they are put up again next year.
Councilmember Burkhart suggesting asking various service organizations to
volunteer to hang the banners.
On a motion by Councilmember
Stieneke, seconded by Burkhart, the council went into closed session at 8:37
p.m.
to discuss possible litigation and labor negotiations as per Iowa Code Chapters
21.5(c) and 20.17(3). Roll call
was:
AYES: Stieneke, Leach, Peck, Burkhart, Mallory.
NAYS: None.
On a motion by Councilmember
Stieneke, seconded by Burkhart, the council returned to regular session at
8:50 p.m. Roll call was:
AYES: Stieneke, Leach, Peck, Burkhart, Mallory.
NAYS:None.
A motion by Councilmember
Burkhart, seconded by Stieneke, authorized the insurance company to attempt
to negotiate a settlement as discussed in closed session.
Motion carried.
A motion by Councilmember
Stieneke, seconded by Leach, authorized the City Attorney to continue to
negotiate
in good faith with both bargaining groups. Motion carried.
On a motion by Councilmember
Stieneke, seconded by Leach, the meeting adjourned at 8:51 p.m.
Motion carried.
News media – Paul Struck, Chronicle Times.
ATTEST:
Debra Taylor, CMC
City Clerk-Treasurer