Regular City Council Meeting
City Hall, Cherokee, Iowa
June 26, 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, City Attorney Miller, Clerk-Treasurer Taylor.
Mayor Henrich added item #6.10
to the agenda – authorize street closing July 19th for Crazy Days.
Marty Zauhar, 313 Poplar,
requested that the city remove two dead trees along Sequoia Drive.
One is leaning
into the street and he feels it is a safety issue.
Mike Moller, 925 W. Cherry,
spoke to the council regarding the dust created by the large amount of traffic
using the alley. Jim Agnitsch,
Street Supt., told him that he could contract with a couple firms that offer
dust
control. Mr. Miller asked if it was
his responsibility to maintain the city alley and asked whether the city could
apply and pay for the dust control. He
asked the council what his options were. The
Mayor said they would
get back to him on options.
Regarding a question from the
last meeting about the responsibility of abandon service lines, City Attorney
Miller reported that the City Code states “all costs and expenses incident to
the installation, connection and
maintenance of the water service pipe from the main to the building, whether in
public right-of-way or not,
shall be borne by the property owner”. Even
if a water line was capped off at some point it is still the property
owner’s responsibility. Councilman
Leach asked whether there would be potential litigation, Wally said no,
not according to City Code. Councilman
Mallory indicated that the City Code also states that a “water service
pipe” means the pipe from the water main to the building served.
He doesn’t feel that the abandon service line
addressed at the last meeting would be considered a water service pipe, as it no
longer served the building.
In the Doherty Addition, the water is stubbed in behind the curb so
someone purchasing two lots for one house
would be told at the time of the sale that they are responsible for an
additional service if it should ever develop
a leak. On a motion by Councilman Stieneke, seconded by Leach, the
council agreed to leave the City Code
as is making the owner responsible for all service lines on their property.
Roll call was:
AYES: Stieneke, Leach, Peck, Varce
NAYS: Mallory
The council was asked to
consider if there would be a maximum number of lots allowed for the construction
of
one house in the Doherty Addition. After
brief discussion, M/S/P Varce, Leach, the council established a maximum
of two lots for one house. No half
lots would be sold, except for the existing half lots.
Joan Johnson, 863 Amber, had
requested the purchase of a half lot north of her property.
M/S/P Peck, Leach,
authorized selling Mrs. Johnson a full lot.
At the last meeting, Phil Tharp,
940 Amber, had requested the purchase of a half lot or full lot adjoining his
property
to the north possibly to construct a garage. M/S/P Stieneke, Leach, the council authorized selling a full
lot to Mr. Tharp.
Mick Samsel was present and
offered examples for the north water tower.
He indicated that the Chamber of
Commerce Promotions team has recently spent many hours and several thousand
dollars on a slogan “Cherokee,
Your Place to Be”. He feels it is
perfect timing and that the slogan should appear on the water tower. He had
several color schemes on a white tower. Councilman
Peck also passed around some examples he had gotten
from Holton Custom Signs showing a white tower with color variations for
“Cherokee” including black with gold
edging for school colors. Councilman
Stieneke said he had received several calls suggesting the black letters
with gold outline, black and gold bands, and alternating black and gold vertical
ribs. Councilman Varce also had
comments about including school colors. He
feels a white tower, with the accent lights, really makes the tower
stand out and would like to use the slogan as presented by Mick Samsel. M/S/P Varce, Peck, authorized painting
the tower white. They asked the
clerk to get price quotes from Utility Services Co. using the slogan with
several
color options compared to all black lettering.
Jim Agnitsch reported that he has talked with John
Chalstrom and Dave Moore from the school regarding the
drainage issue behind the 800 block of W. Bluff.
They have verbally agreed to allow the storm sewer pipe to
run on school property. Jim would
like written permission from the school as well as from the property owners
affected. M/S/P Stieneke, Leach, authorized the Street Department to
install a storm sewer pipe behind the
800 block of W. Bluff upon receiving written permission from the affected
parties.
The council was asked to
consider eliminating the red roofs on the Hill Street and M.H.I. water towers.
Mark Napier,
Water Supt., indicated that the M.H.I. tower was painted about three years ago
and the red is fading pretty quickly.
The Hill Street tower is scheduled to be painted next year.
When asked whether the color could be changed on
these towers, Mark indicated that if they are painted any color but silver, they
will have to be sandblasted. A
motion
was made by Councilman Stieneke to paint both towers silver and eliminate the
red roof. The motion died for lack
of a second. This matter will be
brought up next year prior to scheduling the towers for painting.
At the last meeting, the council
was asked whether they want to amend the definition of swimming pools to include
the temporary pools that are becoming more popular.
Councilman Stieneke talked with three insurance agents in
the county and all said that any pool other than a wading pool would require a
6’ fence with a locking gate and they
wouldn’t be allowed in the front yard. Councilman
Leach asked whether this would be a city liability or just a liability
to the resident. City Attorney
Miller will research the issue.
Mayor Henrich reported that the
search committee for a City Manager asked what their next step should be.
Does
the council want them to begin advertising for the position?
A motion by Councilman Leach, seconded by Varce,
authorized the search committee to advertise for the position, review the
applicants, and bring the top 4 candidates to the council for their review.
Roll call was:
AYES: Leach, Peck, Varce, Stieneke
NAYS: Mallory
M/S/P Varce, Stieneke, approved the third presentation of
Ordinance No. 524, regarding compliance with the
State Plumbing Code in the installation of
any water service pipe and connection to the water system and
ordered its publication.
M/S/P Peck, Leach, the council
adopted Resolution No. 07-15, re-encumbering 2005-06 appropriations and
encumbering 2006-07 appropriations for various projects.
City council minutes of June 12th.
Bills totaling $1,458.03.
ALPHA WIRELESS
REPAIR CAR RADIO
64.55
CENTRAL INSURANCE AGENCY LIQUOR
LIAB.-STREET DANCE
150.00
CHEROKEE COUNTY SHERIFF
CITY SHARE L.E.C.-MAY-JUNE
205.98
DAVE'S PAINTING
STRIPE KIT ON NEW EXPLORER
175.00
SIOUX SALES COMPANY
PRACTICE & DUTY AMMO
722.50
VALLEY VETERINARY CENTER
BOARD 2 STRAY DOGS
140.00
Renewal of class “C” liquor
license – Archie Bunkers Place; class “B” beer permit – Pizza Hut; class
“C” beer
permit – Hy-Vee Gas.
Change order #1 for the Gillette
Park Recreation Trail project, a decrease of $1,104.60.
John Cook thanked the Mayor and
council for their attendance at the Bacon Aquatic Center grand opening.
He said
they served about 900 people. John
reported that the first 4 days of operation the attendance has averaged 300-400
per day and there have been 198 season passes sold.
This compares to 160 season passes sold during the last full
season of the old pool. He said the
assistant managers are doing a great job and the staff is working well.
There
should be a reduction in the number of staff needed in certain areas over the
next few weeks. Fire hose has been
purchased to keep the sod watered, which is more efficient that garden hoses;
the wrong high board was installed
and the correct one should be here this week and glitches are being worked out
in the Colorado Timing System.
John indicated that there would be an area on the outside wall near the main
entrance for the names of donors of
$1,500 and up. It will be completed
by the end of summer. The last of
the concrete for the shelter and performance
area has been poured, but they plan to wait for cooler weather to place sod in
this area. The playground equipment
should be here by mid-July and the crushed rock trail to 9th Street
would be in place soon. Because of
its proximity
to the school, Councilman Varce asked the council to consider making Gillette
Park a tobacco free area. This will
be put on the next agenda.
The council reviewed two bids
received and opened earlier on this date for the E. Main Street water line
project:
Lundell Construction-$79,530; Schoon Construction-$79,940.
The engineer’s estimate was $76,500.
John Devitt
indicated that contracts would be ready for council approval and signatures at
the next meeting. The project could
start within 30 days and will take approximately 60 days to complete.
M/S/P Leach, Varce, accepted the low bid of
$79,530 from Lundell Construction.
Jayla Graybill, 104 E. Cherry,
was present to ask the council not to allow dust control applications in her
alley. She
can only access her property from the alley so she has to drive through the
material. Her children also ride
bikes
through it and track it in the house. Her
neighbor pays to apply the dust control (6 times per summer) behind his
property, but he doesn’t have to drive through it.
He has been doing this for 5 years, but Mrs. Graybill said she
doesn’t want to put up with it any longer.
It isn’t toxic, but it is hard on her car and her children’s clothes. She feels
her neighbor should have to come to the council for permission to apply dust
control. Jim Agnitsch, Street
Supt.,
said that residents have been applying dust control for 20-25 years, with more
people doing alleys than in the past.
He said it smells for a few days and is messy.
Once it is applied, he can’t grade or apply gravel and causes pot
holes.
Jim doesn’t like it for that reason.
The council asked the Clerk to check with other cities to see whether
they allow
dust control.
On the request of a citizen who
feels a stop or yield sign is needed at Walnut and Bluff, Police Chief Schuck,
Jim
Agnitsch and Steve Essick of the Street Department looked at the intersection of
West Bluff and Walnut at the top
of the hill and also at the bottom of the hill near the community center.
The intersection at the top of the hill already
has a yield sign for westbound traffic on Walnut and a stop sign for eastbound
traffic on Walnut. They don’t
feel there
would be any benefit to putting signs at the intersection at the bottom of the
hill. This would be considered an
uncontrolled intersection and drivers need to yield the right of way.
There has only been one accident reported to the Police
Department since 2000. M/S/P
Stieneke, Peck, authorized making no changes to the intersections.
Jim Agnitsch, Street Supt., was
present to request spending about $5,000 to crack seal various streets.
Streets
included would be portions of N. Roosevelt, W. Cedar, Walnut, Spruce, Iowa,
Indian, and the E. Main parking lot.
The firm he would use is from Sioux Center and the work would be done
this fall. M/S/P Stieneke, Peck, authorized
Jim to proceed with the crack sealing.
John Devitt, Kuehl & Payer,
and Jim Agnitsch, Street Supt., were present to review plans for the Ament Storm
Sewer
Project. In doing the survey, John
reported that the streets have moved so it is hard to find a place to match the
concrete. He has scaled back the
storm sewer portion of the project, but has had to increase the concrete patch
needed to cover whole intersections in order to match the streets.
The estimated cost of the project is $265,000,
with $120,000 of that for street work. John would like to advertise before July 20 with a bid
letting on August 9.
M/S/P Leach, Varce, authorized going to bid on the project with an August 9 bid
letting.
Councilman Stieneke has received
several calls regarding recreation fires that burn all night and that all kinds
of things
are being used a fire pits. Councilman
Varce has also received calls about fire rings that were too close to a
neighboring garage. Councilman
Leach said that if someone has a problem they need to contact the Police
Department who will then determine whether they are in violation.
On the recommendation from the
Library Board, M/S/P Varce, Stieneke, appointed Dr. John Chalstrom to fill the
vacancy left by the resignation of Dwayne Rupp who resigned due to a conflict
with his work schedule.
M/S/P Varce, Stieneke, the
council approved the Statement of Completion and Final Acceptance of Work for
the
Gillette Park Recreation Trail Project.
M/S/P Peck, Stieneke, authorized
closing the first block of E. Main on July 19 for the Crazy Days breakfast.
M/S/P Stieneke, Leach, the
council went into closed session at 8:30 p.m. to discuss possible litigation as
per Iowa
Code Chapter 21.5(c).
M/S/P Varce, Leach, the council
returned to regular session at 8:37 p.m.
M/S/P Varce, Leach, authorized
the Mayor to contact the city’s insurance adjuster to pursue settlement of a
claim as discussed in closed session.
M/S/P Peck, Varce, the meeting
was adjourned at 8:38 p.m.
News media – Ken Ross, Chronicle Times.
ATTEST:
Debra Taylor, CMC
City Clerk-Treasurer