Regular City Council Meeting
City Hall, Cherokee, Iowa
July 14, 2009 – 7:00 P.M.
A regular meeting was called to order on this date by
Mayor Pierce. Present: Council Members Peck, Leach, Mallory,
Burkhart, Stieneke, Administrator Eikmeier, City Attorney Miller,
Clerk-Treasurer Taylor.
Mayor Pierce asked Council Member Leach to read the following statement:
As a result of a recent meeting
it has become necessary to reiterate the organizational structure of the City of
Cherokee and
the roles and responsibilities of elected and appointed officials of the City.
The formal authority of the Mayor, City Council
and City Manager is set forth in City Code in accordance with the Code of
Iowa. In summary, the City Council is the policy
making body. Council adopts law, appropriates revenues, oversees administration
and provides community leadership. The
Mayor is the presiding officer of the city council and the chief executive
officer of the city. The City Council has delegated
to the City Manager the responsibility for the administration of the municipal
affairs in accordance with the laws and policies
adopted by the City Council. Applicable city codes setting forth these
responsibilities are available for public inspection at
the City Clerk’s office and on the City’s web site at:
www.cherokeeiowa.net. The Chain of
Command of the city is the
order in which duties and responsibilities within an organization are
delegated. It specifies who reports to whom in the
organization. The chain of command for the City of Cherokee is set forth in the
aforementioned city codes defining the
duties and responsibilities of the Mayor, City Council and Manager. Additional
city codes not referenced herein further
define responsibilities of Department Heads, Boards and Commissions of the
City. An individual council member only has
power when the council gathers together as a group in public council meetings.
An individual council member has no authority
to issue orders to any city employee. Council members’ means of addressing
concerns with the day-to-day affairs of the City
shall be through the City Manager. If at all possible all requests for
information or action of the City shall be made in writing.
If a concern is not satisfactorily resolved within a reasonable time, the City
Council member may request that the matter be
placed on an upcoming City Council agenda for discussion. City Council members
are encouraged to become familiar with the
City’s departments and employees. Seeking information regarding city department
affairs from the Department Head is encouraged.
However the directing, ordering, criticizing or challenging a Department Head or
Department employee by a City Council member
is not in compliance with City Code. Any and all concerns of this nature must
comply with the chain of command and be addressed
through the City Manager. On July 8, 2008 the Cherokee City Council adopted a
Code of Ethics and Code of Conduct for
members of the City Council to assure public confidence in the integrity of
local government and its effective and fair operation.
The Code of Ethics is also available for public inspection at the City Clerk’s
office and on the city web site. These codes set forth
the standards, which all council members are expected to conduct themselves
regarding all city affairs.
At 7:03 p.m., Mayor Pierce
opened a public hearing on proposed amendments to sections of the Zoning Code
pertaining to patios
and decks and to rear and side yard setbacks. Administrator Eikmeier explained
that the patio and deck amendment is a
clarification regarding setbacks; and, the rear and side yard amendment for
accessory structures in residential neighborhoods
reduces the requirements from current code. There were no oral comments. The
City Clerk received a written comment from
Ronald Honsbruch, 624 Sherman Ave., asking the council to make it easier, not
harder, to replace existing structures. Mayor
Pierce closed the hearing at 7:05 p.m.
A motion by Burkhart, seconded by Peck, approved the
second presentation of an ordinance amending provisions pertaining to
patios and decks. Roll call was: AYES: All. NAYS: None.
On a motion by Burkhart,
seconded by Peck, the council waived the third presentation of Ordinance No.
544, amending provisions
pertaining to patios and decks, and ordered its publication. Roll call was:
AYES: All. NAYS: None.
On a motion by Stieneke,
seconded by Burkhart, the council approved the second presentation of an
ordinance amending
provisions pertaining to minimum setback requirements. Roll call was: AYES:
All. NAYS: None.
A motion by Leach, seconded by
Burkhart, waived the third presentation of Ordinance No. 545, amending
provisions pertaining
to minimum setback requirements, and ordered its publication. Roll call was:
AYES: All. NAYS: None.
On a motion by Peck, seconded by Leach, unanimously approved the following under “Consent Business”.
City council minutes of June 23rd and July 7th.
Bills totaling $387,621.43.
CHEROKEE STATE BANK STOPPED PAYMENT CK.-KRATZ 68.69
OFFICE OF VEHICLE SERVICES 15 SALVAGE AUTO TITLES 150.00
MIDWEST FIRE EQUIP. FIRE TANKER-PUMPER APPAR. 116,772.00
GE MONEY BANK/AMAZON DVD'S 126.42
GREGG COMPUTER SERVICE OFFICE COMPUTERS 1,265.00
LAPTOP COMPUTER & SERVICE 839.00
CHEROKEE CO. CLERK/COURT FILE GARNISHMENT-M. SCHMIDT 25.00
CHEROKEE STATE BANK NSF CHECK - S. LEE 76.93
FARNER-BOCKEN COMPANY CONCESSIONS 352.80
INTERNAL REVENUE SERVICE FICA/MEDICARE-DAUM-DISABILITY 246.64
USPS POSTAGE FOR UTILITY BILL 276.18
MUNICIPAL SERVICE & SUPP. ELEC. PANEL FOR BOILER 3,790.73
WOODALL ELECTRIC INSTALL NEW ELEC. PANEL 518.00
DIANE CARGIN MILEAGE-CENSUS MTG.-STORM LAKE 27.50
STEVE CASEY MEALS; GAS-MTG. IN CLINTON 88.49
DEBRA TAYLOR MILEAGE-FLOODPLAIN MTG.-SPENCER 25.85
THREE RIVERS BENEFIT JULY ADMIN. FEE 396.00
CLAIMS THRU 7/2/09 450.51
DENNIS ELLIS CAMPING REFUND 155.00
CYSBA CONCESSIONS 86.25
CHEROKEE COUNTY FOOD SERVICE LICENSE-POOL 67.50
AHLERS & COONEY, P.C. '02 G.O. BOND REFINANCING 5,821.78
ALLIANT ENERGY NATURAL GAS 1,580.10
ALPHA WIRELESS SERVICE ON HAND-HELD RADIO 66.63
REPLACE DAMAGED SPEAKER 237.70
AL'S CORNER OIL CO. GAS 66.05
AMERICAN AQUATIC TESTING ANNUAL DMR-QA STUDY 200.00
ARAMARK UNIFORM SERVICES TOWELS; MATS 79.28
AUTOMATIC SYSTEMS CO. NEW CONTROLS FOR NON-POTABLE 1,598.00
BAKER & TAYLOR, INC. BOOKS & AUDIOS 826.64
B.W. FRONTIER MOTEL MOTEL-WASTEWATER MTG. 239.97
BLAINE'S WATER COND. SALT; SOFTNER RENT; WATER 137.80
BOMGAARS OPERATING/CLEANING SUPPLIES 519.57
BUGH WELDING REPAIR CABLE; MAKE BRACKETS 44.00
BUILDERS SHARP. & SERVICE MOWER PARTS/REPAIRS 480.70
CARROLL DISTRIBUTING EAR PLUGS; CLUTCH CENTRIFUGAL 165.92
CARUS CORPORATION CALCIQUEST 1,680.55
STEVE CASEY JUNE CELL PHONE 20.00
CENTRAL IOWA DIST., INC. TOWELS;URINAL BLOCS;GARB.BAGS 379.21
CHAMPION ELECTRIC, INC. WIRING FOR POWER @ MAIN/1ST 2,025.43
REPLACE WIRE VAULT-5TH/MAIN 75.97
REPAIR LIGHT POLE 306.35
REPLACE STARTER;CLEAN CONT. 521.62
C.A.E.D.C. 1ST QUARTER PAYMENT 5,250.00
CHEROKEE BUILDING CENTER LATEX SEALANT;PAINT;CONCRETE 136.19
CHEROKEE CO. SOLID WASTE JULY LANDFILL FEE 11,556.01
CHEROKEE CO. WORK SERVICE CLEAN 10 SHOP RAGS 1.30
CHEROKEE LUMBER, INC. PREMIX CONCRETE FOR SIGN 7.78
CHEROKEE REG. MED. CENTER CPR CLASS;LIFEGUARD CERTIF. 560.00
RESERVE OFFICE PHYSICALS 158.00
HEARING TESTS 66.00
RANDOM CDL DRUG TESTS 69.00
CHESTERMAN COMPANY POP; POOL & PARK CONCESSIONS 858.10
CHRONICLE TIMES MINUTES; ORDINANCES; NOTICES 439.26
THE COURT FOCUS JULY SUBSCRIPTION 13.00
CREATIVE SERVICES EVENT SIGN 30.00
DPC INDUSTRIES, INC. CHLORINE; POTASSIUM PERMAN. 761.25
DEMCO, INC. SUPPLIES 101.44
DENNY'S SERVICE NEW CENTRAL AIR; COIL 1,865.00
EDUCATION STATION, INC. SUMMER READING SUPPLIES 51.61
ELEVATOR SERVICE & REPAIR ELEVATOR SERVICE CONTRACT 140.00
FAMILY HANDYMAN SUBSCRIPTION 24.98
FAREWAY STORES, INC. PAPER SUPPLIES; CONCESSIONS 1,275.54
FARMER'S GRAIN & FEED CORN FOR BIRDS 18.00
FARNER-BOCKEN COMPANY CONCESSIONS 1,742.27
ED M. FELD EQUIP. CO. 2 SWITCH ASSEMBLIES 14.00
FIRST COOPERATIVE ASSOC. CLEANER FOR SPRAYER & TANK 20.00
FLEET SERVICES MOWER GAS 203.71
FOX ENGINEERING CONSTR. ADMIN.-UV PROJECT 2,885.50
FSH COMMUNICATIONS PARK PAY PHONE (2 MON.) 110.00
GCC ALLIANCE CONCRETE CONCRETE-MANHOLE ON 6TH 148.75
GRAVENISH SERVICE ROTATE TIRES ON '08 EXPL 18.50
REAR BRAKES '07 EXPLORER 150.94
SWITCH TIRES FROM '06 TO ‘07 100.00
GREGG COMPUTER SERVICE COMPUTER ROUTER & INSTALL 105.00
HILLYARD SUPPLIES 300.88
HINKHOUSE HEARING, LTD. HEARING TEST-RESERVE OFF 25.00
HOLZHAUER MOTORS, LTD. BULBS 12.99
ALIGNMENT ON '07 EXPLORER 39.88
LIGHT SOCKET; BULB-'03 GMC 20.53
STAN HOUSTON EQUIP. CO. EPOXY GLUE; TIPS FOR GLUE GUN 345.65
HY-VEE, INC. FIRST AID SUPPLIES 28.44
INGRAM BOOK COMPANY BOOKS 28.61
INNOVA DISC GOLF DISC GOLF BAGS; DISCS; TROPHY 287.14
I.I.M.C. ANNUAL DUES 125.00
IOWA COMM. ASSURANCE POOL REPLACE SOFTNER VALVE 157.15
IA CITY/COUNTY MGMT.ASSO. ANNUAL MEMBERSHIP 150.00
IOWA D.N.R. ANNUAL WATER SUPPLY FEES 764.57
IOWA LEAGUE OF CITIES ANNUAL DUES 1,821.00
IOWA ONE CALL MAY LOCATES 81.00
IOWA TELECOM PHONE SERVICE 954.51
JERRY'S TREE SERVICE REMOVE TREES 900.00
JANITOR'S CLOSET, LTD. TOWELS;TISSUE;HAND/BODY WASH 843.72
JEBRO, INC. OIL FOR DURA-PATCHER 1,383.00
JOHNSON PAINT & BODY REPAIR CHIPS ON SLIDES 132.50
K-MART #9222 CLEANING & 1ST AID SUPPLIES 236.42
L. G. EVERIST, INC. 19.67 T. QUARTZITE CHIPS 480.93
LUNDELL CONSTRUCTION CO. GLUE 2" JOINT AT POOL 27.50
MID AMERICAN ENERGY ELECTRIC SERVICE 17,539.49
WALLY MILLER, JR. JUNE LEGAL SERVICE 2,850.00
MODERN HEATING & COOLING CLEAN OUT WATER HEATER LINE 67.50
MONGAN PAINTING CO. BACKER ROD; TUBE OF FLEX 9.50
CAULK; PAINTING 709.00
MOTOR PARTS SALES VEHICLE SUPPLIES 111.10
NELSON'S LOCKSMITH SHOP NEW KNOB FOR PUMP HOUSE 139.95
NELSON ELECTRIC CASE OF 4' LIGHT BULBS 61.50
NORTHWEST CONCRETE CUTTING CUT 12" HOLE IN AERATION TANK 690.00
NORTHWEST COMMUNICATIONS JULY INTERNET SERVICE 39.95
NORTHWESTERN MASONRY QUICKWALL; CONCRETE MIX 43.41
SOFTBALL FIELD MARKER 336.00
OLD DUTCH FOODS, INC. CONCESSIONS 346.25
PERKINS OFFICE SOLUTIONS OFFICE SUPPLIES 315.93
PETTY CASH POSTAGE; OMAHA PAPERS 124.90
PLUNKETT'S PEST CONTROL SERVICE CONTRACT 362.70
POWERSPORTS, INC. PARTS FOR WEED SPRAYER 4.65
R COMM WIRELESS VERTEX BATTERY 93.00
RAPID AMERICAN PRESS NOTICE TO ABATE FORMS 189.50
RASMUSSEN'S CORP. SERVICE '06 EXPLORER 20.24
RHOADSIDE BLOOMING HOUSE '09 MEM. DAY FLOWERS;FLOWERS 6,500.06
ST. LUKES OCCUP. HEALTH RANDOM CDL DRUG TESTS 108.00
SANITARY SERVICES JUNE GARBAGE PICKUP 20,832.00
SCHOON CONSTRUCTION CO. BORE ELECTRIC DUCT-MAIN/1ST 1,500.00
PUSH UP CONCRETE PILE 597.50
SEPARATE WATER LINES-SUMNER 11,032.50
SHARE CORPORATION GLASS CLEANER 106.83
SCHUMACHER ELEVATOR CO. MAINT. CONTRACT-BEECH ELEV. 616.93
SHIELD TECHNOLOGY CORP. SHIELDWARE SOFTWARE 1,653.12
ANNUAL SOFTWARE SUPPORT 468.75
SIOUX SALES COMPANY FLASHLIGHT HOLDER 17.95
SIOUXLAND DISTRICT HEALTH BACTERIA SAMPLES 92.67
SPORT SUPPLY GROUP, INC. SOFTBALLS; LIFEGUARD WHISTLES 141.76
STATE LIBRARY OF IOWA EBSCO CONTRACT 186.07
STEVE'S WINDOW SERVICE WINDOW CLEANING 116.00
TEST AMERICA LABORATORIE COPPER; OIL/GREASE; TKN TESTS 727.34
TIRE SERVICE CENTER TUBE; TIRE REPAIRS 49.45
TOOL DEPOT REPAIR MAKITA HAMMER DRILL 209.90
TOP NOTCH REPAIR, LC INSTALL TUBE IN MOWER TIRE 31.99
TREASURER, STATE OF IOWA JUNE SALES TAX 7,570.21
USA TODAY SUBSCRIPTION 182.00
UNITED PARCEL SERVICE SHIPPING CHARGES 122.78
UNITED STATES CELLULAR CELL PHONES 99.15
USPS STAMPS 88.00
UPSTART SUMMER READING SUPPLIES 10.00
UTILITY SERVICE CO., INC. MILLION GAL. TOWER CONTRACT 123,020.82
VALLEY GLASS & FRAMING SAFETY GLASS FOR DOOR 235.00
VERIZON WIRELESS CELL PHONES 70.11
WELLS FARGO FINANCIAL COPY MACHINE LEASE 110.80
WIESE OIL & SUPPLY CO. GAS & DIESEL 5,433.64
WOODALL ELECTRIC REPAIR SUMP PUMP CORD-BEECH 170.50
20 AMP BREAKERS-POLE BLDG. 239.00
CONDUIT; PUSHBUTTON OPENER 168.10
PEG WURTH SUMMER READING SUPPLIES 45.33
DAVE ZELLE TENNIS CAMP INSTRUCTOR 311.00
Review Library Board minutes of June 3rd.
Review Planning & Zoning Commission minutes of July 6th.
Renewal of class “C” beer permit – Hy-Vee Gas.
Renewal of class “C” liquor license – Archie Bunkers Place.
Pay requests to Grundman-Hicks for wastewater ultraviolet project - #2 for $5,923.08 and #3 for $5,743.84.
Administrator Eikmeier reported
that several years ago the city collected donations from businesses for the
purchase of banners
for Main Street. As there has been no activity in this fund for 2 years, he is
recommending that the balance of $3,716.56 to turned
over to the Chamber of Commerce to place the banners under their control. A
motion by Stieneke, seconded by Peck, authorized
the transfer of these funds to the Chamber of Commerce. Motion carried.
The Administrator reported that
Gary and Carla Doherty, owners of South Highland Addition, are inquiring about
whether city
water and sewer could be made available to these 4 lots. In 2003, when the
platting was approved, the city allowed these lots
to be served by rural water and septic systems, as funds weren’t available at
the time to extend city services. He said from a
management perspective, he was surprised that the city approved the allowance of
rural water and septic systems, as he feels
everything in the city limits should be served by city utilities. According to
City Code, it is the developer’s responsibility to pay
the costs to connect to city services. Mr. Doherty feels the lots would be more
marketable with city services, and it would also
allow for 3-4 more lots to be developed in that area. Estimated costs to extend
the services 900’ are water-$16,000 and
sewer-$34,000. As the city has already set precedent in some cases extending
services to new subdivisions, it is up to the council
on how they wish to proceed with this request. As the city water and sewer
funds still don’t allow for this type of outlay, one
option would be to bond for the improvements and another option would be to add
a surcharge to each lot sold to recoup some
of the costs. Mr. Doherty feels a surcharge would be a detriment to the sale of
the lots. (The cost of a septic system is
approximately $8,000, which would be borne by the lot owner). Mr. Doherty
offered to pay the cost to extend the water line
if the city would extend the sewer line. He also reminded the council that he
has offered to donate the land needed to connect
Amber Drive in the Doherty Addition to Brady Drive in the South Highland
Addition, when the city is ready to do so. By
providing another access to the Doherty and Rock Island Additions, the Doherty
Addition lots might sell better. As the Doherty’s
have a prospective buyer of Lot 4, they would like a decision either way before
the end of July. The Administrator will look at
the costs and payment options and the council will meet in special session next
Tuesday to make a decision on this matter.
A motion by Stieneke, seconded
by Peck, awarded a contract to Blacktop Service Co. to seal coat the Spring Lake
Park road for
$7,725 and the Wescott Park road for $5,385. This is a budgeted item. Motion
carried.
As the purchase of a new replacement mower for the Park
Dept. is not a budgeted expense, one source of funding would be the
use of money set aside for the city share of a trail through Spring Lake Park.
Council Member Mallory is opposed to using that
money and would like to find another funding source. Administrator Eikmeier
said that is the most obvious place to get the
funding, but he will look further. A motion by Burkhart, seconded by Leach,
authorized the purchase of a Hustler mower from
Frederick Welding, Marcus, for $8,581.30. Roll call was: AYES: Burkhart,
Stieneke, Peck, Leach. NAYS: Mallory.
The council reviewed the following bids for the removal
of sludge from the industrial wastewater aeration tank in order to
clean the aeration pipe: Nutri-Ject Systems, Inc.-$32,090.10; Hydro-Klean,
Inc.-$32,396.25. Steve Casey, Wastewater Supt.,
reported that after reviewing the bids, they looked at the project again to see
if the city employees could somehow remove
the sludge. He said they have added water to the tank and have been able to
pump more of the sludge out. There are 4
more pipes they need to access in order to clean out the holes and are hoping
they are able to loosen up that area enough
to remove more sludge. As the bids are good for 30 days, he would like to
continue working on the project and report back
to the council on July 28. A motion by Stieneke, seconded by Peck, tabled this
matter until July 28. Motion carried.
The council reviewed a proposal from PSS, Inc. for a
citywide water system model at a cost of $8,000. This would provide
software and input of the city’s existing water system and allow for future
planning and prioritization of projects. This is a
budgeted item. A motion by Burkhart, seconded by Mallory, unanimously approved
a contract with PSS, Inc. for the water system model.
The council reviewed the following reports:
1. Administrator’s report. The council will hold a joint workshop with the Board of Adjustment
and Planning & Zoning Commission members on August 4th at 5:00 p.m. The resurfacing of
River Road from the bridge to the city limits started this week and should be complete by the
end of next week. Work has started on the community center floor refurbishing. The Sumner
St. water line separation is complete.
2. June Clerk-Treasurer’s report and receipts as follows: General-$125,573.26; Police
Forfeiture-$632.38; County Library-$3,201.48; Road Use-$38,117.93; Employee Benefits-
$9,358.91; Emergency-$396.95; Local Option Sales Tax-$38,763.60; Hotel/Motel Tax-
$10,681.13; T.I.F.-$1,074.34; Revolving Loan-$128.67; Library Memorial-$879.54; Park &
Rec. Capital Impr.-$14.41; Debt Service-$1,350,120.42; Road Use Equipment-$35,000.95;
Cherokee Signs-$40.00; Emergency Set-Aside-$26,730.61; Aquatic Center/Gillette Park-
$478,940.58; Community Center Project-$3.35; Fire Rescue Truck-$.39; Oak Hill Perpetual
Care-$242.65; Water Utility-City-$62,348.19; Water Utility-Industrial-$13,522.27; Water
Bd./Int.-$15,884.85; Water Improvement-$5,015.12; Water Reserve-$45.90; Water System
Maintenance-$9,371.98; Sewer Utility-City-$80,375.43; Sewer Utility-Industrial-$21,487.74;
Sewer Bd./Int.-$32,002.16; Sewer Improvement-$5,500; N.W. Sanitary Sewer-$64,000;
Spring Lake Sanitary Sewer-$10,000; Aviation Authority-$546.65; Solid Waste-$22,076.89;
Landfill-$47.636.71; Storm Water Utility-$7,001.98; Self Insurance-$24.46.
3. June General Fund revenue/expense report.
4. June Police reports.
5. June Department reports.
A motion by Burkhart, seconded by Leach, unanimously adjourned the meeting at 8:00 p.m.
News media – Paul Struck, Chronicle Times; Nikki
Thunder, KCHE.
Pam Pierce – Mayor
ATTEST:
Debra Taylor, CMC
City Clerk-Treasurer