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                                                                    Council Workshop
                                      City Hall, Cherokee, Iowa
                                     July 28, 2009 – 6:00 P.M.

 

A council workshop 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.  Paul Struck was present from
the Chronicle Times.

Administrator Eikmeier reported that with the fire department’s recent acquisition of a new tanker truck purchased with
grant funds, there was some question as to why the City didn’t purchase the tanker.  He noted that the truck belonged
to the Rural Fire District and they offered it for sale.  Jim Agnitsch, Street Supt., explained that although they could have
used the truck it was priced higher than they wanted to spend.  The truck sold for $12,000.  It had a stainless steel tank,
which added to the cost, but it was too much money for what they would use the truck for.  Steve Casey, Wastewater Supt.,
said he would have use for a tanker, but wasn’t sure the fire department’s truck had enough pump pressure to do him any
good.  Jim suggested modifying their 1982 Chev. dump truck by extending the frame and adding a tank and centrifugal pump
for about $4,500.  A diaphragm pump may be needed to meet Steve’s needs, which would add about $2,000 to the cost. 
Council Member Mallory, who had asked the question, was disappointed the council didn’t previously discuss this, but he
completely accepts the decision.  Council Member Peck said he had talked briefly with Jim Agnitsch about the truck and
they were waiting to see what the fire department was going to do with it, but they never heard back.  Administrator
Eikmeier indicated that the fire department offered the truck to the city on a payment schedule, but the price was still
too high.  Jim and Steve will work together on modifying the dump truck.

There is some concern with council members not being able to see each other with the present seating arrangement. 
Administrator Eikmeier suggested disassembling the current table and using several tables from the community center to
create a “U” shaped arrangement.  This would be a no cost way to experiment with the seating.  The Administrator will
proceed with this arrangement.

Council Member Mallory questioned how votes on council issues are handled and whether roll call votes should be used.  City
Attorney Miller stated that according to State Code and City Code, the council determines the rules.  State Code indicates that
the only motion that must be done by roll call vote is to go into closed session. 

In reference to a recent special meeting held to discuss water and sewer to a subdivision, Council Member Mallory questioned
whether the City should charge for special meetings.  As this meeting was held to accommodate the parties’ vacation, and not
for the council’s sake, maybe the cost should be passed on to the person requesting the meeting.  Mayor Pierce indicated that
special meetings should be held on the consensus of the council and therefore they have the choice as to whether or not to
allow a special meeting. 

Jim Agnitsch reported that they have started a vehicle maintenance program for all departments.  Although each department
will continue to change oil in their vehicles, Street Dept. employee Chris Horton, who is a certified mechanic, will check any
other issues.  The vehicles will be maintained as Chris’ schedule allows.  Administrator Eikmeier also reported that the Sewer
Dept. would be short one truck, as one of theirs is not worth repairing.  They will most likely use the truck recently purchased
by the Water Dept. until they can budget for a replacement next year.   

A motion by Mallory, seconded by Burkhart, adjourned the workshop at 6:45 p.m.  Motion carried.

 

                                            Regular City Council Meeting

Mayor Pierce opened the regular city council meeting at 7:00 p.m.  Present:  Council Members Peck, Leach, Mallory, Burkhart,
Stieneke, Administrator Eikmeier, Clerk-Treasurer Taylor.  Paul Struck was present from the Chronicle Times.

Marvin Wampler, 926 Birch St., reported that he received a nuisance abatement notice from the Police Dept.  Mayor Pierce
read the notice, served on July 24th, which states that Mr. Wampler must remove several vehicles, a tractor, building materials,
and misc. items.  Mr. Wampler said that these items need to remain in place, as it is his constitutional right to have them on
his private property.  He isn’t sure if the vehicles are currently licensed, but he has title to all of them and they do have value. 
Other items are being stored for the completion of projects.  The Administrator stated that the City Code doesn’t allow outdoor
storage of vehicles and items in residential districts.  The Police Dept. is following the City Code.  Mr. Wampler doesn’t blame
the police.  He knows he is of an age where he needs to get rid of stuff.  He wants to give some of the items away, but the
people won’t come get them.  Mayor Pierce suggested that Mr. Wampler come in to City Hall and talk with the Administrator
about this issue.

At 7:07 p.m., Mayor Pierce opened the public hearing on the request to rezone Lot 7, Block 1, Doherty Addition from R-1, single
and two-family residential district to R-2, multiple family residential district.  Lisa Langlitz, Central Point Coordinator for
Cherokee County, handles mental health funding for the county.  She said they started several months ago to find housing for
another group home in Cherokee to allow residents currently outside Cherokee Co. to come back to their community.  After
looking at several existing houses, they found the cost of renovation to be quite high.  They are requesting the rezoning to allow
for the construction of a new group home.  The Administrator reported that the Planning & Zoning Commission recommends the rezoning.  As there were no further comments, the Mayor closed the hearing at 7:09 p.m. 

A motion by Stieneke, seconded by Burkhart, approved the first presentation of an ordinance rezoning Lot 7, Block 1, Doherty
Addition from R-1, single and two-family residential district to R-2, multiple family residential district.  Roll call was: 
AYES:  All.  NAYS:  None.

Mayor Pierce opened a public hearing at 7:14 p.m. on a request to rezone Lots 10 & 11, Block 27, Blair’s Addition (324 W. Beech)
from M-1, light industrial district to C-1, commercial district.  Administrator Eikmeier explained that property owner Mike Morrow requested the rezoning to allow him to locate an additional garage on the site without having to abide by the setback requirements
of M-1.  He is not proposing to change the use of the site, but wanted additional storage.  Because he does not operate a
storefront from the site or have regular hours for his business, the Planning & Zoning Commission recommended that this
request be denied.  As there were no further comments, the hearing was closed at 7:15 p.m.

 On a motion by Peck, seconded by Leach, the council concurred with the Planning & Zoning Commission and unanimously
denied the request for rezoning the property at 324 W. Beech. 

A motion by Peck, seconded by Mallory, adopted Resolution No. 09-17, approving the 2008-09 Road Use Report.  Motion carried.

On a motion by Burkhart, seconded by Leach, the council unanimously approved the following under “Consent Business”.

City council minutes of July 14th and July 21st.

Application for tax abatement at 1020 N. Roosevelt.

New class “B” native wine permit – Jane’s Salon.

A motion by Mallory, seconded by Peck, approved the annual tool lease with Duane Mummert for $1,000/yr. for 2009-10.  Roll
call was:  AYES: Mallory, Burkhart, Peck, Leach.  NAYS:  Stieneke.

Mayor Pierce recognized the donors of labor and materials for the 4 new “Cherokee” signs that have been constructed at the
entrances to the City.  Certificates of recognition were presented to Mummert Construction, Mongan Painting Co., and Harman
Masonry, who were in attendance.  She also recognized Holton Signs and Menke Construction who could not be present.  The
Mayor and Council are very appreciative of the donations. 

Administrator Eikmeier reported that appointments are being scheduled with residents of the Ament Addition for Lundell
Construction and city crews to televise sanitary sewer lines to be sure there are no illegal sump pump or tile connections. 

The Erlandson Foundation has asked to meet with city staff and architects to explore plans for improvements to the interior
of the Community Center.  This is in the discussion phase only and the Foundation will pay the architect fees.

Mayor Pierce reported that of the 200 farmers markets in the state of Iowa, Cherokee was chosen to be promoted by the
State in recognition of Farmers Market Day on August 6, 2009.  The Mayor presented a proclamation to the organizers of the
Cherokee Farmers Market.

The council was reminded of a joint meeting with Planning & Zoning and the Board of Adjustment on Tuesday, August 4th
at 5:00 p.m.

On a motion by Leach, seconded by Burkhart, the meeting was adjourned at 7:25 p.m.  Motion carried.

                                                                                               

Pam Pierce – Mayor

ATTEST:


Debra Taylor, CMC
City Clerk-Treasurer