Joint Meeting
City Hall, Cherokee, Iowa
City Council, Planning & Zoning Commission, Board of Adjustment
August 11, 2009 – 6:00 P.M.
Mayor Pro-tem
Leach called to order a joint meeting of the City Council, Planning & Zoning
Commission, and Board of Adjustment. Present:
Council Members Leach, Peck, Mallory, Burkhart, Stieneke, Administrator Eikmeier,
Clerk-Treasurer Taylor, Planning & Zoning Commission
Members Dan Morrow, Karen Peterson, and Board of Adjustment Members Gene
Streeter and Kurt Clabaugh. (Mayor Pierce arrived at 6:20 p.m.)
Discussion
centered around review of each bodies’ roles and responsibilities, review of
recent changes to side and rear yard requirements for garages
and accessory structures in residential neighborhoods, and review examples of
when a variance should be considered and when it should not.
Administrator Eikmeier passed out a condensed version of Iowa Law regarding
variances. The guidelines have established the following precedents,
which limit a Board of Adjustment’s authority: mere inconvenience to the
applicant and inability to put the property to its most profitable use is not
sufficient grounds to justify hardship; the hardship must be real, not just
perceived; if applicant has made improvements to the property in violation
of the zoning ordinance, the hardship was created by the applicant and a
variance cannot be granted; unreasonableness of a provision of the zoning
ordinance is not justification for a variance. Amendment of the zoning
ordinance is the correct means to remedy this issue. This way there won’t be
as many variances granted. The best example for any city is that they don’t
want to get into a situation where something could go to court or a city
could get sued. Kurt Clabaugh felt a joint meeting should have been held before
changes were made to the side and rear yard setbacks. Board of
Adjustment members feel that an accessory structure replaced on an existing
footprint should be allowed if there is a minimum of an 18” setback.
He asked that if you have to move a driveway or pour more concrete how is that
not an inconvenience? The Board also feels that variances that have
been granted have allowed people to upgrade their property. This discussion
will continue with the Board of Adjustment and the Planning and
Zoning Commission and a recommendation will be brought back to the council.
Regular City Council Meeting
The regular meeting of the City Council was called to order at 7:00 pm. All members were present.
Adam Benson, 812
Amber Dr., asked if rezoning requests were presented outside a council meeting.
He lives across the street from the lot being
rezoned and he wasn’t aware this change was being requested, as he doesn’t get
the newspaper. Mayor Pierce explained that the request goes
through the Planning & Zoning Commission who makes a recommendation to the City
Council. Notice of a public hearing is then required to be
published in the newspaper and the hearing was held at the July 28th
council meeting. Mr. Benson had heard that mental health patients would be
living in the proposed residence. Calvin Carver, Cherokee Co. Work Services,
was present and explained that the clients would be physically or
learning disabled and there would be 24-hour staff. They want to be able to
bring clients back to Cherokee County. There would be no CCUSO
patients. Mr. Benson asked if the rezoning would affect other properties.
Administrator Eikmeier said that property values would not be affected
and indicated that there are currently 6 similar single-family residences
throughout the community. On a motion by Burkhart, seconded by Leach,
the council approved the second 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.
A motion by
Stieneke, seconded by Peck, waived the third presentation of Ordinance No.
546, 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, and ordered its publication. Roll call was:
AYES: All. NAYS: None.
Administrator
Eikmeier presented proposed increases to building permit fees. The last time
they were adjusted was May 1999. As proposed, the
minimum permit fee would increase from $25 to $40 and at the top end of the
schedule on a value of $200,000 the fee would increase from $184.50
to $425. In surveying surrounding communities, the proposed fees fall about in
the middle. Revenues generated by the current fees fall just short of
covering the inspection costs. Increasing the fees would not allow for a
full-time inspector. The Administrator will bring back additional information
about how much revenue the new fees would generate and information regarding new
State regulations on electrical and plumbing inspections.
A motion by
Burkhart, seconded by Leach, unanimously approved the following under “Consent
Business”. In reference to a bill to Rhoadside Blooming
House for plantings for the downtown nodes, Stieneke said that it was paid by
donations and no tax dollars were used. Rhoadside also donated
$309.77 in plants toward the project.
City council minutes of July 28th.
Bills totaling $196,986.26.
EVAN & ALLIE FRIESEN BAL. OF DEPOSIT-335 E. WILLOW 66.24
CHEORKEE CO. RECORDER RECORD GAP RELEASE-C. MILLER 7.00
CHEROKEE AVIATION AUTH. JULY TAX 192.39
CHEROKEE STATE BANK NSF CHECK - E. NELSON 260.00
CHEROKEE CO. CLERK/COURT FILE GARNISHMENT-M. DIAZ 25.00
DOUBLEDAY LARGE PRINT BOOKS 89.43
GE MONEY BANK/AMAZON DVD'S 226.31
DAVE KINTIGH PARTIAL REFUND-VARIANCE 92.00
CHEROKEE STATE BANK NSF CHECK - C. NELSON 150.00
CHEROKEE FIRE DEPARTMENT VOL. ALLOWANCE-6/17/09-7 465.00
GE CAPITAL AUGUST SKIDLOADER PAYMEN 365.05
IOWA LAKES ELECTRIC COOP ELEC. - 6/1/09-6/30/09 43.13
MASTERCARD PASSPORT INK & PHOTO PAP 88.00
PITNEY BOWES POSTAGE BY POSTAGE FOR METER 500.00
CHEROKEE AREA ECONOMIC 4TH QTR. HOTEL/MOTEL TAX 620.42
LYNN LAUCK REFUND 2 PRIVATE SWIM LE 80.00
THREE RIVERS BENEFIT CLAIMS THRU 7/31/09 3,149.45
AUGUST ADMIN. FEE 384.00
USPS POSTAGE FOR UTILITY BILL 560.87
JIM AGNITSCH WORK BOOTS 75.00
ALLIANT ENERGY NATURAL GAS 1,592.62
ALPHA WIRELESS RADIO & INSTALL-NEW TANK 749.00
ARAMARK UNIFORM SERVICES SHOPS RAGS; MATS; TOWELS; MOPS 736.41
ARCHITECTURAL DIGEST SUBSCRIPTION 69.95
ASSOC.-RURAL/SMALL LIBR. CONFERENCE REGISTRATION 270.00
BARCO MUNICIPAL PRODUCTS SIGNS; BARRIER BOARDS; BROOMS 257.31
BEELINER SERVICE, INC. REPLACE SPRINKLER HEAD-N.11TH 58.05
BLACKTOP SERVICE CO. OIL/CHIP SEAL PARK ROADS 13,110.00
LEVEL COAT/SEAL-FRONTAGE RD. 14,801.40
BLAINE'S WATER CONDITION SOFTNER SALT; LAB WATER 217.58
BOMGAARS OPERATING SUPPLIES/EQUIPMENT 2,042.72
BRIDE'S SUBSCRIPTION 11.97
BROWN SUPPLY CO., INC. CHLORINATOR PARTS 731.20
BUGH WELDING BRACKETS-LIGHTS IN UV ROOM 76.50
BUILDERS SHARP. & SERVICE MOWER PARTS & REPAIRS 1,642.98
STIHL TRIMMER; STIHL EDGER 479.90
RENT ON MINI-X 250.00
NEW CHAIN SAW & CHAINS 698.00
CARUS CORPORATION CALCIQUEST 1,806.70
CERTIFIED TESTING SERVICE OVERLAY TESTING-RIVER RD. 2,655.75
CHAMPION ELECTRIC, INC. WIRING/REEL/INSTALL-NEW TRUCK 400.00
LIGHT FIXTURE REPAIR 63.00
CHEROKEE AUTO PARTS VEHICLE PARTS 142.90
CHEROKEE BOWL CHAMBER COFFEE SUPPLIES 150.00
CHEROKEE BUILDING CENTER PAINT & SUPPLIES; PLYWOOD 485.72
CHEROKEE CO. CLERK/COURT CITY CASE 60.00
CHEROKEE COUNTY ENGINEER 73.08 T. CRUSHED ASPHALT 730.80
CHEROKEE CO. SOLID WASTE AUGUST LANDFILL FEE 11,556.01
CHEROKEE CO. WORK SERVIC CLEAN SHOP RAGS 10.53
CHEROKEE LUMBER, INC. LUMBER FOR SIGNS;FORMS;SCREED 104.93
CHEROKEE REG. MED. CENTER HEPATITIS B IMMUNIZATION 163.00
CHESTERMAN COMPANY POP; WATER 603.65
CHRONICLE TIMES MINUTES; NOTICES; SUBSCRIPTION 638.33
CONTROL SYSTEM SPECIALIST MECHANICAL SYSTEM REPAIR 3,423.57
THE COURT FOCUS AUGUST SUBSCRIPTION 13.00
DPC INDUSTRIES, INC. CHLORINE; POTASSIUM PERMANG. 1,117.50
DOUBLEDAY LARGE PRINT BOOKS 137.13
ELECTRONIC ENGINEERING REPLACE 2 LED GRILL LIGHTS 271.76
REPAIR COMPUTER-'07 EXPLORER 73.85
ELEVATOR SERVICE & REPAIR ELEVATOR SERVICE CONTRACT 140.00
ENVIRON. RESOURCE ASSOC. QUARTERLY QC SAMPLES 237.26
FAREWAY STORES, INC. CONCESSIONS; TOWELS; TISSUE 499.47
FARNER-BOCKEN COMPANY CONCESSIONS 1,229.06
FASTENAL COMPANY AUTO FUSES; LIGHT BULBS 83.33
ED M. FELD EQUIP. CO. FIRE EXTINGUISHER SUPPLIES 263.50
HELMET REPAIR 58.25
PIKE POLE; HANDLE; MOUNT PLATE 266.77
FIRST COOPERATIVE ASSOC. WEED KILLER FOR LAGOONS 181.98
FLEET SERVICES MOWER GAS 98.78
FOX ENGINEERING PROJECT ADMIN.-UV PROJECT 1,437.75
LOREN FRIEDRICHSEN MOTEL-TRAINING @ IOWA ST 313.60
FREDERICK WELDING & SALE HUSTLER MOWER; FLEX FORK KIT 8,793.30
FSH COMMUNICATIONS PARK PAY PHONE 55.00
GALE BOOKS 144.20
GCC ALLIANCE CONCRETE CONCRETE-GRETA & RIVER RD. 2,102.75
GRUNDMAN-HICKS, L.L.C. DRILL 12" HOLE-AERATION TANK 500.00
GREGG COMPUTER SERVICE COMPUTER REPAIR 135.00
HACH CO. LAB SUPPLIES 586.55
HALLETT MATERIALS FILL SAND; GRAVEL; STONE 1,216.68
HARTFORD INSURANCE CO. FLOOD INSURANCE-BEECH LIFT 1,900.00
HIGMAN SAND & GRAVEL ROCK FOR FLOWER BED 69.48
HOLTON CUSTOM SIGNS SHUFFLE BOARD DECALS/INSTALL 1,178.95
TRUCK DECALS 30.00
CHRIS HORTON WORK BOOTS 75.00
HY-VEE, INC. CONCESSIONS; READING SUPPLIES 61.78
INNOVA DISC GOLF PORTABLE DISC CATCHER/GOALS 90.29
INDUSTRIAL COMM. SCALE REPAIR POLYPHOSPHATE SCALE 158.56
ICS HEALY-RUFF POWER SUPPLY TO RADIO 84.51
IOWA CODIFICATION, INC. CITY CODE UPDATES 565.00
IOWA D.N.R. STORM WATER PERMIT-DOHERTY 175.00
ANNUAL NPDES PERMIT FEE 1,275.00
IOWA INSURANCE DIVISION ANNUAL FILING FEE-CEMETERY 75.00
IOWA ONE CALL JUNE LOCATES 52.20
IOWA TELECOM PHONE SERVICE 936.41
JEBRO, INC. OIL FOR DURA PATCHER 549.00
K-MART #9222 OFFICE & 1ST AID SUPPLIES 68.93
KEYSTONE LABORATORIES NITRATE SAMPLE 13.80
KUEHL & PAYER, LTD. ENGINEER CERT. OF POOL DRAIN 280.00
L. G. EVERIST, INC. QUARTZITE CHIPS FOR PATCH 178.00
LAW ENFORCEMENT SYSTEMS IOWA UNIFORM CITATIONS 123.50
LAW ENFORCEMENT ASSOC. WORK ON BODY WIRE 120.00
LETSCHE BIKE/RADIO SHACK BATTERIES; SUPPLIES 50.96
LOVE TIRE (K. WENCK) JUNE/JULY INSPECTIONS 560.00
LUNDELL CONSTRUCTION CO. GRAVE DIGGING 1,140.00
WATER LEAK-340 E. CEDAR 892.17
CURB STOP REPAIR-621 W.WILLOW 981.63
WORK ON TYSON AERATION TANK 1,509.65
MID AMERICAN ENERGY ELECTRICITY 29,096.02
WALLY MILLER, JR. JULY LEGAL SERVICES 2,850.00
MODERN HEATING & COOLING REPAIR DRINKING WATER FAUCET 80.67
REPAIR OUTSIDE FAUCET 109.25
MOORE'S VACUUM SALES PART FOR VACUUM CLEANER 15.00
MOTOR PARTS SALES VEHICLE PARTS/SUPPLIES 308.07
DUANE MUMMERT ANNUAL TOOL LEASE-09/10 1,000.00
TOM MUMMERT & SON CONST. REPAIR BATHHOUSE ROOF 3,298.00
NELSON SEWING & CRAFTS SEW PATCHES ON SHIRTS 3.75
NELSON ELECTRIC ELEC. WORK-PARK RESTROOM 45.80
NORTH CENTRAL LABS LAB CHEMICALS; FILTER 163.96
NORTHWEST COMMUNICATIONS AUGUST INTERNET SERVICE 39.95
NOVELTY MACHINE & SUPPLY ADAPTORS 77.35
O'HALLORAN INTERNATIONAL VEHICLE PARTS/REPAIRS 875.24
PERKINS OFFICE SOLUTIONS OFFICE SUPPLIES 184.28
PETTY CASH POSTAGE; OMAHA SUNDAY PAPERS 147.88
POOL TECH MIDWEST, INC. 2ND HALF POOL CHEMICALS 3,306.78
POWERPLAN RT. REAR WINDOW FOR BACKHOE 209.75
POWERSPORTS, INC. REPAIR PORTABLE PUMP 25.95
PROFESSIONAL SURVEYING 10 BRIDGE INSPECTIONS 7,000.00
PRUETT LAWN & LANDSCAPING LANDSCAPE FABRIC; STAPLES 270.00
RAPID AMERICAN PRESS WATER RECEIPT FORMS 115.00
RASMUSSEN'S CORP. SERVICE '08 EXPLORER 22.48
REIMAN PUBLICATIONS SUBSCRIPTION (REMINISCE) 19.98
REINERT MACHINE SHOP MOWER REPAIRS 245.00
RHOADSIDE BLOOMING HOUSE PLANTS FOR MAIN ST. NODES 1,349.79
HANGING BASKETS AT POOL 90.00
LE ROY RUPP PAINT WINDOW TRIM @ C.C. 380.00
MARY JO RUPPERT FLIGHT TO ARSL CONFERENCE 408.39
SANITARY SERVICES JULY GARBAGE PICKUP 20,907.95
SCHOON CONSTRUCTION CO. REPLACE GUTTER LINE-GRETA 1,970.90
SHARE CORPORATION FRESH SCRUB 111.40
SIOUX SALES COMPANY SHOES/TROUSERS/SHIRTS 389.15
CLOTHING/EQUIPMENT-NEW RESERVE 354.40
SIOUXLAND DISTRICT HEALTH BACTERIA SAMPLES 91.00
SPAN PUBLISHING, INC. LAW ENFORCEMENT DIRECTORY 144.00
STEFFEN TRASH PUMP; HYD. HOSE 1,995.25
STEVE'S WINDOW SERVICE WINDOW CLEANING 90.00
TEST AMERICA LABORATORIES COPPER; TKN; OIL & GREASE 789.71
TIRE SERVICE CENTER TUBE; MOWER TIRE REPAIR 27.90
TOOLS PLUS INDUSTRIES 12" DIAMOND BLADE FOR SAW 99.99
TOTAL BACKFLOW & METER TEST/CERTIFY BACKFLOW DEVICES 555.00
TREASURER, STATE OF IOWA JULY SALES TAX 6,321.54
UNITED PARCEL SERVICE SHIPPING CHARGE 121.19
UNITED STATES CELLULAR CELL PHONES 101.27
UNIVERSAL, INC. 12 GAL. TAR REMOVER 474.32
VALLEY GLASS & FRAMING DOOR JAMB REPLACED 351.00
VERIZON WIRELESS CELL PHONES 70.03
VOGEL TRAFFIC SERVICES CENTER STRIPPING; EDGE LINES 1,840.00
WALDNER'S LAWN SERVICE JUNE/JULY LAWN CARE 227.00
JULY LAWN CARE 88.00
WELLS FARGO FIN. LEASE COPY MACHINE LEASE 110.80
WIESE OIL & SUPPLY CO. GAS & DIESEL 665.02
WILSON'S TV & APPLIANCE SMALL REFIGERATOR FOR SAMPLER 182.00
WOODALL ELECTRIC REPAIR STREET LIGHTS; BULBS 563.00
PEG WURTH SUPPLIES 43.88
ZEE MEDICAL SERVICE CO. 1ST AID SUPPLIES 49.44
Reviewed Library Board minutes of July 8th.
Pay request #4 to Grundman-Hicks for wastewater ultraviolet project for $15,429.50.
Angie Scott and Mike Fiedler,
704 Rock Island, were present to request an extension to a nuisance abatement
notice they
received August 5th. The notice was to remove a demo car, car parts,
tires in the back yard and misc. items. Ms. Scott
had photos showing that everything had been removed except for the demo car.
They are requesting an extension to
keep the demo car until Sept. 10, which would be after the Sheldon demo derby.
Mr. Fiedler explained that this is a hobby
he shares with his sons. Administrator Eikmeier indicated that Chief Schuck
could not attend, but has been working on this
issue all summer. He granted an extension in July because of the Cherokee demo
derby, and didn’t feel he could grant another extension. Inoperable, unlicensed
vehicles are not allowed to be stored outside. Council member Peck asked
whether the
car could be stored in the garage. Ms. Scott indicated that there wasn’t room.
Barney Martin, 705 Rock Island, lives across
the street and had photos showing the view of the Scott property from his front
door. He said that it has taken the Scott’s
seven months to clean up their property and the car has been in the back yard
for a year. The grinding, welding and paint
smell doesn’t allow them to open their windows. Council member Burkhart
appreciates that this is a hobby for the family,
but it does make it difficult for the neighbors. She doesn’t recommend another
extension. Mr. Martin said that one or
two months would be okay, but not seven. A motion by Mallory, seconded by
Burkhart, denied the request for an extension.
Roll call was: AYES: Mallory, Burkhart, Stieneke, Peck. ABSTAIN: Leach.
Administrator Eikmeier reported
that Mid American Energy is replacing an underground line on Lake Street
connecting on
the west side. He is recommending that the water main be replaced at the same
time. This would cut labor costs by $6-$8/hr.
A quote from Schoon Construction for $18,520 uses poly wrapped ductile iron
pipe. Because of the acid in the soil and part of
this area was the site of a former gas tank, the DNR will not allow the use of
PVC pipe. The ductile iron pipe triples the cost of materials. The project
will take about 10 days. A motion by Stieneke, seconded by Peck, accepted the
proposal from Schoon Construction and authorized proceeding with the project.
Motion carried.
Administrator Eikmeier reported
that because of the Tyson expansion, City Hall is receiving calls regarding
housing. People are
looking for rental property. Tyson has 100 new employees and
anticipates hiring 50-100 more by the end of the year. The City, Chamber
and CAEDC are working on a press release asking people with houses for sale to
consider using them as rentals.
Dan Morrow, Planning & Zoning member, suggested having someone inspect rental
properties. There are landlords who don’t take
care of their property, but still charge premium rent. The Administrator said
that as the city doesn’t have anyone to do the inspections, someone from SIMPCO
could be hired for that purpose. Dwight Varce, 605 W. Cedar, said he could
think of several
houses that have been empty for a long time, some with out of state owners. He
suggested locating the owners or heirs to see
why they are sitting empty and possibly rehab them for rentals. These
suggestions will be pursued.
Administrator Eikmeier said that the city would need to begin the condemnation process on a couple of houses and commercial buildings. City crews could probably demolish the houses, but the commercial buildings would have to be hired.
On a motion by Peck, seconded by Leach, the meeting was adjourned at 8:00 p.m. Motion carried.
News media – Paul Struck, Chronicle Times; Nikki Thunder, KCHE Radio.
Pam Pierce – Mayor
ATTEST:
Debra Taylor, CMC
City Clerk-Treasurer