Regular City Council Meeting
City Hall, Cherokee, Iowa
September 25, 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, Clerk-Treasurer Taylor.
Absent: City Attorney
Miller.
The council reviewed their walk-through of the community center held on
September 12.
Mayor Henrich reported that in talking with Duane Mummert and Deb Taylor
that the
improvements could possibly be done in stages allowing them to request quotes on
individual
projects rather than taking bids on the entire project.
The council could then decide on an
amount to bond for, and then do the improvements over a period of time.
Although Greg
Kooker is no longer with the firm Cannon, Moss, Brygger & Assoc., Rick Dean
will take over
the project. A majority of the
plans have been completed. Wayne
Morris was present with
concerns about installing an expensive, complicated sound and lighting system.
The average
person probably won’t be able to operate the system.
He said the current stage lights, put
in by the Community Theater, aren’t that old and are quite adequate.
Better lighting within
reason would be a better option. Wayne
is also concerned about the programmable light
controls on the wall – not everyone can operate them.
The council agreed with Wayne and
felt the stage lighting and sound system could be delayed at this time.
M/S/P Leach, Stieneke,
authorized proceeding with soliciting bids on the roof, heating/air
conditioning, and windows.
The council had
been asked to review the County’s safety manual as well as a sample manual
from the city’s worker’s compensation insurance carrier. Mike Halder was present to answer
questions from the council about the County’s manual.
He said they are in the process of
updating the manual, which will cover part-time employees as well as full-time.
The manual
will basically cover OSHA required items and safety. County department heads are in charge
of their own employees making sure they have the proper training on equipment
and safety
issues. Some of the training is
done as a group with all departments involved.
Mike said
that documentation and training are the main issues. The council and safety committee
will further review the county’s manual and bring back suggestions.
M/S/P Peck, Leach, approved the second presentation of an ordinance
establishing landscaping
and screening standards.
A motion was made by Councilman Stieneke to approve “Consent
Business”. The motion died for
lack of a second.
Councilman Mallory brought up the item under “Consent Business”
pertaining to the Board of
Adjustment’s decision on a variance request from Kevin Halder, 401 N.
Roosevelt. The Board
approved Mr. Halder’s variance request to move an existing 28’ x 32’ barn
to the east with a 2’
north side yard setback and to build a new 40’ x 26’ garage on the west side
of his property with
a 2’ north side yard setback and a 3’ west rear yard setback.
The approval also allowed for a
variance from the maximum 800 sq. ft. coverage of accessory buildings, as the
two buildings
will cover 1,936 sq. ft. Because
there were no concerns or comments expressed by any of the
neighbors, the Board approved the variance.
Councilman Mallory feels this approval is stretching
the limits of what a variance should cover.
The neighbor to the north will be looking at almost
70’ of garage. Will this affect his property value and quality of life?
Will drainage and ice from
the garages end up on the neighbor’s property?
He feels the Board of Adjustment should
reconsider this request. Mike and
Lori Zeiman, 411 N. Roosevelt, neighbors to the north, were
present. Mr. Zeiman feels that
their hands are tied, as they are friendly with the Halder’s.
He
said they didn’t attend the Board of Adjustment meeting or express their
concerns because they
were relying on the city’s ordinances to protect them.
He gets along with Kevin Halder and wants
to stay out of it, but is concerned about how it will look when completed.
He also feels this will
set a precedent and other citizens will be making similar requests. This wasn’t a request for one
variance, but several. Mr. Zeiman
realizes that some variances are necessary as he requested
and received a variance to build a garage, that replaced an existing garage in
the same location.
He said they have put $35,000 into their property with a new garage,
driveway, and landscaping
and doesn’t want to see his property value go down because of the neighbors’
garages. Kent
Wenck, Code Enforcement Officer, was present and explained how the variance
process works.
He said letters are sent to surrounding property owners to give them a chance to
express any
concerns either through a letter to the Board or by attending the meeting.
Kent said the process
works if people come forward, otherwise it is assumed that there are no
problems. The council
can’t change the Board’s decision, however, the council can send the request
back to the Board
for further review, which gives the neighbors another chance to express their
concerns. Mr. Zeiman
said that he wouldn’t attend the Board of Adjustment meeting even if the
council sends the request
back. He has to live next to
Halder’s and doesn’t want problems. Mrs.
Zeiman asked whether one
person would even make a difference to the Board.
Kent said that in this case it definitely would
make a difference. M/S/P Leach,
Stieneke, sent Kevin Halder’s variance request back to the Board
of Adjustment for further review. They
asked that Kent Wenck note that a complaint had been
filed with the City Council.
M/S/P Stieneke, Peck, approved the following under “Consent Business”.
City council minutes of September 11th and September 12th.
Board of Adjustment minutes of September 13th.
Reviewed Library Board minutes of August 8th.
New class “B” Native Wine license – Hy-Vee Pharmacy and Gifts.
John Cook was present to update the council on the Bacon Aquatic
Center/Gillette Park Project. He
reported that this past Saturday a dog swim was held at the aquatic center and
was well attended.
The pool has now been drained and Grundman-Hicks will be doing some work on the
surface in the
zero entry to correct the slick surface. The
contractor is also finishing up the final punch list.
They
are still waiting for the main ramp to complete the playground area before it
can be opened for use.
Final information is being compiled to close out the project with Vision
Iowa. John reported that
fundraising continues and there are still bricks available.
Once the
fundraising will be encouraged to create an endowment for the aquatic center and
park for ongoing
improvements and expenses. Councilman
Mallory asked whether the inmates and guard from
Rockwell City and the Game Time representatives had been personally thanked for
their help with
the playground installation. John
said they had and that he plans to send photos to Rockwell City
to show the success of their program. The
inmates did an exceptional job.
M/S/P Peck, Stieneke, appointed John Meis to the Iowa Surface
Transportation Enhancement Act (ISTEA)
Region IV Technical Advisory Committee.
The council reviewed the building permit report.
Mayor Henrich asked whether the council wishes to sell the three vacant
lots left by the demolition
of houses. The lots are at 317 E.
Main, 343 E. Cedar and 312 W. Locust. M/S/P
Stieneke, Varce,
authorized proceeding with the sale of the three lots.
The Mayor also mentioned two other houses that will probably have to be
demolished. The city does
not have title to these houses, but both are in a state of disrepair and should
come down. Councilman
Mallory suggested contacting Lundell Construction and Schoon Construction about
possibly giving the
city a better deal if the houses were demolished during the winter.
M/S/P Peck,
Leach, the meeting was adjourned at 8:20 p.m.
News media – Ken Ross, Chronicle Times.
ATTEST:
Debra Taylor, CMC
City Clerk-Treasurer