Regular City Council Meeting
City Hall, Cherokee, Iowa
September 8, 2009 – 7:00 P.M.
A regular meeting was called to order on this date by
Mayor Pierce. Present: Council Member Peck, Leach, Mallory, Burkhart,
Stieneke, Administrator Eikmeier, Deputy Clerk-Treasurer Cargin.
Mike Morrow, who had recently been served with nuisance
abatement notices for properties he owns at 324 W. Beech St.
and 109 S. 7th St., requested a 60-day extension to get the
properties cleaned up. Police Chief Schuck commented that Morrow
has made some progress over the last 2-3 weeks, but has a lot of work yet to
do. Morrow questioned why he couldn’t park
vehicles in the city right-of-way, since he mows and maintains it.
Administrator Eikmeier explained that the situation of parking vehicles/trailers
on the right of way is against city code because they are there for the
long-term. Parking is not the only issue,
the property on W. Beech had to be cleaned up in 2002, and the condition of the
property at this time is at least as bad if not
worse than in 2002. Councilperson Burkhart asked Morrow what his plan is for the
next 60 days and Morrow replied that the items
would be gone from the property. Burkhart asked if it would take the full 60
days, could he do it in two weeks? Will the property
be kept cleaned up? Morrow responded that he could, and that it will be
different after this. Councilperson Burkhart instructed
Morrow that when he receives an abatement notice, the property needs to be
cleaned up immediately. His property negatively
affects the neighborhood properties.
Councilperson Leach made a motion, seconded by Peck, to
grant Morrow a 30-day extension with the stipulation that both
properties be cleaned up in strict compliance with the abatement notice, and
kept in compliance with city code. Roll call was:
AYES: Leach, Peck. NAYES: Stieneke, Burkhart, Mallory. Motion failed.
Councilperson Burkhart made a motion, seconded by
Stieneke, to grant Morrow a 14-day extension with the stipulation that
both properties are cleaned up in strict compliance with the abatement notice,
with the exception of the firewood stacked
to be cut, and kept in compliance with city code. Roll call was: AYES:
Stieneke, Leach, Peck, Burkhart, Mallory.
NAYES: None. Motion carried.
On a motion by Councilperson Stieneke, seconded by
Burkhart, the council unanimously approved Resolution No. 09-18, amending
loan and disbursement agreement by the City of Cherokee, the Iowa Finance
Authority, and Wells Fargo Bank, N.A. and authorizing
and providing for the reissuance of $508,605 Sewer Revenue Capital Loan Notes
No. R-1, Series 1999 of the City.
A motion by Stieneke, seconded by Peck, unanimously
approved Resolution No. 09-19, amending loan and disbursement agreement
by and between the City of Cherokee, the Iowa Finance Authority, and Wells Fargo
Bank N.A., and authorizing and providing for
the reissuance of $1,661,395 Sewer Revenue Capital Loan Notes No. R-2, Series
1999 of the City.
These amendments will lower the interest rates on SRF
loans taken out in 1999 for wastewater treatment plant improvements
from 4.23% to 3%.
Administrator Eikmeier explained that the State of Iowa
has appointed a committee to evaluate each of the four mental health
institutions in the State of Iowa, and to make a recommendation as to which
institution can be closed without negatively
impacting services to the citizens of Iowa. Cherokee MHI provides services at
the lowest cost per patient and has the most
effective treatment success as measured on the basis of least patients that
return for additional treatment, of the four institutions. Eikmeier stressed
the importance of retaining this health and teaching facility in our community,
for both the good of the State
of Iowa and also our local economy.
Councilperson Burkhart made a motion, seconded by Peck,
that the mayor drafts a Resolution of Support for the Cherokee Mental
Health Institute. All voted aye, motion carried.
A motion by Leach, seconded by Burkhart, unanimously approved the following under “Consent Business.
Approve City Council minutes of August 11th.
Approve bills totaling $178,421.08.
IOWA D.N.R. CONSTRUCTION PERMIT-LAKE ST. 100.00
IOWA RURAL WATER ASSOC. OKOBOJI CONFERENCE 90.00
AMERICAN THEATER SUMMER READING PRIZES 225.00
BAKER & TAYLOR, INC. BOOKS & AUDIOS 640.14
DOUBLEDAY LARGE PRINT BOOKS 21.27
TOTAL BACKFLOW & METER VALVE REPAIR 498.00
AMANDA PAEPER BAL. OF DEPOSIT-400 S. 9TH 20.20
TERESA CHOATE BAL. OF DEPOSIT-607 PARK 15.35
USPS POSTAGE FOR UTILITY BILLS 560.76
THREE RIVERS BENEFIT CLAIMS THRU 8/28/09 6,424.05
SEPT. ADMIN. FEE 372.00
HOLZHAUER MOTORS, LTD. 2009 CHEVY TAHOE 18,960.00
GE MONEY BANK/AMAZON DVD'S 351.21
CHEROKEE COUNTY RECORDER RECORD ZONING ORDINANCE 18.00
GE CAPITAL SEPT. SKIDLOADER PAYMENT 365.05
IOWA LAKES ELECTRIC COOP ELEC. - 7/1/09-7/31/09 39.26
MASTERCARD GAS FOR PATROL CAR TO LAB 20.00
CORD FOR DIGITAL CAMERA 26.61
CHEROKEE FIRE DEPARTMENT VOL. ALLOW.-7/23/09-8/18/09 555.00
IOWA DEPT. OF NATURAL PERMITS-AMBER/BRADY WATER/SEWER 227.10
CHEROKEE STATE BANK NSF CHECK-J. HOYLE 62.00
CHEROKEE COUNTY RECORDER RECORD GAP RELEASE-S. LE 9.00
CHEROKEE CO. CLERK/COURT FILE SMALL CLAIMS 85.00
OFFICE OF VEHICLE SERVICE 16 SALVAGE AUTO TITLES 160.00
AHLERS & COONEY P.C. ENTERPRISE ZONES; TIF 390.58
ALLIANT ENERGY NATURAL GAS 1,260.38
ALPHA WIRELESS BATTERY BACKUP-2-WAY RADIO 598.00
AL'S CORNER OIL CO. SKIDLOADER DIESEL FUEL 70.04
AMERICAN AQUATIC TESTING ANNUAL TOXICITY TEST 1,900.00
AMERICAN RED CROSS RED CROSS LESSON CERT. 91.00
ARAMARK UNIFORM SERVICES SHOP RAGS; MATS; MOPS; TOWELS 129.80
BLAINE'S WATER CONDITION. SOFTENER SALT; LAB WATER 152.58
BOMGAARS OPERATING SUPPLIES 1,421.72
BUGH WELDING MAKE TRAY & BRACES FOR TRUCK 135.90
BUILDERS SHARP. & SERVICE EQUIPMENT MAINT. & SUPPLIES 939.10
CAREY'S FURNITURE MOLDING; CARPET; BASE 3,626.65
STEVE CASEY JULY/AUG. CELL PHONE 40.00
CHAMPION ELECTRIC, INC. ELEC. SUPPLIES; EQUIP. REPAIR 1,798.90
CHEROKEE AUTO PARTS BUSHING; OIL; FILTERS 110.33
CHEROKEE BUILDING CENTER PAINT 255.59
CHEROKEE CO. CLERK/COURT CITY CASE 60.00
CHEROKEE CO. SOLID WASTE SEPT. LANDFILL FEE 11,556.01
DEBRIS-335 E. CEDAR 18.02
CHEROKEE CO. TREASURER PROPERTY TAX-309 W. ELM 456.00
CHEROKEE CO. WORK SERVIC CLEAN SHOP RAGS 4.16
CHEROKEE LUMBER, INC. BUILDING MATERIALS 1,998.69
CHEROKEE REG. MED. CENTER RANDOM CDL DRUG/ALCOHOL TESTS 78.00
CHESTERMAN COMPANY POP 116.62
CHRONICLE TIMES SUBSCRIPTION; AD; MINUTES 427.79
CONSUMER REPORTS SUBSCRIPTION 26.00
COMPASS BUSINESS SOLUTIONS UTILITY BILLING FORMS 651.10
THE COURT FOCUS SEPT. SUBSCRIPTION 13.00
CREATIVE SERVICES 12 SOFTBALL TROPHIES 189.08
DPC INDUSTRIES INC. CHLORINE; POTASSIUM PERMAN. 903.75
DAVE'S PAINTING INSTALL DECALS '09 TAHOE 100.00
DEMCO, INC. SUPPLIES 140.28
DIABETIC LIVING MAGAZINE SUBSCRIPTION 19.97
DEWOLT CONSTRUCTION BUILDING FOR UV EQUIPMENT 1,400.00
DISCOVER SUBSCRIPTION 49.95
DIAMOND VOGEL PAINTS YELLOW & WHITE TRAFFIC PAINT 846.45
ELEVATOR SERVICE & REPAIR ELEVATOR SERVICE CONTRACT 140.00
DAVE ELLIS JULY/AUG. CELL PHONE 80.00
EMERGENCY APPARATUS MAIN 4 NFPA PUMP TESTS 2,046.69
EZ-LINER PAINT GUN FILTERS 204.10
FARNER-BOCKEN COMPANY CONCESSIONS 1,077.77
FASTENAL COMPANY PAINT WAND; PAINT; FUSES 235.70
ED M. FELD EQUIP. CO. HOSE REPAIR; COUPLERS; SEALS 247.10
CARBON CYLINDER & VALVE 850.00
SEALS;PULL PINS;EXTINGUISHER 370.00
FIRE SERVICE TRAIN.BUREAU CERT. FEES FOR INSTRUCTOR 50.00
FIRST COOPERATIVE ASSOC. 5 GAL. WEED SPRAY 186.25
FLOOR CARE SPECIALISTS REFINISH COMM. CENTER FLOOR 10,043.73
FOLLETT SOFTWARE COMPANY SERVICE CONTRACT 1,328.00
FOX ENGINEERING CONSTR. ADMIN.-UV PROJECT 2,574.46
GRAVENISH SERVICE PLUG TIRE 8.00
GRUNDMAN-HICKS, LLC REMOVE/INSTALL AERATOR COVER 680.00
GREGG COMPUTER SERVICE COMPUTER REPAIR 120.00
HACH CO. LAB CHEMICALS 111.50
HALLETT MATERIALS STONE FOR WALL 899.76
HIGMAN SAND & GRAVEL RIVER ROCK FOR WALL 179.28
HOLZHAUER MOTORS, LTD. SERVICE; REPAIRS; ALIGNMENT 202.95
HY-VEE, INC. SUMMER READING SUPPLIES 22.68
IOWA LIBRARY ASSOCIATION IOWA LIB. ASSOC. REGISTRATION 395.00
IOWA ONE CALL JULY LOCATES 56.70
IOWA PRISON INDUSTRIES STREET SIGNS 173.03
IOWA TELECOM PHONE SERVICE 931.21
JANITOR'S CLOSET, LTD. TISSUE; GARB. BAGS; TOWELS 299.43
K-MART #9222 OFFICE & CLEANING SUPPLIES 19.56
CONNIE LADWIG 2 WALL CLOCKS; REFRIG. SHELF 50.26
LAKE ELECTRIC SUPPLY, INC. LIGHT BULBS 228.00
LETSCHE BIKE/RADIO SHACK CD'S 12.99
LUNDELL CONSTRUCTION CO. WATER LEAK-319 OAK KNOLL 2,495.00
TV SEWER LINES IN AMENT 4,140.00
MARSHALL CAVENDISH, INC. BOOKS 117.52
MID-IOWA SALES CO. XTRAX UPHOLSTERY CLEANER 79.92
MIDLAND SCIENTIFIC, INC. LAB CHEMICALS 396.92
MID AMERICAN ENERGY ELECTRICITY 22,093.10
WALLY MILLER, JR. AUGUST LEGAL SERVICES 2,487.50
MODERN HEATING & COOLING VENT PIPE; FURNACE GRILLS 172.04
MOTOR PARTS SALES VEHICLE SUPPLIES 396.34
MUNICIPAL MGMT. CORP. LOCATE 2 LEAKS 250.00
MUNICIPAL SUPPLY, INC. SADDLE; CURB STOP; LID 358.20
NATIONAL GEOGRAPHIC SUBSCRIPTION 34.00
NELSON ELECTRIC BALLAST FOR LIGHT FIXTURE 20.01
NORTHSIDE TIRE REPAIR REAR TIRE 20.00
NORTHWEST COMMUNICATIONS SEPT. INTERNET SERVICE 39.95
NORTHWEST IOWA LIBRARY WORKSHOP REGISTRATIONS 30.00
OLD DUTCH FOODS, INC. CONCESSIONS 322.90
PC WORLD SUBSCRIPTION 44.97
MATT PARROTT & SONS CO. RECEIPT BOOKS 420.15
PERKINS OFFICE SOLUTIONS OFFICE SUPPLIES 1,661.78
PETERSEN MFG. CO., INC. MEMORIAL BENCH 366.75
PETTY CASH SUPPLIES; CLOCK; POSTAGE 233.40
POOL TECH MIDWEST, INC. CHEMICALS 2,609.00
POWERPLAN CUTTING EDGES; BOLTS; NUTS 1,104.34
QUILT N KABOODLE REDEVELOP. INCENTIVE GRANT 2,400.00
RASMUSSEN'S CORP. CHECK CHARGING SYSTEM 42.30
REHAB SYSTEMS INC. CLEAN OUT UNITED LIFT STATION 262.50
CLEAN SEWER LINE 2,800.00
ST. LUKES OCCUP. HEALTH RANDOM CDL DRUG/ALCOHOL TESTS 72.00
SANITARY SERVICES AUG. GARBAGE PICKUP 20,983.90
SECRETARY OF STATE NOTARY RENEWAL-DIANE 30.00
SIOUX CITY JOURNAL POLICE OFFICER AD 487.90
SIOUX SALES COMPANY PARTITION;TRANSFER KIT-TAHOE 1,118.61
8 BALLISTIC VESTS 6,000.00
BATTERY; AMMO 394.95
SIOUXLAND DISTRICT HEALTH BACTERIA SAMPLES 78.00
SIMPCO ANNUAL MEMBERSHIP 2,732.00
STEVE'S WINDOW SERVICE WINDOW CLEANING 90.00
TEST AMERICA LABORATORIES COPPER; OIL/GREASE; TKN; TDS 768.71
TIRE SERVICE CENTER TIRE REPAIRS 43.88
TREASURER, STATE OF IOWA AUGUST SALES TAX 6,012.02
UNITED PARCEL SERVICE SHIPPING CHARGES 285.07
UNITED STATES CELLULAR CELL PHONES-8/22/09-9/21/09 101.02
UNIVERSAL, INC. 2 CASES PAPER TOWELS 180.36
VERIZON WIRELESS CELL PHONE-8/21/09-9/20/09 97.10
VERMEER SIOUXLAND SHARPEN CHIPPER KNIVES 42.50
VICTORIA SUBSCRIPTION 36.00
WALDNER'S LAWN SERVICE AUG. LAWN SERVICE 110.00
WATCHGUARD VIDEO CAMERA KIT FOR '09 TAHOE 190.00
WATER ENVIRONMENT FEDERA WATER ENVIR. FED. MEMBERSHIP 55.00
WELLS FARGO FIN. LEASE COPY MACHINE LEASE 110.80
WIESE OIL & SUPPLY CO. GAS; DIESEL; OIL 6,840.24
WOODALL ELECTRIC NEW MOTOR & INSTALL-LIFT 469.00
ZIEGLER, INC. CLAMP FOR MAINTAINER TURBO 48.84
Approve Library Board minutes of August 5th.
Renewal of class “B” native wine permit – Hy-Vee Pharmacy & Gifts.
Approval of payment #1 to Blacktop Service Co. for
$200,125.65 for River Road Project. Administrator Eikmeier stated that
this amount is $27,000 less than the original design amount.
Administrator Eikmeier reported that the Cherokee
Business Incentive Committee has reviewed the grant application for
The Spice Rack, and recommended approval of the grant by the city council.
Councilperson Stieneke made a motion, seconded
by Mallory, to approve a Redevelopment Incentive Grant for $2,500.00 for The
Spice Rack. Roll call was: AYES: Stieneke,
Leach, Mallory, Peck, Burkhart. NAYES: None. Motion carried.
On a motion by Stieneke, seconded by Leach, the council
approved the purchase of a Monroe sander in the amount of $8,523.00
for the Street Department. All voted aye, motion carried.
On a motion by Councilperson Peck, seconded by Leach, the
council unanimously approved the closure of the city parking lot
west of the fire station, and part of South Fourth St. for the annual Fall
Family Festival on Saturday, September 26, 2009.
The item regarding the carving at Oak Hill Cemetery was postponed until the next meeting.
Administrator Eikmeier explained that Bob and Kathleen
Jacobs had applied and received a housing loan (which was funded
with federal dollars back in the 1990’s and early 2000s) in the amount of $6,000
for the purchase of a home at 618 W. Elm St.
The terms of the loan were that if the grantee owned and occupied the home for
ten years, the loan was forgivable, but if
the house was sold prior to the ten-year period the money was required to be
paid back to the housing fund. Jacob’s sold
the home less than two years after the purchase, but the loan was not repaid.
The loan agreement was not discovered during
the title search and subsequent sale. Mr. Jacobs proposed to the council a
settlement of $3,000 to clear the mortgage. He
does not feel totally responsible for the oversight. On a motion by Stieneke,
seconded by Burkhart, the council rejected the
settlement offer of $3,000 by Mr. Jacobs, and will proceed with collecting the
full amount due. Roll call was:
AYES: Leach, Mallory, Stieneke, Jacobs, Peck
NAYES: None
Bob Payer of Kuehl & Payer, Storm Lake, IA, furnished a
proposal in the amount of $5,500 for a rate study involving the Cherokee
Sanitary Sewer System, which would include determining the financial needs of
the system both short and long-term, and
recommending a possible adjustment to the sewer rates. Councilperson Mallory
questioned why the study could not be done
in-house. Administrator Eikmeier replied that the city will need to sell bonds
for needed improvements, and prospective
bondholders require a rate study be completed by either an engineering or
accounting firm. Councilperson Stieneke asked if
the rate study will include a comparison survey of other cities sewer rates, and
was told that it would. On a motion by
Councilperson Burkhart, seconded by Leach, the council unanimously authorized
approving a contract with Kuehl & Payer
for $5,500.00 to do a sanitary sewer rate study.
Bob Payer furnished the council with a proposal for
Preliminary and Final Design Services for the South Cherokee Lift Station,
Beech Street Lift Station, and Force Main Reconnection in the amount of
$37,850.00. This includes replacement of the existing
south lift station, relocation of a sanitary sewer force main and installation
of a grinder pump in the Beech Street lift station.
Councilperson Burkhart made a motion, seconded by Leach,
authorizing and approving a contract with Kuehl & Payer in the
amount of $37,850.00 for the described work. Roll call was:
AYES: Leach, Mallory, Peck, Stieneke, Burkhart
NAYES: None
The council reviewed the following reports:
1. August Clerk-Treasurer’s report and receipts as follows: General-$44,070.92; Police
Forfeiture-$544.30; County Library-$.29; Road Use-$42,568.44; Employee Benefits-
$2,282.53; Local Option Sales Tax-$38,799.80; Hotel/Motel Tax-$2.08; Revolving Loan-
$17.38; Library Memorial-$1.74; Park & Rec. Capital Impr.-$9.43; Debt Service-$5.63;
Road Use Equipment-$.93; Cherokee Signs-$640; Emergency Set-Aside-$1.65; Aquatic
Center/Gillette Park-$56.33; Community Center Project-$3.30; Fire Rescue Truck-$.38;
Oak Hill Perpetual Care-$30.85; Water Utility-City-$61,707.10; Water Utility-Industrial-
$12,071.29; Water Bd./Int.-$6.41; Water
Improvement-$5,014.64; Water Reserve-$45.14;
Water System Maintenance-$8,633.05; Sewer Utility-City-$89,082.41; Sewer
Utility-
Industrial-$21,496.81; Sewer Bd./Int.-$32,699; Sewer Improvement-$1,666.67; Aviation
Authority-$185.77; Solid Waste-$20,704.99; Landfill-$11,179.53; Storm Water Utility-
$6,477.24; Self Insurance-$24.02.
2. August General Fund revenue/expense report.
3. August Police report.
4. August Department reports.
Administrator Eikmeier reported that interviews for the
police department position are going well. Eikmeier suggested that
the council do a walk-through of both the Bacon Aquatic Center and the community
center in conjunction with the September 22
council meeting, this will be scheduled at 5:30 p.m. Eikmeier also reported
that a special city council meeting would be held
on September 24 at 7 p.m. concerning the Ament Addition storm sewer project.
All property owners in the Ament Addition
will be invited to this meeting to have their questions and concerns addressed.
A motion by Peck, seconded by Leach, adjourned the meeting at 8:10 p.m.
News media – Paul Struck, Chronicle Times; Nikki Thunder, KCHE.
Pam Pierce – Mayor
ATTEST:
Diane Cargin, CMC
Deputy City Clerk-Treasurer