City Council Minutes – April 15, 2019

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Madrid City Council
Regular Meeting
April 15, 2019
5:30 p.m.

The City Council meeting was called to order at 5:30 p.m. with Mayor Tom Brown presiding.

Present at Roll Call: Nate Samples, Steve Burich, Marvin Ostrander, Chuck Rigby and Lane Shaver.

Other City Officials Present: City Clerk Mary Jo Reese, Deputy City Clerk Deb Biegger, Public Safety Director Rick Tasler, Library Director Angie Strong, Fire Chief Scott Maddux, Rescue Captain Randy Pecenka and Planning and Zoning member Randy Dalton.

Motion by Councilperson Shaver, second by Councilperson Samples to approve the agenda for April 15, 2019. Councilperson Shaver asked agenda item # 10, Citizens and Organizations to address the Council”, item a.) be moved forward to allow presenters from the Madrid Historical Society to leave the meeting for another appointment.

Ayes: All Present                                                                 Motion Carried

Motion by Councilperson Shaver, second by Councilperson Ostrander to open a public hearing regarding Ordinance #491, “An Ordinance Amending the Code of Ordinances of the City of Madrid, Iowa, 2018, by Amending Provisions Pertaining to the Policy and Administration Ordinances, Title II, Chapter 3.”  There were no citizens present who which to discuss the ordinance. Motion by Councilperson Samples, seconded by Councilperson Rigby to close the public hearing.

Ayes: All Present                                                                 Motion Carried

Motion by Councilperson Burich, second by Councilperson Shaver to open a public hearing regarding Ordinance #492, “An Ordinance Amending Chapter 3, Traffic Code of the Code of Ordinances of the City of Madrid, Iowa, 2018, by Adopting the Terms of this Ordinance Regulating the Operation of Golf Carts, Snowmobiles, All Terrain Vehicles, and Off-Road Utility Vehicles Within the City Limits of Madrid, Iowa. There were no citizens present who wished to comment on the ordinance. Motion by Councilperson Motion by Councilperson Ostrander, seconded by Councilperson Shaver to close the public hearing.

Ayes: All Present                                                                 Motion Carried

Motion by Councilperson Shaver, seconded by Councilperson Burich to open a public hearing regarding Ordinance #490, “ITC Franchise Agreement”. There were no citizens present who wished to comment on the proposed agreement. Troy Weary of ITC presented the Council with maps showing the route of proposed transmission lines, explaining the lines would be overhead, and not buried at this time. Motion by Councilperson Rigby, second by Councilperson Shaver to close the public hearing.

Ayes: All Present                                                                 Motion Carried

Motion by Councilperson Burich, second by Councilperson Ostrander to approve the City Council Meeting minutes of April 1, 2019, Library Meeting Minutes of March 19, 2019, and Labor Day Meeting Minutes of March 12, 2019 by consent agenda.

Ayes: All Present                                                                 Motion Carried

Motion by Councilperson Burich, second by Councilperson Shaver to approve the claims of April 15, 2019 in the amount of $ 63,389.81.

Ayes: All Present                                                                 Motion Carried

Ray Ohrtmann and Keith Kudej of the Madrid Historical Society approached the Council to ask permission to place a historical marker on a parcel of land in Boxtown, on the north side of the intersection of East 6th and Madison Streets, owned by the City. The historical society has received a donation of $7,600 to start the project which would be an obelisk shaped marker and brick apron around the marker which would commemorate life in the mining town known as Boxtown. Plaques would be placed on the obelisk.  They asked that the area be designated as part of the City of Madrid park system. Motion by Councilperson Samples, seconded by Councilperson Shaver to approve the project and designate the area as a part of the City of Madrid park system.

Ayes: All Present                                                                 Motion Carried

Library Director Angie Strong reported the resignation of part-time library aide Robin Brown. She also reported the library received a grant recently from the Lowrey Trust in the amount of $1,500, and another grant from Community Chest for $1,000, both of which will be used for the summer reading program. The library also received a gift of the complete set of Iowa Award books from an anonym’s donor. Upcoming programs include Storytime, Book Discussion, Adult Coloring, Teen After Hours, Early Out Space Program and Pinterest Party.

Parks and Recreation Board member Jolynne Carlson was unable to attend the meeting and wrote a commentary which was read by Mayor Brown. Carlson reported the fundraiser, “Egg my Yard” had a great response on social media, however did not receive as many actual orders as hoped. Carlson hopes to have the first “Concert in the Park” event scheduled for some time in June. She noted she has been trying to work with the youth rec leagues to promote them through the park. She did not receive much response from those groups.

Fire Chief Scott Maddux questioned whose responsibility it is to keep the oil tank for the generator at the fire station full. It is the responsibility of the fire department. He reported there had been 8 rescue calls and two fire calls since the last council meeting. He also reported the pump in the grass truck has cracked. The department is currently deciding how to solve the problem. Maddux advised the department is currently accepting applications for two new members. The Madrid Fire Department along with the Slater Fire Department performed a training house burn on Zook Spur Road. Maddux would like updated maps of the City. The department is looking at having their annual dance on July 20th or 27th. Mayor Brown advised Maddux that he should contact Lane Shaver with any equipment issues instead of reporting that information at the Council Meeting.

Public Safety Director Rick Tasler thanked Karl Harris of the Woodward Fire department for donating two defensive tactics suits to the department. He is currently working to remove junk vehicles from the city. A group of volunteers gathered over the weekend to clean up property owned by a disabled person. They will be working to clean up the properties of several other persons. He has also been working with the owner of the trailer court on County Line Road to clean up that property.

Motion by Councilperson Samples, seconded by Councilperson Burich to approve the second reading of Ordinance #491” and to waive the third reading of the ordinance.

Ayes: All Present                                                                 Motion Carried

Motion by Councilperson Shaver, seconded by Councilperson Samples to approve the second reading of Ordinance # 492 and to waive the third reading of the ordinance.

Ayes: All Present                                                                 Motion Carried

Motion by Councilperson Rigby, seconded by Councilperson Ostrander to approve the appointment of Randy Dalton to the Board of Adjustments. Dalton currently served on the Planning and Zoning Commission.

Ayes: All Present                                                                 Motion Carried

The Council considered the first reading of Ordinance #488, ‘An Ordinance Amending the Code of Ordinances of the City of Madrid, Iowa, 2018, by Adopting the Terms of this Ordinance which Establishes the Planning and Zoning Commission.” Currently there are three members who do not reside within the city limits of Madrid serving on the board. The Council discussed various residency requirements and decided there should not be a residency requirement. If there are not enough members from within the City limits, they can approve members from the County or School District.  They asked that Reese change the terminology of the ordinance and present the ordinance again at the next Council meeting. Nancy Christensen noted every other state has residency requirements for Planning and Zoning. John Flynn advised Iowa law is not clear on the issue, however he is fine with having members from outside of the city.

Jason Springer, developer of ‘Tiger Run”, and Randy Dalton, former member of Planning and Zoning, approached the Council to request rezoning for property he purchased on the east edge of Madrid. The area is currently zoned Agricultural. He would like to rezone the area to R4- Planned Residential in order to proceed forth with a planned housing development. Dalton indicated the request had been approved by Planning and Zoning. Springer stated he only needs R-4, not PUD, (Planned Urban Development.) Springer stated the property has been purchased, after rezoning he will present the final plat to Planning and Zoning.

Motion by Councilperson Shaver, seconded by Councilperson Samples to approve the second reading of Ordinance # 490,” An Ordinance Approving a Franchise Agreement with ITC.”

Ayes: All Present                                                                 Motion Carried

Motion by Councilperson Ostrander, seconded by Councilperson Samples to approve a request for renewal of liquor license for Flat Tire Lounge.

Ayes: All Present                                                                 Motion Carried

Motion by Councilperson Burich, seconded by Councilperson Shaver to approve a request for renewal of liquor license for Git-n-go convenience store.

Ayes: All Present                                                                 Motion Carried

Motion by Councilperson Samples, seconded by Councilperson Ostrander to approve a payment in the amount of $91,746 to Midwest Insurance Inc. for renewal of insurance for the city, and $2,530 for renewal of cyber insurance by consent agenda.

Ayes: All Present                                                                 Motion Carried

Councilperson Burich discussed requiring fencing around swimming pools within the city. The city currently has no ordinance requiring fencing around pools. Burich stated that many insurance companies require that pools be fenced. Councilperson Shaver feels the City should not mandate fencing. It was decided that Burich would do more research on the issue and possibly form a work group to discuss the matter.

Mayor Brown stated there should be a written process for ordinance consideration, review and revision. He recommended that a workgroup be formed to review new or changed ordinances before the ordinances are presented to the Council for approval. Councilperson Samples was appointed to form a workgroup which would meet on a Saturday morning.

John Flynn advised the City had received a letter from an attorney in Des Moines stating they are representing employee Mike Fischer in a Workman’s Compensation claim he filed for an injury he received in September of 2018.

Nolan Anderson of Boy Scout Troop 150 in Madrid told the Council he is making flag retirement boxes as his Eagle Scout project. He shared a photo of the proposed boxes and asked that he be allowed to place a box at City for collection of damaged flags that need to be retired. The Council approved the request.

Kurt Kruse of 805 South Union Street approached the Council to ask if any progress was made regarding a traffic control device near Edgewood Park. It was previously discussed by the Council that they may consider a temporary stop sign to be placed on Main Street during ball games. Councilperson Samples stated there are liability issues regarding the placement of a stop sign on the road. Sidewalks would need to be installed along the east side of Main Street before a stop sign could be placed in the area. The Police Chief and Public Works Director also stated they agree with the decision.

Kruse asked Mayor Brown when he may be approving his previous application for the Senior Citizens Commission Board. Mayor Brown stated he has no intention of appointing Kruse to the Board.

Nancy Christensen of 2267 S. Avenue reminded the Council there are laws regarding conflict of interest in City government. She pointed out an item on a previous claims report where members of the Council should have declared a conflict of interest. She pointed out that improvements to street and sidewalks of abutting property owners which will be included in the upcoming capital project around the elementary school is being funded with taxpayer funds and not being accessed to individual property owners as has been done in the past. She feels that since one member of the Council lives in that area and will benefit from the project that he should declare a conflict of interest. Councilperson Rigby stated he has received legal counsel on the matter and feels confident that he does not have to declare a conflict of interest concerning the matter.

Mayor Brown read a Mayor Proclamation submitted by YSS of Boone County. Taylor Nehring of YSS advised the 6th graders of Boone County write a letter agreeing to be drug and alcohol free during the prom and graduation season when they are seniors in high school. During that time, they will receive their letters back that they wrote as 6th graders.

Councilperson Samples advised a citizen that the Council is actively soliciting members for boards and commissions. Councilperson Ostrander was approached by a citizen who asked that the Council reconsider the fireworks ordinance. He also registered a complaint about horseback riders who do not clean up after their animals. Councilperson Shaver issued an invitation to the Council and members of the Community to attend an Arbor Day event on April 27th which will take place at the Iowa Arboretum and will be attended by Governor Kim Reynolds. He also advised the Council the Pony Express Riders will be coming through Madrid on the morning of April 20th collecting donations, which will be taken to Camp Sunnyside. He expects there to be 75-80 horses and riders. Chuck Rigby asked that the Council hold a moment of silence for Clark Helms who recently passed away.

Mayor Brown advised he recently attended a Boone County Human Services meeting. Many organizations presented a program on the various Human Service agencies in Boone County. He will be asking city hall personnel to add links to the agencies on the city’s website.

Motion by Councilperson Rigby, seconded by Councilperson Burich to adjourn the City Council meeting at 7:24 p.m.