City Council Minutes – February 18, 2019

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Madrid City Council
Regular Meeting
February 18, 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: Steve Burich, Marvin Ostrander and Chuck Rigby and Lane Shaver. Nate Samples was absent.

Other City Officials Present: City Clerk Mary Jo Reese, Deputy City Clerk Deb Biegger, Public Works Director Scott Church, Public Safety Director Rick Tasler, Library Director Angie Strong, Fire Chief Scott Maddux, Rescue Captain Randy Pecenka and Labor Day Board Chairperson Lacey Ortiz.

Motion by Councilperson Burich, seconded by Councilperson Ostrander to approve the agenda for February 18, 2019. Councilperson Shaver chose to abstain as he felt there should not be a discussion item under 7.) Madrid Area Chamber.

Ayes: Burich, Ostrander, Rigby                   Abstain: Shaver                      Motion Carried

No Councilmembers declared a conflict of interest with any agenda item.

Motion by Councilperson Ostrander, seconded by Councilperson Shaver to approve the City Council meeting minutes of February 4, 2019, the Library meeting minutes of January 8, 2019, by consent agenda.

Ayes: All Present                                                                 Motion Carried

Motion by Councilperson Shaver, seconded by Councilperson Burich to approve the claims for February 18, 2019 in the amount $80,978.47. Councilperson Rigby questions a payment to IDALS in the amount of $75.00 for a kennel license. City Clerk, Mary Jo Reese explained there is a kennel located in the city shop for detaining lost dogs. That kennel requires an annual license.

Ayes: All Present                                                                 Motion Carried

Curt Phillips, Executive Director of Boone County Economic Growth Corporation addressed the Council to explain the organization was formalized in 2014 and serves Boone county. The roll of the organization is to build tax base and bring jobs to Boone County. Partners are the Boone County Board of Supervisors and the cities of Boone, Ogden and Madrid, as well as private individuals and businesses. The group recently ordered a “Labor Shed Report” from Iowa Workforce Development. He announced Boone will be marketing 150 acres of industrial land north of Boone. He thanked the City for its participation in the organization.

Denise Moore of 2267 S Avenue, Madrid approached the Council to share information she gathered concerning the possible development of work groups. Works groups would be used to involve members of the community with the Council to discuss ideas and involve the public in the development of ideas, policies and ordinances. Moore conducted a survey of similarly sized towns in Iowa and local municipalities. She received responses from eight cities, four of which use work groups. One city recommended contacting Iowa State University to aide in the development of work groups. She presented the Council with a packet of information about the work group process.

Mayor Brown explained Travis Risvold, the president of Madrid Area Chamber of Commerce is was not present at the Council meeting, however he did give permission for Kurt Kruse to speak regarding food truck issues. Kruse stated the results of a recent poll concluded with deciding to hold food truck events on Thursday evenings at Jensen Park. He inquired whether the Council could waive the vendor fees for the food trucks. The matter will be discussed at the next Council meeting on March 4, 2019. Councilperson Shaver feels the food trucks could afford to pay the fees. Councilperson Rigby questioned if moving the event to Jensen Park fulfills the original intent of bringing business to the Downtown/Uptown areas of Madrid.

Motion by Councilperson Shaver, seconded by Councilperson Burich to approve Resolution #20-18-19, A Resolution Authorizing the Submittal by the City of Madrid, Iowa of a Clean Water SRF Water Resource Restoration Sponsored Project Application to the Iowa Department of Natural Resources.

Ayes: All Present                                                                 Motion Carried

Motion by Councilperson Ostrander, seconded by Councilperson Shaver to set a public hearing for the SRF Environmental Review for April 1, 2019.

Ayes: All Present                                                                 Motion Carried

Lacey Ortiz, chairperson of the Madrid Labor Day Committee stated there was not a quorum present for the scheduled meeting on February 5, 2019; no meeting was held. She noted the next meeting will be held on February 19, 2019. She noted that April Hageman has resigned from the Committee and they are seeking volunteers to join the board.

Library Director Angie Strong approached the Council to ask that they approve the re-appointment of Denise Hiveley as a library board member. Motion by Councilperson Shaver, seconded by Councilperson Rigby to approve the appointment.

Ayes: All Present                                                                 Motion Carried

Strong reported she was recently given her yearly review and a probationary employee was given her six-month review. Upcoming programs include Book Discussion, Adult Coloring and Family Board Game Night. The next early out event will also be board games.

Fire Chief Scott Maddux reported new radios are installed in the trucks and should be connected soon. He also reported 1 false alarm fire call, and five rescue calls in the last two weeks. Members of the department will be attending fire school during the weekend of February 23-24.

Public Safety Director Rick Tasler reported on efforts to remove cars from streets during the recent snow storm. He also reported the department has been working on a counterfeit money case. All cars have been serviced and Olmstead’s vehicle received new tires. New radios systems have been installed and should be in service soon. Tasler reported on a recent meeting with two residents concerning licensing of pets. Tasler agreed that all pets within the city limits of Madrid require an annual license, and pets found running loose will be required to be licensed before they are returned to their owners.

Motion by Councilperson Rigby, seconded by Councilperson Ostrander to approve 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.” This motion set the public hearing for March 4, 2109 at 5:30 p.m.

Ayes: All present                                                                  Motion Carried

Motion by Councilperson Rigby, seconded by Councilperson Burich to approve the third reading of Ordinance #489, “An Ordinance Amending the Code of Ordinances of the City of Madrid, Iowa, 2018, by
Adopting the Terms of this Ordinance Which Establishes the Board of Adjustment.”

Ayes: All Present                                                                 Motion Carried

Motion by Councilperson Burich, seconded by Councilperson Rigby to approve the request for renewal of liquor license from Casey’s General Store.

Ayes: All Present                                                                 Motion Carried

The Council discussed proposed Resolution # 22-18-19, “Resolution Authorizing Reformatting of Madrid Code of Ordinances.” Councilperson Rigby was concerned that a change could be made that would change the meaning of an ordinance. It was decided that Nancy Christensen would bring all changes before the Council to be approved before changes were made and published. Motion by Councilperson Shaver, seconded by Councilperson Burich to approve the resolution with the wording change.

Ayes: All Present                                                                 Motion Carried

The Council considered Resolution # 22-18-19, “A Resolution Setting the Date for a Public Hearing to Enter into a General Obligation Corporate Loan Agreement and to Borrow Money Thereunder in a Principal Amount not to Exceed $1,685,000, and Providing for the Levy of Taxes. Nate Summers of D.A. Davidson, and financial advisor for the City of Madrid explained the bond issue will cover the costs of major road, water and sewer projects around the elementary school, road work at Jensen Park, a West First Street overlay project, and work on the intersection of Locust and Highway 210. The bond also covers the cost of administrative fees associated with the bond. There will be a public hearing held on March 4, 2019 at 5:30 p.m. to allow the public to voice any concerns with the projects. After the hearing the Council will be asked to review and approve a preliminary official statement which will serve as an offering document to potential investors. He will be working with City staff to obtain a bond rating through Standard and Poor’s in an effort to obtain a lower interest rate for the bond. He hopes to sell the bonds on May 6, 2019, and approve the issuance at the City Council Meeting on that date. The bonds would then close on May 30th, and the funds would be received by wire transfer to pay off the short term GO bond being held at City State Bank for $815,000. The structure of the bonds is 20 years and will put the city’s debt limit around 72% utilization.

Motion by Councilperson Shaver, seconded by Councilperson Burich to set the date for the public hearing to approve the FY 19-20 budget for March 4, 2019 at 5:30 p.m.

Ayes: All Present                                                                 Motion Carried

City Attorney John Flynn advised he recently attended a meeting with Mayor Brown, Boone County Attorney, Dan Kolacia and Boone County Sheriff, Greg Elsberry concerning obtaining information for open records requests. Elsberry recommended the police department use a MACH 10 system to obtain those records. The system allows Madrid Police officers to alleviate burden on the staff in Boone County. Flynn recommended to Tasler that his department use that system. The system currently pays to use this online access.

Flynn reported he would be meeting with Amanda Adams of the Iowa Public Information Board to go over a complaint made to them by Kurt Kruse. Adams is recommending the complaint be dismissed, however the City needs to communicate better to people who submit requests if there will be a delay in completing the request. The board will make the final decision in the matter.

Scott Maddux of 306 E. 9th Street approached the Council to congratulate the recent wrestling winners, and also to contact the fire department if they need the fire department near their home be shoveled out.

Nancy Christensen of 2267 S. Avenue approached the Council to discuss the procedure necessary to approve the ATV ordinance. She read from City Code regarding the matter. John Flynn indicated he will review the code as it involves Madrid and the changing of the ordinance. She asked that the matter be placed on the agenda for the City Council Meeting on March 4, 2019.The City of Madrid must either adopt the current DNR policy on ATV usage, or following specific guidelines to enact its own ordinance. The current Madrid ordinance is inconsistent with State of Iowa law.

Christensen also discussed the proposed Chicken Ordinance. Currently Madrid Ordinance prohibits livestock of any kind within the city limits. Christensen reviewed ordinances from many towns, care and keep guidelines from various organizations including the USDA. Research shows that only about 1% of people are interested in having chickens and there are many diseases that can be transmitted through poultry.  She asked that the matter be placed on the agenda for the meeting on March 4, 2019, to create a work group for the issue.

Kurt Kruse of 805 S. Union Street approached the Council to question if the snow ordinances are being followed in relationship to ticketing cars not removed from city streets. He also questioned removal of snow from sidewalks as part of the ordinance.

Mayor Brown addressed the issue of snow removal by explaining that all departments need to use discretion in how they proceed with their business. There are special circumstances in all cases, that not everyone will agree with. He believes in keeping everyone informed in making good decisions. He does not believe city government should be authoritarian in nature, but subjective in interpretation, within reason in how the city does business.

City Clerk, Mary Jo Reese, reminded all departments that open records requests be submitted to the office of the City Clerk for tracking purposes. She also stated the proposed budget for FY 19-30 is complete, pending the public hearing on March 4, 2019

Scott Church also explained prioritizing snow removal by stating the uptown/downtown areas are cleared first, followed by side streets and alleyways.

Motion by Councilperson Shaver, seconded by Councilperson Ostrander to close the City Council Meeting at 7:27 p.m.