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Madrid City Council
Regular Meeting
June 2, 2008
The Council meeting was called to order at 5:33 p.m. with Mayor Jeff Gibbons presiding.
Present at Roll Call: Steve Burich, Lane Shaver, Val Chapman, Mike Heeren, Don Lincoln
Motion by Councilperson Heeren, seconded by Councilperson Chapman, to approve the agenda.
Ayes: All Present Motion Carried
Mayor Gibbons opened the following two items for the public hearings.
1. Resolution 24-07-08A, “Resolution Authorizing The Issuance Of A Quit Claim Deed To Charles J. Cope”
2. Resolution 25-07-08A, “Resolution Authorizing The Issuance Of A Quit Claim Deed To Charles J. Cope”
City Administrator Todd Kilzer advised the Council that both resolutions numbers are to be followed by the letter “A” but the resolutions themselves are correct as worded. Kilzer informed the Council that the City had not received any oral or written comments from the public regarding either of the two public hearings.
Motion by Councilperson Chapman, seconded by Councilperson Shaver, to close the public hearing.
Ayes: All Present Motion Carried
Motion by Councilperson Burich, seconded by Councilperson Heeren, to approve by consent agenda the City Council meeting minutes of May 19, 2008, Labor Day Commission meeting minutes of May 12, 2008, and the Parks and Recreation Board meeting minutes of May 13, 2008.
Ayes: All Present Motion Carried
Motion by Councilperson Shaver, seconded by Councilperson Burich, to approve the June 2, 2008 claims totaling $24,667.46. Councilperson Shaver questioned a delinquent claim for a Police Department entitled “Employment Law Book” and an “Employment Law Report”. Kilzer advised the Council that he was unable to locate either item in the Police Department and voiced his concern that there may be other delinquent claims in the near future for the department. Kilzer suggested to the Council that purchasing procedures may need to change and that Department Supervisors should submit a copy of the invoice to the financial department so that the City has a record of purchase. Councilperson Burich requested counsel from City Attorney John Jordan on the possibility of the City Administrator opening the Police Department’s mail during the vacancy of a Police Chief. Jordan contended that mail sent to City Hall is believed to be business oriented and unless marked personnel or confidential, could be opened. Jordan emphasized that common sense must prevail. Under the Fire Department invoices, Mayor Gibbons questioned a claim from ACS Firehouse Software. Kilzer informed the Council that Fire Chief Curt Maddux could answer any of the specifics of the claim although Kilzer believed the claim to be for software support for the Fire Department’s computer system. Mayor Gibbons also questioned the procedure for handling outstanding checks. Kilzer explained that outstanding checks are viewed monthly and the payee’s are contacted by telephone when necessary.
Ayes: All Present Motion Carried
Roger Wheeler, Southern Prairie Developer, updated the Council on the progress of the Southern Prairie Development. According to Wheeler, the over all project is approximately 2-3 months behind schedule due to the winter months and the spring rains. Wheeler commented that a variety of businesses have expressed interest in building in Madrid including a restaurant, video store, hardware store, hair salon, and a small manufacturer. Wheeler added that no one has made any commitments although he remains optimistic. Wheeler presented the City of Madrid with a signed deed for 7 acres of ground which has been donated to Edgewood Park. The deed will be recorded with Boone County following a review of the document by City Attorney Jordan.
Mary Carpenter, Labor Day Commission, submitted a “Kid Again” Inflatable Fun Shows proposed contract for the Council’s review. Carpenter advised the Council that if approved, half of the $4,750.00 fee would be due at the time of signing the contract with the balance due at time of service. Attorney Jordan reviewed the document and recommended that the terms of indemnity be revised. Jordan agreed to contact the company for a revised agreement.
Motion by Councilperson Burich, seconded by Councilperson Chapman, to approve the “Kid Again” Inflatable Fun Shows contract with the indemnity clause revised by City Attorney Jordan as recommended and not to send payment until notified of Jordan’s approval.
Ayes: All Present Motion Carried
Mayor Gibbons introduced certified part-time Police Officer Nick Millsap and announced that Officer Millsap has agreed to join the Madrid Police Department. Officer Millsap is currently employed by the City of Boone on a part-time basis as well. Millsap commented that he was looking forward to getting acquainted with the community and providing good service to the Madrid citizens.
Motion by Councilperson Shaver, seconded by Councilperson Chapman, to approve the hiring of Officer Millsap as a part time officer as recommended by Mayor Gibbons and Councilperson Shaver. Officer Millsap’s starting wage will be $15.00 per hour.
Ayes: All Present Motion Carried
Kilzer advised the Council that 24 applications had been received by the May 30, 2008 deadline for the Police Chief’s position. The Council has decided to have a “selection committee” consisting of Mayor Gibbons, City Attorney Jordan, City Administrator/Clerk Kilzer, Councilperson Shaver, School Superintendent Brian Horn and retired Highway Patrolman Ray Neumann conduct the interviews. The selection committee will meet June 5, 2008 to compile the qualification criteria and to review the applications. Kilzer recommended that the committee choose 3 or 4 of the best candidates to interview on or before June 14, 2008. Councilperson Lincoln questioned if either of the Madrid Police Officers had applied for the position. Councilperson Shaver addressed the question by commenting that Officers Olmstead and Zeutenhorst were not interested in the position. Kilzer had expressed a desire to have a Police Chief hired and on duty by the first week of July.
Kilzer advised the Council that the Public Works Department has been working on projects to open Southern Prairie Drive. Kilzer added that the street needs to be cleaned, the storm sewer line needs to be jetted and cleaned and the “punch list” needs to be reviewed while having a walk through with Engineer Perry Gjersvik. Councilperson Heeren reported 2 property complaints of yard damage due to the Southern Prairie Development construction. Kilzer agreed to contact Aquila to report the complaints of yard damage.
Kilzer informed the Council that one of the dump truck’s front brakes caught on fire and will need major repair. Kilzer continued that the Public Works Department has been working on a list of projects although rain has created several delays.
Motion by Councilperson Heeren, seconded by Councilperson Shaver, to approve the payment to Tyler Technologies in the amount of $3,414.78. Kilzer advised the Council this invoice represents the computer maintenance and support agreement fees associated with the water billing, meter reading, payroll, and the financial systems.
Ayes: All Present Motion Carried
Kilzer reported to the Council that he, Attorney Jordan, Councilpersons Lincoln and Heeren, Susan Bolte of IPERB, Kevin Hozhauser, International Union of Operating Engineers Local 234 and union city employees met on May 29, 2008 to negotiate the union contract. Kilzer continued that wage increases have posed a concern. Kilzer added that he had received a call from the negotiator posing the possibility of a 2 stage wage increase. The negotiator commented to Kilzer that this option would need to be suggested to union members before a decision could be made. Kilzer is confident that both sides want to get the union contract resolved and neither side wants to go into arbitration. Kilzer also advised the Council that any discussion on health insurance changes for new hires can not be addressed because, according to IPERB, new hires may be eligible to join the union. Kilzer is waiting for the union’s clarification of the definition of a part-time officer’s eligibility to become a union member.
Motion by Councilperson Burich, seconded by Councilperson Lincoln, to approve payment in the amount of $7,226.40 to Dorsey & Whitney LLP for legal services rendered related to the preparation of documents and issuance of opinion approving legality for the general obligation corporate purpose and refunding bonds.
Ayes: All Present Motion Carried
Dee Nerem, Labor Day Commission, approached the Council with Ordinance #441, “An Ordinance Amending The Code of The City of Madrid, Iowa, 1999, By Amending Title II, Division 2, Chapter 75, “All-Terrain Vehicles and Snowmobiles”. Jordan advised the Council that the proposed Ordinance was drafted to allow the Labor Day Commission members to use ATV’s and gators during the celebration. Councilperson Shaver referred to the State of Iowa Code and offered his opinion that the Council did not have the authority to allow ATV’s and gators on City streets during the celebration. Nerem, advised the Council that she has researched the law and has spoke with the Department of Natural Resources regarding the acceptability for exception. Nerem clarified that the vehicles could be used on City Streets but the vehicles could not cross any highway. It was noted that nothing can supersede Iowa State Code but amendments can be made based on Chapter 75.
Motion by Councilperson Shaver, seconded by Councilperson Heeren, to approve the first reading of Ordinance #441, “An Ordinance Amending The Code of The City of Madrid, Iowa, 1999, By Amending Title II, Division 2, Chapter 75, “All-Terrain Vehicles and Snowmobiles” pending the results of further investigation and the acceptability of revision and to set the public hearing for June 16, 2008 at 5:30 p.m. in the Council Chambers.
Ayes: All Present Motion Carried
Motion by Councilperson Chapman, seconded by Councilperson Heeren, to approve by consent agenda Resolutions #24-07-08A and #25-07-08A, “Resolutions Authorizing The Issuance Of A Quit Claim Deed To Charles J. Cope”.
Ayes: All Present Motion Carried
Motion by Councilperson Shaver, seconded by Councilperson Burich, to approve the Southern Prairie Development Easement Grant. City Attorney Jordan advised the Council that he has reviewed the document and that in his opinion; the easement grant is of standard language and appears fine.
Ayes: All Present Motion Carried
Kilzer submitted Resolution #28-07-08, “FY 07-08 Budget Amendment” to the Council. Kilzer pointed out it was originally estimated there would be a $67,050.00 budget shortfall; however Kilzer now estimates a projected shortage closer to $7,592.00. Kilzer stressed that this document is still not a precise prediction of funding, only a best guess estimate. Kilzer added that when compiling the budget, he allows approximately a 10% margin for adjustments. Kilzer also added that other adjustments were considered due to purchasing the new rescue vehicle, refinancing some existing indebtedness and converting short-term finance debt into long-term indebtedness.
Motion by Councilperson Shaver, seconded by Councilperson Lincoln, to approve Resolution #28-07-08, “FY 07-08 Budget Amendment” and to set the public hearing for June 16, 2008 at 5:30 p.m. in the Council Chambers.
Ayes: All Present Motion Carried
Motion by Councilperson Lincoln, seconded by Councilperson Heeren, to approve Resolution #27-07-08, “Resolution Authorizing Utility Billing Clerk to Assess a Mosquito Spraying Charge Upon The Water/Sewer/Garbage Billing”. Kilzer advised the Council that the mosquito spraying rate has increased 25 cents per customer due to rising fuel costs.
Ayes: All Present Motion Carried.
Motion by Councilperson Heeren, seconded by Councilperson Shaver, to approve the first reading of Ordinance #442, “An Ordinance Amending The Code Of The City of Madrid, Iowa, 1999, By Amending Chapter 92 “Water Rates”, Subsection 2 “Rates For Service” And Subsequent Amendments Thereto” and to set the public hearing for June 16, 2008 at 5:30 p.m. in the council chambers. Kilzer informed the Council that Xenia Rural Water District, upon notice of the 3% water rate increase, requested a revenue/expenditure survey be conducted. Kilzer continued that it would not be financially feasible to perform such a study due to the cost involved; Kilzer has declined their request.
Ayes: All Present Motion Carried
Motion by Councilperson Shaver, seconded by Councilperson Chapman, to approve the first reading of Ordinance #443, “An Ordinance Amending The Code Of The City Of Madrid, Iowa, 1999, By Amending Chapter 99 “Sewer Service Charges”, Subsection 2 “Rate” And Subsequent Amendments Thereto” and to set the public hearing for June 16, 2008 at 5:30 p.m. in the council chambers. Kilzer advised the Council the sewer fees will increase 8% and will be equal to the water rates.
Ayes: All Present Motion Carried
Motion by Councilperson Heeren, seconded by Councilperson Burich, to approve by consent agenda the renewal applications for Iowa Retail Cigarette Permits as follows:
Ayes: All Present Motion Carried
The Council noted the invitation to the ground breaking ceremony to be held on June 8, 2008 at 4:00 p.m. for the Habitat for Humanity Home to be built at 301 S. Cedar. Kilzer informed the Council that he will be attending the function as Vice-Chairperson of the Central Iowa Regional Housing Authority board and that they have donated $10,000 to this project.
Councilperson Lincoln advised the Council that he has received a complaint regarding dirt brought into a property which has changed the natural water way and now has created a water problem on the complainant’s property. City Attorney advised Councilperson Lincoln that this is a private property issue.
Motion by Councilperson Burich to adjourn the meeting at 7:26 p.m.; seconded by Councilperson Heeren.
Ayes: All Present Motion Carried
__________________________
Mayor Jeff Gibbons
ATTEST:
__________________________
Todd D. Kilzer
City Administrator / Clerk