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Madrid City Council Regular Meeting June 20_ 2011 The Council

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Madrid City Council Regular Meeting June 20_ 2011 The Council Powered By Docstoc
					Madrid City Council
Regular Meeting
June 20, 2011

The Council meeting was called to order at 5:31 p.m. with Mayor Jeff Gibbons presiding.

Present at Roll Call: Steve Burich, Lane Shaver, Val Chapman, Mike Heeren, Don Lincoln

Other City Officials Present: Police Chief Rick Tasler, City Administrator / Clerk Todd Kilzer, Deputy City Clerk Donna
Havlik, Fire Chief Jim Murry, Library Director Angie Strong, Library Board Trustee Phyllis Johnson and City Attorney
John Jordan.

Motion by Councilperson Shaver, seconded by Councilperson Heeren, to approve the agenda.
Ayes: All Present                                                   Motion Carried

Motion by Councilperson Heeren, seconded by Councilperson Shaver, to approve the City Council meeting minutes
of June 6, 2011 and the Library Board meeting minutes of May 10, 2011.
Ayes: All Present                                                     Motion Carried

Motion by Councilperson Burich, seconded by Councilperson Shaver, to approve the June 20, 2011 claims totaling
$23,006.02 and the May financial reports.
Ayes: All Present                                                Motion Carried

Fire Chief Murry reported to the Council that the radio antenna will eventually be moved to the south and on the very
southwest corner of the library property to make room for the building addition. The estimated cost will be $8,000.00
and 911 funds will cover this expense. Alliant Energy has agreed to replace and set the antenna pole at no charge.
Murry also reported two bicycle accidents on the High Trestle Trail over the June 18-19, 2011 weekend.

Library Director Strong reported that Phyllis Johnson will retire from the Library Board at the completion of her
appointed term ending June 2011. Strong and the Council expressed their appreciation to Mrs. Johnson, who was
present at the Council meeting, for her 29 years of dedication and service to the library board.

Strong also reported there were 100 in attendance last week and 95 in attendance this week for the children’s
summer read program. The teen program will begin July 16, 2011 with additional programs following through August
10, 2011.

Motion by Councilperson Heeren, seconded by Councilperson Chapman, to approve the Library Board’s appointment
of John Pierce. Pierce’s term will be for six years, effective from July 1, 2011 through June 30, 2017.
Ayes: All Present                                                           Motion Carried

Becky Roorda, Friends of Boone County Trail and Chairperson of the Boone County Conservation Board, addressed
the bicycle accident on the High Trestle Trail on June 28, 2011. It was her understanding that the bicycle accident
was a water related accident. The Boone County Conservation Board did place a sign stating “slippery when wet” by
the following morning. The trail engineers are in the process of working on the south ditch so there will be a place for
water to drain and possibly put in a culvert to prevent standing water issues.

Roorda had also submitted a memo regarding the Flat Tire Lounge’s recent proposal for an expanded easement to
allow for sidewalks and bike parking. It was noted by the Council that the expanded easement area from the trail
right of way was approved by the Trail Committee. They did stipulate however that if the easement is granted by the
City, it should be clear that the area south of the fence is not to be used for bicycle parking nor are bikes to be leaned
against the south side of the fence or deck.

Kilzer advised the Council that based on Roorda’s commentary and from what was proposed and discussed at the
Friends of the Trail meeting, that an easement should be created. Councilperson Heeren recommended that the
proposed fencing be placed on the owner’s property line to prevent additional liability. Councilperson Heeren
suggested to allow 2 - 10’ wide access bike paths to the building. Kilzer understood from what was discussed at the
June 6, 2011 Council meeting that he was to meet with Curt Perkins, representatives of Flat Tire, and City Attorney to
discuss what would be feasible for an additional easement. Perkins informed Kilzer that he did not feel it was
necessary for him to be present for an easement discussion as he would agree to whatever the City and Flat Tire
worked out. Jordan advised the Council that an additional easement must be between the property owner and the
City. Kilzer suggested that the Council make a recommendation that could be transcribed into an agreement with the
core elements of the agreement be stipulated and a vote taken. Open discussion followed regarding location of
sidewalks and fencing in respect to the trail and the amount of ground needed to be stipulated in the easement.
Kilzer mentioned also that Larry Shoeman had stopped in to City Hall to discuss additions to the Perkin’s Quonset
building and Kilzer was uncertain how additions would affect the placement of the sidewalks. Attorney Jordan
suggested that Flat Tire’s surveyor stake out a point of reference to map out the placement of proposed sidewalk and
proposed catering operation. This would assist in creating a legal description for defining the easement area. Kilzer
advised the Council that they in essence, by granting additional easement ground without a specified purpose,
opening the City up to conjecture when someone else approaches the City Council about using City land along the
trail. Jordan stated that this has been discussed before and precedence has been set and we are now considering
the possibility of another easement agreement. Councilperson Lincoln commented that he did not have a problem
giving Perkins an easement for the sidewalks or the fence but was concerned of the precedence that will be set.
Jordan recommended an amendment to the original easement. Kilzer added that should the Council decide on an
amendment to the original easement, the agreement should include the City in the indemnification. Councilperson
Shaver made the motion to grant an additional easement of 10’ back to the north where Flat Tire proposed to place
their fence. Kilzer recommended that Shaver amend his motion to be reflective of what is shown on the map of June
16, 2011 because that map shows the property line variances. Motion by Councilperson Shaver to amend his motion
to be reflective of what is shown on the June 16, 2011 map with the fence put in with the existing steps on the south
side closed. Councilperson Chapman seconded the motion and added with the stipulation that this is being granted
due to safety issues and with Curt Perkins approval. Councilperson Lincoln agreed with the motion if adding
restrictions of what can be placed on this additional ground. Councilperson Shaver made the motion, seconded by
Councilperson Chapman, to instruct City Attorney John Jordan to work with the parties involved to create an
addendum to the existing easement as specified by the motion made by the City Council and the motion is that there
will not be any encroachment any closer than 12’ or further than what is specified on the June 16, 2011 map per the
commentary of the Bike Trail Committee.
Ayes: Burich, Shaver, Chapman, Lincoln
Nays: Heeren                                                            Motion Carried

Police Chief Tasler reported to the Council that the 2008 Ford Explorer has been ordered from Joe Watt Auto Sales
from Vinita, Oklahoma as approved at the June 6, 2011 Council meeting. Tasler mentioned that the patrol car should
arrive around the end of July 2011.

Kilzer presented the 2010 Water Quality Report for the Madrid Water Treatment Facility for the Council’s review.
Kilzer informed the Council that the report consists of the sampling and testing results through the calendar year
2010. The report reflected no violations or concerns detected from water testing and that Madrid has very good/high
quality water. Kilzer pointed out that Madrid’s detected nitrate level is 1.1 which is far below a contaminate level of
concern of 10. Kilzer advised the Council that The Des Moines Register newspaper article regarding Xenia’s nitrate
level does not affect Madrid water quality. Madrid and Xenia share water systems although Xenia has their own
water production facility near Bouton, Iowa.

Kilzer reported to the Council that he is working with various Department of Transportation officials to get additional
curb and gutter work added to the Highway 17 project. Originally there was to be 1200 linear feet of curb and gutter
although there is another 1200-1300 linear feet that needs to be replaced. There seems to be some opposition from
the general contractor and the DOT due to weather and time issues. Kilzer advised the Council that should the
additional curbing take place, there will be additional expense involved. Kilzer stressed there will never be a better
time to have the work done nor will it be any cheaper than right now. Councilperson Lincoln questioned where we
                                                                                                                     st
were asking to replace existing curbing. Kilzer responded that it would be to replace the existing curbing between 1
             nd
Street and 2 Street on both sides.

Kilzer advised the Council that the City continues to work with the original adjacent property owner to the drainage
area to create a detention pond. That property owner has requested that the City solicit input from another adjacent
property owner to the north. Kilzer has spoke with that owner and he is willing to sell however; at a price that the City
cannot afford. The individual was asking what would be considered a developer’s price per acre. Kilzer will continue
to negotiate with the initial property owner and he believes an agreement can be reached.
Kilzer also informed the Council that the City will proceed forth with the sanitary sewer phase of the overall CDBG
project. Kilzer reiterated there will be the sanitary sewer line replacement in the southwest part of Madrid. Kilzer
added that basically a vast majority south and west of the High Trestle Trail will have had the sanitary sewer lines
relined at the completion of this project.

Kilzer stated that due to stormy weather, the Public Works Department is behind in the replacement of storm sewer
                                                                                            th
intakes. Several intakes have been started with only one being completed. An intake at 7 and Market Streets will
take additional pipe, cutting across the road, and installing an additional storm sewer intake to make it structurally
sound. The Public Works will continue this project toward Edgewood Park.

The Council considered a wage increase for non union employees. Kilzer advised the Council that there was a 3%
wage increase for union employees built in to the July 1, 2011 – June 30, 2014 International Union Of Operating
Engineers Agreement for July 1, 2011. Kilzer pointed out that it would be necessary for the Council to determine
what they want to pay the non union employees. Councilperson Lincoln commented that Kilzer should accept that
wage increase and not forfeit the increase as he has previous done in the past. Motion by Councilperson Heeren,
seconded by Councilperson Chapman, to approve a 3% wage increase for all non-union employees effective July 1,
2011.
Ayes: All Present                                                   Motion Carried

Kilzer announced a .86% decrease in Blue Cross/Blue Shield health insurance renewal plan premium. Kilzer noted a
lower claims ratio had brought about a decrease when many other cities were seeing mid-single digit increases.
Motion by Councilperson Burich, seconded by Councilperson Shaver, to renew the Blue Cross/Blue Shield health
insurance policy.
Ayes: All Present                                                   Motion Carried

Kilzer drafted a letter of concern on behalf of the Council regarding the Madrid U.S. Post Office’s substantial
operational changes. Kilzer believed that the operational changes would adversely affect Madrid’s services. An
additional concern would be if future changes would include the closing of the Madrid post office. Motion by
Councilperson Heeren, seconded by Councilperson Shaver, to authorize City Administrator/Clerk Kilzer to send the
letter of concern to Consumer & Industry Contact Division of the postal service.
Ayes: All Present                                                        Motion Carried

The Council considered an invoice from the Iowa League of Cities for membership dues. Motion by Councilperson
Shaver, seconded by Councilperson Heeren, to approve payment in the amount of $1,097.00 for the FY 2011-2012
membership dues to the Iowa League of Cities.
Ayes: All Present                                                   Motion Carried

Kilzer advised the Council that he, the Utility Billing Clerk, and the Deputy City Clerk viewed municipal utility billing
and accounting software as presented by Data Technology. Kilzer believed that the minimum steps to obtain
pertinent data and the simplicity of the system would be an overall asset for the City. Kilzer’s recommendation would
be for the Council to consider the purchase of the software and will have a formal presentation at the July 5, 2011
Council meeting.

Kilzer had mentioned at the Budget Workshop meeting in January 2011 that he would need to purchase a new
computer. He added that his 2003 computer has been updated on two occasions but the operating system can no
longer receive emails from the newer systems. Kilzer will begin shopping for a computer to replace his outdated
computer.

Kilzer submitted a document to the Council that will allow the City to seek bids for the sanitary sewer rehabilitation
portion of the CDBG project. Motion by Councilperson Chapman, seconded by Councilperson Lincoln, to approve
Notice To Bidders for the 2011 Flood Improvements Project.
Ayes: All Present                                                      Motion Carried

Kilzer informed the Council that The Common Thread Consortium that he and other City Officials formed is designed
to enhance the development of communities through the identification, enhancement and promotion of opportunities
for area tourism, history, recreation, education, arts and economic development. Motion by Councilperson Chapman,
seconded by Councilperson Burich, to approve Resolution #21-10-11, “Resolution Approving The City Of Madrid’s
Participation In The Common Thread Consortium”. The resolution includes the appointment of Todd D. Kilzer as the
representative and Lane Shaver as the alternate for the City of Madrid.
Ayes: All Present                                                       Motion Carried

Motion by Councilperson Heeren, seconded by Councilperson Burich, to authorize Councilperson Lincoln, the
Finance Chairperson, to sign off on the FY 10-11 claims.
Ayes: All Present                                            Motion Carried

Motion by Councilperson Lincoln, seconded by Councilperson Heeren, to reschedule the next Council meeting to
Tuesday, July 5, 2011, due to the July 4, 2011 holiday. The Council meeting will begin at 5:30 p.m.
Ayes: All Present                                                      Motion Carried

The Council received a notice from Mediacom advising them of channel changes and, a letter from Boone County
Family Medicine announcing the departure of Jerald J. Phipps, D.O. at the Madrid Family Practice Clinic.

Mayor Gibbons requested a motion to go into executive session. Motion by Councilperson Chapman, seconded by
Councilperson Burich, to postpone the regular Council meeting and go into an executive session at 7:03 p.m. as
provided in accordance with Iowa Code 21.5 ( 1 ) ( c ) for pending litigation.
Ayes: All Present                                                          Motion Carried

Motion by Councilperson Burich, seconded by Councilperson Shaver, to reconvene the regular Council meeting at
7:12 p.m.
Ayes: All Present                                                Motion Carried

When reconvened, no formal action was taken as a result of the executive session.

Motion by Councilperson Heeren to adjourn the meeting at 7:13 p.m.; seconded by Councilperson Burich.
Ayes: All Present                                                     Motion Carried




                                                              ___________________________
                                                                     Mayor Jeff Gibbons


ATTEST:




___________________________
Todd D. Kilzer
City Administrator/Clerk

				
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