The City Council meeting was called to order at 5:30 p.m. with Mayor Pro Tem Lane Shaver presiding.

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Madrid City Council Regular Meeting June 15, 2015 5:30 p.m.

Present at Roll Call: Kurt Kruse, Val Chapman, and Dave Cook.

Other City Officials Present: City Administrator/Clerk Todd Kilzer, Deputy City Clerk Mary Jo Reese, City Attorney John Jordan, Police Chief Rick Tasler, Library Director Angie Strong, Library Board Member Alice Sharp, Fire Chief Ed Pecenka, Park and Recreation Board Chairperson Tom Brown, and Police Officer Neal Cooley.

Motion by Councilperson Chapman, seconded by Councilperson Kruse to approve an amended agenda for June 15, 2015 by adding under 3.)Public Hearing, b.) FY 14-15 Budget Amendment.

Ayes: All Present Motion Carried

Motion by Councilperson Kruse, seconded by Councilperson Chapman to open the Public Hearing at 5:31 p.m. regarding a.) Resolution #30-14-15A “Resolution Approving Proposal to Abandon Alleyway and Convey Real Estate.” And b.) FY 14-15 Budget Amendment.

City Administrator/Clerk Todd Kilzer advised he has received no commentary either electronically, in writing or in person concerning Resolution #30-14-15A.

Motion by Councilperson Chapman, seconded by Councilperson Cook to close the public hearing at 5:32 p.m.

Ayes; All Present Motion Carried

Motion by Councilperson Kruse, seconded by Councilperson Chapman to approve the City Council Meeting minutes of June 1, 2015

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Motion by Councilperson Kruse, seconded by Councilperson Cook to approve the claims for June 15, 2015 in the amount of $66,769.92.

Rhonda Bingman of 820 Raven Lane approached the Council to discuss the newly formed Madrid Community Garden Committee. Bingman sought permission to build a Community Garden at the west end of 4th street near the High Trestle Trail in an area that is city property. The Commission plans to install 26 raised beds to house flowers and vegetables and a small shed. The garden would be enclosed with a chain link fence with two gates for access. Bingman asked the city to consider allowing the Committee to use the city owned property and asked that the city install two yard hydrants at the location. Plans also include picnic tables and benches, artwork and signage at a later date. Bingman stated the Madrid Action Committee and the Madrid Lions Club have each pledged to donate $1,500 to the project. Kilzer asked the Council to consider a donation of $1,500 and to install the water lines needed for the project. Motion by Councilperson Chapman, seconded by Councilperson Cook to allow the city to make the donation and supply the water lines to the area. John Jordan commented there should also be a simple lease agreement drawn up as the Committee plans to locate the garden on City owned property.

Library Director Angie Strong advised Eric Pagel attended the recent Library Board Meeting as its newest trustee member. The Library is currently looking for one more board member and may have someone interested to fill that position. Strong stated the Library held its summer reading kickoff on June 10th with approximately 120 people in attendance. The program continues on June 17th with programming planned for Tuesdays and Wednesdays of each week. As part of the program Dan Wordall of Iowa Public Television will be at the Community Room on Thursday June 18th. Other events include a Dungeons and Dragons for teens on June 20th and a Superhero Training Camp scheduled for June 27th with the Iowa League of Superhero’s in attendance. Storyteller / illustrator Tim Reed will present a program June 29th. So far 175 children have signed up for the summer reading program and Strong hopes

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more will sign up once the program starts. The Library has also started a chess club and encourages anyone interested to contact the Library. Director Strong plans to close the Library the last week in September to allow for the installation of new carpeting, paint, and a newly planned teen area. She would like to host a grand reopening once the work is completed.

Parks and Recreation Board Chairperson Tom Brown advised the Council of the resignation of Park Custodian Sean Wiest. Brown stated he has done an initial walk through of the caretaker’s house and storage shed and he advised there are many cleanup and repair items needed at the house including a drainage problem in the crawl space at the house where the mechanicals are located. These items will need to be addressed before the house is occupied again. Brown discussed with the Council options for keeping Edgewood Park mowed in the absence of a park custodian. The Park Board will consider bids from private companies for mowing before deciding whether to hire a new park custodian. Blades Lawn Care Service is currently mowing the park at a cost of $950.00 per mowing. Brown advised several individuals have expressed interest in the park custodian position; Kilzer stated the city will need to run an ad in the Madrid Register News before hiring for the position.

Brown also advised that the Board was approached by Lynn Depping who offered to remove all the stumps at Edgewood Park for $650.00. The Board accepted the offer and work will start this summer on the project.

Brown thanked Tracy Havlik for her dedication to the Madrid swimming program and indicated Havlik has resigned her position effective with this year’s program. Kilzer recommended the Park Board look at finding a replacement as soon as possible in order to co-ordinate a swimming lesson location for next year.

Brown reminded the Council of the “Parks of Boone County in Your Backyard” program currently underway in Madrid, presented by Boone County Conservation. The group will hold a presentation on fishing on June 16th, Bike Safety at the HTT Trailhead on June 23rd, and composting on June 30th at the Edgewood Park shelter.

Brown informed the Council that the concrete culvert pipe in the playground area will be repainted by children from Tiger Tots. They will paint handprints on the culvert which will then be sealed to preserve the art. The Board plans to

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remove or replace all the rusted grills at the park. Brown thanked the 4H group that cleaned up the butterfly garden at the park and the Girl Scout group that planted and mulched the area. Brown also thanked Ron Hodges, a Parks and Recreation Board member, for his work in cleaning out and replanting the flowerbed at the entrance to the park. Hodges also painted the gate and performed an extensive amount of trimming and cleanup work at the park. Brown inquired if Kilzer had made any progress in hiring the Woodward Academy residents to clean the restroom and cabin at Edgewood Park. Kilzer advised he has attempted to contact them, however has not heard back from anyone at this time.

Fire Chief Ed Pecenka presented the Council with the final draft of the guidelines for driving emergency vehicles. The Council discussed whether or not an individual needing SR22 would be allowed to drive the city vehicles. As the policy is now written, no one needing SR22 insurance will be allowed to drive a city owned vehicle and the Council agreed the verbiage should remain in the policy. Pecenka advised the Council of ongoing engine problems with fire truck #821. The vehicle will be taken to Hanifen Towing for repair. The older fire engine also needs repair work. The Council and Kilzer advised Pecenka to have these vehicles repaired.

Police Chief Rick Tasler stated he will be working on cleaning out the evidence room and removing old items. Tasler advised he will be attending the Labor Day Committee meeting scheduled for June 16th and will be recommending a band to perform at the Labor Day Celebration. Tasler plans to cover the cost of the band with proceeds from a fund raiser he is sponsoring on July 31st at the Flat Tire Lounge. Tasler advised the Council the police department expenses will be coming in under budget for FY 14-15.

Kilzer advised the Council he placed an advertisement to hire a Public Works Foreman in the Madrid New Register. The deadline for application is June 26th. Kilzer would like to have someone hired and available to start work around August 1st. Kilzer also advised he is working with Blacktop Services for asphalt work. The primary focus of work will be East 8th St., West 21st St., and West 2nd St. In addition there are 19 to 20 blocks that will have sealcoating work done. Kilzer anticipates spending $82,000 to $85,000 to

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complete the work. Kilzer stated $10,600 was spent recently to have tree removal done within the city. $5,400 was the cost to remove trees at Edgewood Park, with the remainder for removal of dangerous or diseased trees in other parts of the city. Kilzer informed the Council it will be necessary to spend another $10,000 in July to have the next round of diseased trees removed from the city parking areas. Kilzer commented there are many capital improvement projects scheduled for FY 15-16 which will commence once the rainy weather clears.

The Council considered a request for payment from Van Dyke Appraisals in the amount of $ 1,700. Kilzer explained the appraisals were on properties at 406 W. Water St., 144 W. 2nd St. and 103 W. 6th St. and were done for the purpose of possibly purchasing those properties in the future. Motion by Councilperson Chapman, seconded by Councilperson Kruse to approve the payment to Van Dyke Appraisals.

Motion by Councilperson Kruse, seconded by Councilperson Chapman to approve Resolution # 30-14-15A “Resolution Approving Proposal to Abandon Alleyway and Convey Real Estate.” Kilzer reminded the Council this resolution pertains to the alleyway located between Midwest Technologies and the building owned by Brad Nerem.

The Council reviewed the FY 14-15 Budget Amendment. Kilzer commented the primary adjustment to the budget is in capital improvements. Motion by Councilperson Cook, seconded by Councilperson Kruse to approve the FY 14-15 budget amendment.

Motion by Councilperson Chapman, seconded by Councilperson Cook to authorize Mayor Pro-Tem Shaver to sign off on FY 14-15 year end claims. Kilzer asked that John Jordan remind the Mayor that he has not made committee appointments for 2015 yet.

Motion by Councilperson Kruse, seconded by Councilperson Cook to approve a request for Approval from the Flat Tire Lounge for a special liquor license to include outdoor service.

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The Council considered a request for renewal of tobacco permits from Casey’s General Store, Dollar General Store, Git-n-Go Convenience Store, The Market of Madrid, and Madrid VFW. Motion by Councilperson Cook, seconded by Councilperson Kruse to approve the renewals by consent agenda.

The Council reviewed a Thank you letter received from Community and Family Resources for the city’s recent donation to the organization.

Nathan Coenan of 716 Taylor Lane approached the Council to question how setbacks are determined when building a property. His understanding was that a “front yard” setback should be 30’. Coenan advised his neighbor is building a home with a setback of only 27.5 feet. Kilzer stated as the Planning and Zoning Administrator he can examine the adjustment request from the homeowner and determine the severity and effect of the request to adjacent property. If Kilzer feels there is a severity issue, the matter goes before the Planning and Zoning Committee. Coenan feels that he, as an adjacent property owner, should have been allowed input on the decision. Kilzer advised he was told by Randy Burkhart the owner building a new home that he had drawn up legal paperwork to acquire an easement from Coenan in order to build his home closer to the property line. Coenan stated he never signed an easement agreement with Burkhart and was upset that the adjustment was granted without his approval. Kilzer stated he saw paperwork which Burkhart had drawn up, which was not signed by Coenan. Burkhart had advised Kilzer in a previous conversation that Coenan had agreed to sign the paperwork. Kilzer stated at this point the issue is a legal situation between property owners and Coenan will need to take legal recourse against Burkhart in the matter if he so desires. Coenan also stated the Burkhart property has a 100’ egress and ingress to allow Burkhart to drive across the property Coenan asked if he could have any vehicles parked on the egress/ingress towed. Police Chief Tasler advised him that the city does not tow vehicles on private property, however Coenan could have the vehicles towed at this own expense and liability. Kilzer stated Taylor Lane is a private road, not a legally recognized road of the City of Madrid. Councilperson Chapman questioned how Burkhart was issued a permit for building with this easement issue outstanding. Coenan asked what the setback is for the rear of the property, Kilzer advised the home cannot be built less than 35” feet from the rear property line, and relies on the building inspector to advise on these matters. Councilperson Chapman questioned how

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this variance was given to Burkhart without him having documents signed by Coenan. Mayor Pro-Tem Shaver stated he feels the matter is between two homeowners, but Coenan feels since the city is the one issuing the permits it is a city matter also. Kilzer advised the variance was granted in order for the home to be turned and built with the proper side and rear yard requirements. Kilzer stated again it was his understanding that Burkhart had obtained the necessary agreement with Coenan. Coenan also asked how much of the rear yard can be used for additional building. Kizler advised a property owner cannot take up more than 30% of their side or rear yard space with extra buildings, not including the house. Coenan asked how grading is determined on a home site. Kilzer stated grading issues are between property owners.

Motion by Councilperson Chapman, seconded by Councilperson Cook to adjourn the City Council Meeting at 6:35 p.m.

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Lane Shaver Mayor Pro Tem ________________________

Attest:

Todd D. Kilzer