City Council Minutes – July 2, 2018

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Madrid City Council
Regular Meeting
July 2, 2018
5:30 p.m.
The City Council meeting was called to order at 5:30 p.m. with Mayor Kurt Kruse presiding.
Present at Roll Call: Nate Samples, Eric Ohrt, Val Chapman, Dave Cook and Lane Shaver.
Other City Officials Present: City Clerk Mary Jo Reese, Deputy City Clerk Deb Biegger, Public Works Director Scott Church, Public Safety Director Rick Tasler, Assistant Fire Chief Scott Maddux, Library Director Angie Strong, Park Board Members Dualla Carlson, Jolynn Carlson and Tom Brown, and Police Officers John Mackey and Bryan Olmstead.
Motion by Councilperson Shaver, seconded by Councilperson Samples to approve the agenda for July 2, 2018.

Ayes: All Present                                                        Motion Carried
Motion by Councilperson Cook, seconded by Councilperson Ohrt to approve the City Council meeting minutes of June 18, 2018 and the Park Board meeting minutes of June 12, 2018 by consent agenda.

Ayes; All Present                                                        Motion Carried
Motion by Councilperson Ohrt, seconded by Councilperson Chapman to approve the claims for July 2, 2018 in the amount of $125,896.04. Chief Tasler asked for clarification of a charge for engineering for a traffic study on Southern Prairie Drive.

Ayes: All Present                                                        Motion Carried
Todd Kilzer of 101 West 22nd Street approached the Council to express his support for the City of Madrid retaining a local police department. He stated that many studies and cost analysis were done over the years and it is not cost effective or safe for the County of Boone to cover the police needs of the community. Councilperson Chapman stated the City Council has not discussed replacing the Police Department. He feels his record as former City Administrator/Clerk has been tarnished and threatened a lawsuit if what he feels are rumors are not stopped.
Tom Brown of 213 Parkview Lane also approached the Council to remind all attendees that by law the Council has the right to establish procedural rules, not the Mayor, and asked the Council to establish procedural rules for Council meetings.
Dale and Leesa Saxton of 717 East 6th Street asked for information regarding updating flood maps with FEMA throughout the City. Scott Church advised there was a lengthy meeting with representatives from FEMA. Mapping for FEMA will take some time to complete. The Council stated their hands are tied until FEMA is ready to proceed forth with the process. In the meantime, individuals can have their property surveyed at their own expense and submit a letter of map amendment to FEMA for consideration in having their property removed from the flood zone.
Shelly Adams of 204 Southern Prairie Drive advised the Council that all houses on the south side of her street have water in the backyard. The Council advised her that unfortunately there is a retention area along the back of those homes that was in the original design. The developer was responsible for making allowances for the drainage area. The City has, in the past, done extensive research into the issue, which also involved the City Engineer.
Jamie Graham of 502 South Main Street expressed concern with comments made by a resident at a previous Council Meeting where residents were requesting the alleyway being closed because of unsafe driving practices by the unnamed person. Graham stated he has spoken to two adjoining property owners who both stated they will not sign the petition to close the alley, not because they are afraid of repercussion by Graham, but because they do not want the alley closed.
Rod Dalton of 421 North Main questioned if any discussions have taken place regarding the mowing of the Dalander Prairie. He asked who supervises Scott Church. Mayor Kruse stated he supervises Church with input from the Council.
Martha Furness of 421 North Main read a pre-prepared commentary about growing up in Madrid. She is saddened by the lack of communication within the City. She feels her son, Nick Furness is an upstanding citizen of Madrid, and should not have been relieved from his duties with the City of Madrid. She asked the Council to re-evaluate that termination. Councilperson Shaver advised that before the Council can discuss any aspects of the situation with Nick Furness, that the Council would need to discuss it in closed session with Nick Furness present. John Jordan reiterated that the Council cannot discussed any private matter in open session. That permission needs to come directly from Mr. Furness, and he will need to request a closed session himself, in writing, if he wishes to have one.
Bob Cervetti of 611 Kingman Boulevard asked that the Council review the termination of Nick Furness.
Lee Barclay of 504 Milwaukee Street approached the Council to express his displeasure that a statement he made during a Council Meeting in April 2018 did not warrant as much space in the meeting minutes as those of another citizen who spoke at the same meeting.
The Council considered a request to approve bids from Art Beek to repair and improve the lighting at the basketball court and the softball field. The cost of the basketball court light would be $2,600, and the softball lighting $855. Motion by Councilperson Samples, seconded by Councilperson Shaver to approve the bids.

Ayes: All Present                                                        Motion Carried
The Council also considered a request from Scott Church to hire an additional public works employee. Church explained that this person would be an additional public works person, and not a replacement for a recently terminated employee. Church feels it is wise to look ahead to the retirement next year of a highly skilled employee. Councilperson Samples asked if the new employee would have been required to obtain all licenses if the there was not a recent termination. Church advised every employee will have the same expectations. Motion by Councilperson Chapman, seconded by Councilperson Cook to approve the hiring of an additional public works employee.

Ayes: All Present                            Nays: Shaver                              Motion Carried
Church reported the annual Water Treatment CCR report was posted in the newspaper and is available on
Nate Samples reported the resignation of Alex Wibe from the Madrid Labor Day Committee. In Wibe’s resignation he noted city funding as one reason for his retirement. Samples asked MaryJo Reese is there was anything in the city funding for Labor Day that would warrant such a comment. Reese replied that she would send another copy of the budget to Samples and invited anyone from the public who has a question regarding the funds being held by the City to visit with her at City Hall. Samples also asked that any additional volunteers attend the next Labor Day meeting. Councilperson Shaver also commented that plans are underway for the Queen Contest.
Library Director Angie Strong reported the sidewalk in front of the Library will be replaced. Entrance to the Library will be through the side door near the meeting room. Upcoming events include Lego Crew, Blank Park Zoo at the Community Room on Monday the 9th, Chess Club, Teen Program, Adult coloring, Pinterest, and movie night.
Jolynn Carlson of the Madrid Park Board reported that Andy Kockler was present options for irrigating the baseball fields. The board is currently looking at ways to repair the tennis courts and possibly move and replace them in the future. The board is also inquiring into holding movies, and concerts in the park. She recently contacted a person who may be interested in removing the cottonwood tree stump at Edgewood Park. The Park Board will co-ordinate the placement of the bench being donated by the Boone Freedom Flight at Cassel Corner Park. Councilperson Chapman mentioned possibly installing a splash pad at Edgewood Park. Carlson stated the project would likely not take place in the short term due to funding and liability. The idea of a skate park was also brought up, and again Carlson stated that there is a huge liability with skate parks and does not recommend one for Madrid.
Tom Brown of the Park Board also addressed the Council to advise of an upgrade in electrical service at the ball fields. The upgrade will be paid for by Madrid Little League.
Dave Johnson of the Boone County Trail Initiative asked the Council for a letter of support as he applies for a State of Iowa Recreational Trails Grant. The grant would be used as the group works to develop a trail from Madrid to Boone. Motion by Councilperson Chapman, seconded by Councilperson Cook to approve the letter of support.

Ayes: All Present                                                        Motion Carried
Mayor Kruse read Ordinance #481,” An Ordinance Amending Title 6, Physical Environment, Chapter 3, Utilities- Water, of the Madrid Code of Ordinances 2018 by adding the following sections.” The public hearing on the matter is set for July 16, 2018 at 5:30 at City Hall. He also read Ordinance # 482, And Ordinance Amending the City Code of the City of Madrid, Iowa, by changing Title V, Human Development – Education and Culture, Chapter 1, Library Services, Subsection 5-1-2, Library Trustees. This reading also sets the Public hearing for July 16, 2018 at 5:30 City Hall.
Assistant Fire Chief Scott Maddux reported plans are underway for the upcoming Fireman’s Ball Street Dance which will be held on July 28th.
Public Safety Director Rick Tasler reported on upcoming training for police officers on a shooting simulator. He reported all reviews for his department are complete and he will have the reviews placed in the employee’s personnel files. The department will also be completing firearms re-certification training. Tasler commented on suspects being arrested on a recent car burglary case, and a case of counterfeit money being passed at Dollar General Store.
Police Officer John Mackey advised the department is still unable to install their email account. He spoke with Shannon Godwin, the webmaster who set up the .org emails. He was also unable to set the account up. He will follow up with Godwin. Mackey feels this there is a security concern as the original email with passwords were sent by Godwin to Kurt Kruse and the Clerk’s office. He is concerned someone may have accessed those accounts and changed the passwords.
John Jordan advised the closed session scheduled for today is being cancelled as one of the attorney’s involved in the latest lawsuit could not attend the meeting today. He stated that all requests for information have been fulfilled. Many documents cannot be released due to pending litigation. He asked that anyone having questions to please call him. Jordan said there are many grey areas concerning confidential information. He recommended the hiring of an IT person to help disseminate public information passed through electronic means.
Motion by Councilperson Shaver seconded by Councilperson Samples to develop a request for proposal for the intent of hiring an IT person for the City of Madrid.

Ayes: All Present                                                        Motion Carried
John Mackey informed the Council of problems with I-Drive backing up their police files. He feels that some police files may have been backed up to a personal I-Drive account. Investigators are currently working on the issue.
Motion by Councilperson Chapman, seconded by Councilperson Shaver to approve the first reading and setting of public hearing for Ordinance # 481.

Ayes: All Present                                                        Motion Carried
Motion by Councilperson Chapman seconded by Councilperson Shaver to approve the reading and setting of the public hearing for Ordinance # 482.

Ayes: All Present                                                        Motion Carried
Motion by Councilperson Samples seconded by Councilperson Ohrt to approve the request for renewal of Liquor License submitted by Tiger Bowl.

Ayes: All Present                                                        Motion Carried
Motion by Councilperson Samples seconded by Councilperson Chapman to approve the setting up of Fund number 603- Parks and Recreation. The Parks and Recreation board requested a separate fund, so they could determine how much of the park budget was available for their use.

Ayes: All Present                                                        Motion Carried
Councilperson Samples advised he has received many inquiries concerning comments being made on social media. He requests that anyone who has a question regarding a post in social media to go to the source of the post. Tony Ortiz feels that Samples as a councilperson should be able to answer those questions. Samples stated he cannot address those comments made on personal social media accounts. Councilperson Shaver explained how the checks and balances works in a City Council environment.
Councilperson Ohrt confirmed what Councilperson Samples stated. He asked that anyone with a question send their inquiries via email to him. He will not monitor social media.
Councilperson Chapman asked that Will Miller address the Council as he has not been able to connect with her outside of meeting time. Mr. Miller expressed his support for the re-hiring of Nick Furness. He feels it would be shameful if the City could not find a place for him within Public Works. Miller also addressed the issue of fireworks. He feels fireworks should be allowed. He was concerned that representative volunteering to selling fireworks last years raised $12,000 for youth organizations. This year because of the restrictive fireworks ordinance the funds received were much lower. Miller asked that everyone, the Council and Mayor refrain from posting negative comments on social media
Councilperson Shaver commented on the efficiency of the canal system in Madrid.
Becky Roorda of 804 West 2nd Street asked that as the Council develops an RFP for hiring an IT person they have a good understanding of Federal and State Laws regarding open records.
Tom Brown of 213 Park View Lane suggested the City of Madrid use a secure server. He suggested the city post a list of all committees with descriptions on the city website, and a portal to apply. This would allow any potential volunteers to easily apply.
Don Lincoln 1672 334th Road addressed the Council in support of having a splash pad at Edgewood Park. He feels a splash pad would help attract young families to Madrid.
Mike Hassebrock of 328 North Main Street thanked the Council for helping him obtain property previously owned by Ron Leitzman. The home has been destroyed. He also spoke in favor of the drainage canal. He also asked for help with having personal property removed from the flood plain. Hassebrock also expressed his support of the Madrid Police Department.
Kari Saxton 623 East 6th Street questioned who Scott reports to. Scott Church reports to the Council and the Mayor. She questioned if the City Council approved hiring of city employees. She thought they should also approve the firing of city employees. Councilperson Chapman stated each department head has the right to manage his own department. Firing an employee falls under that right. She also questioned how a citizen can hear every word said at a meeting if they are unable or unwilling to attend. Some suggestions for the issue involve verbatim minutes, streaming Council meetings onto the website, and listening to meeting tapes at City Hall or the Library.
A resident also asked if a PA system could be installed in the Council Chambers, so all attendees can hear. Councilperson Shaver stated he will look into the matter.
Martha Furness of 421 North Main Street again addressed the Council to inquire if the sets standards for new employees regarding their licenses. Councilperson Chapman explained those details are left to the individual department heads. She does not feel that the Council follows their guiding principles.
City Clerk Mary Jo Reese addressed the audience to encourage anyone who has a question regarding the finances of the City to stop into City Hall and speak with her. Financial records are public records and can be viewed at any time. Motion by Councilperson Shaver, seconded by Councilperson Samples to adjourn the meeting at 7:50 p.m.