City Council Minutes – November 19, 2018

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Madrid City Council

Regular Meeting     

November 19, 2018

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: Nate Samples, Steve Burich, Marvin Ostrander, Chuck Rigby. Lane Shaver was absent.

Other City Officials Present: City Clerk Mary Jo Reese, Public Works Director Scott Church, Public Safety Director Rick Tasler, Library Director Angie Strong, City Treasurer Don Fatka, and Fire Chief Jim Murry. City Attorney John Flynn arrived at 5:37 p.m.

Motion by Councilperson Ostrander, seconded by Councilperson Rigby to approve the agenda for November 19, 2018.

Ayes: All Present                                                                 Motion Carried

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

Motion by Councilperson Samples, seconded by Councilperson Rigby to approve the City Council Meeting Minutes of November 5, 2018 and the Library Meeting Minutes of October 9, 2018 by consent agenda.

Ayes: All Present                                                                 Motion Carried

Motion by Councilperson Samples, seconded by Councilperson Burich to approve the claims for November 19, 2018 in the amount of $121,737.46.

Ayes: All Present                                                                 Motion Carried

Kurt Kruse of 805 South Main Street, Madrid, approached the Council to ask if the records request he submitted would be answered. Mayor Brown advised the Madridiowa.org web address has not been functional for the Mayor and Councilmembers. He will proceed with the records request as soon as possible.

Mayor Brown advised the Madrid Area Chamber of Commerce will meet at the SAM center the 1st Wednesday of the month. Kurt Kruse advised detailed of the Christmas Extravaganza set for Saturday, December 1st.

Mayor Brown stated he received input from two citizens regarding updating the ordinance pertaining to boards and commissions.

The Council considered a request for approval of Pay App 2 for work on the drainage canal. The amount of the invoice from Construct is #107,042.68. There will be a final bill from Construct at a later time. Motion by Councilperson Samples, seconded by Councilperson Burich to approve payment to Construct.

Ayes: All Present                                                                 Motion Carried

Motion by Councilperson Ostrander, seconded by Councilperson Rigby to approve Pay App 2 from Mannatt’s in the amount of $6,221.35. This is the final payment for work on East 6th Street.

Ayes: All Present                                                                 Motion Carried

Motion by Councilperson Rigby, seconded by Councilperson Burich to approve a “Notice of Acceptability of Work” for the East 6th Street paving project.

Ayes: All Present                                                                 Motion Carried

Scott Church advised that public works employee Kendall Hilsabeck has resigned his position with the City of Madrid to return to his former position with the City of Boone.

Church reported Accuject has cleaned and televised one fourth of the sewer pipes in Madrid per their  contract with the City. This was primarily the NE corner of town, the elementary school and the Madrid Home. There is one area of collapsed pipe near Gerald Street which will need to be repaired at some point in the future.

Church stated Christmas lights will be placed in the uptown area during the week of November 29th.

Library Director Angie Strong introduced a Library Fine Policy to the Council. She reported the library has received Direct State Aid in the amount of $1,797.93 and a check from Open Access/ Interlibrary Loan in the amount of $577.88. Strong has filled out form 470 to receive a 60% saving on internet connections. Strong advised she held a staff meeting and has also done required trustee training. During the Christmas Extravaganza the Library will be open from 9-6 with decorated trees in the meeting room for viewing. Cookies and Cider will be served from 3-6 and a silent auction will take place from Tuesday November 27th to Tuesday December 4th. Upcoming programs include Chess, book discussion and early out crafternoon.

Motion by Councilperson Burich, seconded by Councilperson Ostrander to approve the resignation of Carol Truckenmiller from the Parks and Recreation Board.

Ayes: All Present                                                                 Motion Carried

The Council discussed the removal of the stump from the cottonwood tree at Edgewood Park. Motion by Councilperson Samples, seconded by Councilperson Ostrander to remove the stump. Scott Church advised there was already a bid made for removal of the stump. It was stated it is not feasible to save any portion of the stump as it has become unstable and bark is falling from the stump into the roadway. Nancy Christensen commented she would be willing to work on a memorial replacement for the stump which would be placed near the stump’s location at the park.

Ayes: All Present                                                                 Motion Carried

Fire Chief Murry discussed the two bids received for the repair of the tanker truck. He recommended using Feld Fire at a cost of $1,235. Motion by Councilperson Rigby, seconded by Councilperson Burich to approve the bid.

Ayes: All Present                                                                 Motion Carried

Murry reported the Fire Department will be starting a fire extinguisher campaign. Fire extinguishers may be picked up at City Hall and the Madrid Police Department. Murry also reported six members of the department attended an EMS conference in Des Moines. The department will be purchasing two sets of fire gear with money from fundraisers. Approximate cost of the gear will be $4,000. They will also be purchasing five air bottles for air-paks at a cost of around $5,000. Murry asked the Council for an update on the progress of the proposed Public Safety building. Mayor Brown asked Murry to provide a historical update of the project for the new Council. Murry also mentioned the possibility of providing pay for fireman. He would like to discuss that project for the next fiscal year.

Public Safety Director reported a tire repair on the Tahoe Police Vehicle. Tasler asked the Council to approve Officer Bryan Olmstead to add an additional line to his personal phone plan for use during work hours. He would then be reimbursed by the city for this line. There is currently no policy for cell phone usage, purchases or gun purchases. Mayor Brown asked that Tasler develop a policy for these issues. Kurt Kruse had previously requested information on vehicle repairs for the Crown Victoria police vehicle. The vehicle was kept as the valuation of the vehicle was low and it was decided the Police Chief would keep the vehicle to use for responding to emergencies during off duty hours. The vehicle is fully functional as a police vehicle. Tasler agreed to cover maintenance of the vehicle, but not repairs of the vehicle.

Mayor Brown stated the Security Audit and Change reports received from J & D Computers are available on the website. Councilperson Samples explained that once the security audit was received it was decided to replace the computers with more updated computers, purchase domain names, Madridiowa.org and Madridiowa.com. Several deficiencies in security were found which caused significant labor costs to replace and install servers. Mayor Brown added there were two events where the city’s systems were accessed. Log files were deleted during those breaches. Another event happened during a breach of the water plant computer. Some of these matters may need to be reported to other agencies, as some information that may be required for Freedom of Information Act requests may not be accessible from the tables used by the Mayor and Councilmembers. The Change Report outlines what changes have been made to secure the computer system for the City of Madrid. He advised there will be additional charges for the upgrade of the computer system that were not included in the original scope of work for the original contract. The City has also filed a claim with the insurance carrier for cyber insurance.

Motion by Councilperson Burich, seconded by Councilperson Samples to approve the first half payment to Paul and Kim Peters  for the FY 18-19 TIF rebate in the amount of $5,837.50.

Motion by Councilperson Ostrander seconded by Councilperson Samples to approve the Annual Financial Report for FY 18.

Ayes: All Present                                                                 Motion Carried

The Council considered a purchase agreement received from Steve and Robin Magnani to purchase the property currently owned by the City at 118 North Kennedy Avenue for a purcase prise of $34,400. City had recently counter-offered the first bid by Magnani. Magnani agrees to remove the structure within 90 days, however due to the time of year, and weather involved, he may request additional time. Motion by Councilperson Samples, seconded by Councilperson Burich to approve the bid received from the Magnani’s stipulating 180 days from closing  to remove the building.

Ayes: All Present                                                                 Motion Carried

The Council discussed a request from HIRTA to appoint a member to the HIRTA board. The Council asked for more information on what the appointment involves before making a decision on the matter.

City Clerk, Mary Jo Reese shared information gathered regarding the usage of the SAM Center. The center is currently used for small resident meetings, cribbage tournaments, MAC meetings and senior meals. Mayor Brown feels the building could be utilized for the MAC office as opposed to paying the Madrid Historical Society for renting office space. Residents commented using the space for MAC would be a sensible use of space. Mayor Brown would like to make the community more aware of the availability of the building for rentals. The SAM Center is also looking for volunteers to serve on their board.

Attorney John Flynn advised the City’s insurance company has settled the Brewer lawsuit for $80,000 on a compromise settlement basis. The City is responsible for paying the deductible of $1,000. Flynn stated he is currently working on the open records request previously submitted by Kurt Kruse. He will make sure any open records request is fulfilled. He commented that an open records request should be for documents and not answers to comments. In the matter of Jessica Geneser’s complaint against the Madrid Police Department, he will not be able to investigate the matter due to a conflict of interest in that he has represented Geneser’s husband in past matters.

Motion by Councilperson Samples, seconded by Councilperson Rigby to open a closed session in accordance with Iowa Code 21.5()(i), to discuss matters pertaining to personnel.

Once the open session reconvened, a motion was made by Councilperson Samples, seconded by Councilperson Ostrander to accept the resignation of Nick Furness effective immediately.

Ayes: All Present                             Abstain: Burich                       Motion Carried

Councilperson Burich has received complaints regarding the Public Safety building issue. He stated the sidewalk at 4th and Main Streets needs to be repaired. He also received a complaint regarding the City’s fireworks ordinance. Mayor Brown stated that anyone having a recommendation for an ordiance change should bring the matter to the Council after researching the matter.

Jeff Fischer of 2082 T Avenue asked to be able to access the wi-fi at the City Shed for the their laptop at the Cub House. The matter will be placed on the agenda for the next City Council Meeting.

Mayor Brown advised he met with Taylor from Bowman and Miller CPA firm to discuss the annual financial audit. He will be presenting the audit to the Council and the public at the next City Council meeting.

Motion by Councilperson Rigby, seconded by Councilperson Ostrander to adjourn the meeting at 4:50 p.m.