Contains Informal Agreement with IPIB

(amended 2/6/23)
The City Council of the City of Paullina, Iowa met on Tuesday, September 6, 2022, at 5:30 p.m., in regular session in the Council Chambers, City Hall, Paullina, Iowa, pursuant to law.
Pledge of Allegiance was led by Mayor Brenda Ebel Kruse.
The meeting was called to order by Mayor Ebel Kruse at 5:30 p.m. In the Chair, and the roll being called, the following Council Members were present for a quorum:
Present: Steve Heeren, Carol Honkomp, Jay Jones, Lexy Murphy, Jean Unrau
Absent: None
Motion by Unrau, second by Honkomp to approve the September agenda with amendments to remove Item 10 & clarify Wise’s title on letterhead. All ayes. Motion carried.
Motion by Murphy, second by Unrau to approve the minutes for the August 15, 2022 regular meeting. All ayes. Motion carried.
The Council received May & June 2022 Treasurer’s Reports from Johnene Altman for review. Motion by Honkomp, second by Murphy. All ayes. Motion carried.
Motion by Unrau, second by Honkomp to approve payment of claims. After discussion, all ayes. Motion carried.
At 6:08 p.m., the Mayor declared the public hearing open for the proposed revenue purpose statement related to the franchise fee on energy providers operating in the City of Paullina. Wise stated that no oral or written comments had been received. No one present spoke up. Mayor Ebel Kruse declared the public hearing closed at 6:09 p.m.
Mayor: Storm response & clean-up of wind damage was handled well by Fire Dept. & city crew with support from a City of Primghar lineman & other citizens. Another record request was fulfilled. IPIB requests the City develop a records policy & a training session on Iowa Code Chapters 21-22 for the Council in next 90 days.
Supt of Utilities: Top reviewed his crew’s activities & brought the new digger truck for Council members to see. He highlighted a portable hydrant & gate valve exerciser tool that can be jointly purchased to share with Primghar. Suggested USA Bluebook option that uses Milwaukee batteries.
Motion by Murphy, second by Heeren to jointly purchase portable hydrant and gate valve exerciser from USA Bluebook with Primghar. All ayes. Motion carried.
Kevin Carpenter of Silversmith Data presented info on GIS tracking for mapping that would also benefit the Fire Dept. He will provide training & setup soon.
Business:
Jones moved that the proposed ordinance entitled “ORDINANCE TO ALLOW BLACK HILLS ENERGY TO COLLECT 1% FRANCHISE FEE FOR THE CITY OF PAULLINA” be placed on file for the third & final time. Unrau seconded. Roll call vote results:
AYES: Heeren, Honkomp, Jones, Murphy, Unrau
NAYS: None
Whereupon, the Mayor declared the motion carried and said proposed ordinance was approved for final filing. Lynn Porter from Black Hills Energy said it would take 2-3 months to start.
Council discussion on IPIB requested training, video request & creation of records release policy within 90 days. Motion by Honkomp, second by Unrau to approve IPIB Informal Resolution 22FC:0050. All ayes. Motion carried.
INFORMAL RESOLUTION 22FC:0050 Mari Radtke and the City of Paullina
Mari Radtke filed formal complaint 22FC:0050 on May 26, 2022, alleging that the City of Paullina (City) violated Iowa Code chapter 22. Ms. Radtke alleged that on May 26, 2022, she requested a copy of video footage from city hall. She was quoted a fee of $60.00 for the record. She alleged that when she requested additional information concerning the actual costs, the City mayor stated that it was for two hours of the clerk’s time at $30.00 per hour. On June 4, 2022, the mayor responded to the complaint. The mayor noted that the city clerk was no longer employed by the City, and the deputy clerk works part-time. She noted that the City’s telecommunications provider has assisted the City in retrieving the requested record. The mayor also noted that she “spent more than 6 hours of my personal time trying to fulfill” the request. The City mayor also stated that it was a complicated process to copy digital video. She added that the fee quoted was estimated based upon what she thought the new clerk would be paid when the vacancy was filled. She also stated that unless Ms. Radtke was willing to use the City form for her records request, the City would not retrieve the requested record. Iowa Code section 22.3 allows a government body to charge reasonable fees, based upon actual costs, for the examination and copying of a public record. An amendment to Iowa Code section 22.3 was signed into law in May 2022 and became effective on July 1, 2022. According to the new language of lowa Code section 22.3, the actual costs should also be “reasonable” and ‘’directly attributable to supervising the examination of and making and providing copies of public records.” Iowa Code section 22.4(2) 22.2(1) also allows a person to examine and copy a public record in person. Iowa Code chapter 22 does not require a person to complete a form prior to viewing or copying a public record. The Iowa Public Information Board (IPIB) accepted the complaint on August 18, 2022. Pursuant to Iowa Code section 23.9, the parties have agreed upon the following terms for an informal resolution allows a person to request records “(i)n writing, by telephone, or by electronic means.” Section of this matter:

1. The City of Paullina shall acknowledge that Iowa Code chapter 22 allows a government body to charge reasonable fees for the fulfillment of a public record request based upon actual costs.
2. The City of Paullina shall acknowledge that Iowa Code chapter 22 does not require a record requester to complete a form prior to releasing public records.
3. The City of Paullina shall adopt a records release policy, including fees to be charged to fulfill a record request. A copy of this policy shall be provided to the IPIB for approval.
4. All members of the Paullina City Council and the Mayor and City Clerk shall attend training on Iowa Code chapters 21 and 22 during an open and public meeting, to be scheduled and presented by the Iowa League of Cities, the city attorney, or other presenter approved by the IPIB.
5. The Paullina City Council shall approve this Inf01mal Resolution at an open and public meeting and shall include this Informal Resolution in the official minutes of said meeting.
   All terms of this Informal Resolution shall be completed within 90 days of the date of approval of this Info1mal Resolution by all parties. Upon showing proof of compliance, the IPIB will dismiss this complaint as successfully resolved.
   Police: Officer Morton reported that a Sheriff’s radar cart is now positioned on South Maple Street after numerous complaints of speeding trucks & traffic. He felt it was helping.
   Fire: Chief Ryan Harper said the new truck would be ready very soon & requested payment in full of $248,102 be sent so nothing would be delayed for final inspection & pickup in Des Moines.
   Motion by Heeren, second by Murphy to approve payment of $248,102 for the new fire truck as under contract. All ayes. Motion carried.
   Harper expressed the need to create direct-bill and HAZMAT ordinances to update our services for payment. He will bring it to the next meeting.
   Honkomp suggested the City covers $85,000 for the ambulance & asks the Ambulance to pay $37,210 for the installed power lift cot. Former ambulance will become the Fire Chief’s/Command Center vehicle. Unused vehicles will be sold. Motion by Murphy, second by Honkomp. All ayes. Motion carried.
   Council Committee Reports:
   Airport Manager Brian Fisch presented some annual info & answered Council questions. Ag State sprayed 71,000 acres at .35/ac under contract. Payment from corporate is expected. Discussion of rates. LeMars company used our runway too so will clarify billing. Building is repaired & will be winterized. He continues runway light replacement. A grain bin was offered to use. Terminal is currently 26’x28’ but high water table causes rotting concerns. Thanks to city crew for cleaning up large tree that fell from storm.
   Discussion of numerous building permits & nuisance properties. Wise offered to do courtesy visits prior to sending letters. Repairs requested for the sidewalk in front of City Hall/Laue Room & inquiry about timing of businesses in charge of pouring concrete to fix sewer repair area on N Main.
   Open comment: Resident Charles Bailey works for Bayer & asked about creating a teaching garden/pollinator habitat for educational purposes related to the school. He was advised to ask them for permission.
   Council comments on automatic direct deposit for payroll & related updates to employee handbook regarding paydate moving off Mondays.
   Ihle questioned if CompuWiz was on claims & it was clarified all have been paid to date. Mayor asked if web hosting was prepaid for 3 years until April 7, 2023. He confirmed.
   Motion by Unrau, second by Honkomp to adjourn. All ayes. Motion carried. Meeting adjourned at 8:00 p.m.
   Respectfully submitted,
   Scott Wise, City Clerk/Administrator
   ATTEST:
   Brenda Ebel Kruse, Mayor
   Published in O’Brien County’s Bell-Times-Courier Feb. 23, 2023

LEGAL NOTICE
The Board of Directors of Community Cable Television Agency of O’Brien County met in regular session at the Sanborn office on Tues, Jan 17, 2023, at 7:00 AM, with Kelly O’Brien, Rodd Holtkamp and Larry Schwebach. Absent: Steve Leng and Chas Biery. Others present: DJ Weber, Gary Lansink and Jaron Benz.
Motion by Holtkamp second by Schwebach to adopt the agenda. AYES: All. Motion carried.
Motion by Schwebach second by Holtkamp to approve the minutes of the Dec 22 regular session. AYES: All. Motion carried.
Motion by Holtkamp second by Schwebach to approve payment of bills presented. AYES: All. Motion carried.
Motion by Holtkamp second by Schwebach to approve turning delinquent accounts over to collections. AYES: All. Motion carried.
Motion by Schwebach second by Holtkamp to adjourn. AYES: All. Motion carried.
ADGORILLA 1,200.00
ADVANCE MEDIA TECHNOLOGIES INC (AMT) 1,962.89
AT&T MOBILITY / FIRSTNET 197.79
BORDER STATES ELECTRIC 1,130.79
BROMMER SANITATION INC 56.90
CAMBIUM NETWORKS LIMITED 1,005.00
CARDCONNECT 1,084.08
CASEY’S FLEETCARD 623.53
CCI 3,134.49
CHAS BIERY 250.00
CITY OF HARTLEY 384.06
CITY OF PAULLINA 342.91
CITY OF PRIMGHAR 189.78
CITY OF SANBORN 2,837.08
CLEARFIELD INC 17,889.87
CONSORTIA CONSULTING 1,125.00
COUNTRYMAN NETWORK SUPPLY 9,737.25
DEKOTER THOLE DAWSON ROCKMAN KRIKKE PLC 125.00
FACILITY GATEWAY CORP 7,500.00
GREGORY M SCHMIDT 480.00
H&K LAWN CARE LLC 427.70
H&S ELECTRIC LLC 2,957.29
HARTLEY SENTINEL INC 149.30
INTERNAL REVENUE SERVICE 7,958.37
INTERSTATE TRS FUND 422.45
IOWA ONE CALL 147.60
IPERS 9,044.29
KCHE 40.00
KELLY O’BRIEN 150.00
KIWA 728.60
KUQQ 78.75
LARRY SCHWEBACH 299.99
LUMEN 251.10
MARCUS NEWS INC 336.71
MARSHA ELGERSMA 210.00
MID AMERICA COMMUNICATIONS II LLC 861.45
MIDWEST ALARM 147.15
NICHOLSON & EDWARDS GRAIN 200.00
O’BRIEN COUNTY TREASURER 1,197.64
PAYPAL 44.00
PC ADVANTAGE INC 125.00
PINNACLE MARKETING GROUP 1,031.82
POWER & TEL 1,679.14
PRIMGHAR CHAMBER OF COMMERCE 100.00
PRODUCERS COOP 72.00
QUEST DIAGNOSTICS 32.76
RANDYS PHILLIPS 66 1,212.30
RODD HOLTKAMP 300.00
ROVI PRODUCT LLC 720.57
RYDEN EQUIPMENT INC 58.60
RYDEN INC Dba HARRYS MOTOR 8.69
SANBORN BUILDING CENTER INC 50.00
SANBORN SAVINGS BANK 71.78
SNIDERS AUTO CARE CENTER 789.93
STEVE LENG 250.00
SUPERIOR LIGHT TECHNOLOGIES LLC 18,883.00
TCA 307.48
TELEDYNAMICS LLP 182.00
TREASURER STATE OF IOWA 10,924.87
TULSAT 943.20
UNIVERSAL SERVICE ADMINISTRATIVE COMPANY use epay 2,242.56
US POST OFFICE 900.00
USIC LOCATING SERVICES LLC 205.30
VERMEER IOWA 9,762.95
VISA 8,200.19
WELLMARK HEALTH PLAN OF IOWA 23,220.70
WINDSTREAM 39.23
WRIGHT EXPRESS FSC 720.27
Published in O’Brien County’s Bell-Times-Courier Feb. 23, 2023