County to again mull action against city

LEE COUNTY – Lee County Supervisors are moving forward with action against the City of Fort Madison with regard to problems on 302nd Avenue where the county claims the city’s PORT trail has caused drainage issues.
The county met in closed session earlier this year to discuss imminent legal action, and the topic, with possible legal action against the city, is again on the agenda for Monday’s meeting.
The county and the city have a 28E agreement which would require the city to restore the drainage system that was there previously and relocate the trail if a compromise on the drainage problems can’t be found.
The county and city agreed to an easement for the P.O.R.T. trail to be constructed on the county right of way, with assurances that the city would maintain the trail and construction wouldn’t cause any damage to other county property.
County officials have offered to allow the city to take possession of the street where they claim damage is being done, but city officials have balked at that suggestion.
Supervisor Tom Schulz met with the city council at a regular meeting in May to try to explain the county’s position. Schulz is a former Fort Madison City Councilman who was on the council when the plans were drawn up for the P.O.R.T. trail expansion up 15th Street to Rodeo Park.
Drainage issues started near Gethsemane Cemetery where storm water was running onto 302nd Avenue and causing damage to the roadway. City officials contend that the county signed off on the engineering plans for the trail. Fort Madison Public Works Director Mark Bousselot said the city has taken steps to improve drainage along the roadway between the cemetery and the trail.
Lee County Attorney Ross Braden sent letters to city officials in February and again in May discussing the drainage issue and possible remedies of law available to the county under the 28E.
The May letter also informed the city of the county’s intent to file a claim in North Lee County District Court to enforce the 28E. The letter also outlined a possible annexation of 302nd Avenue in lieu of any legal action.
Monday’s agenda item in front of the Supervisors includes discussion and possible action.
Other agenda items include:
• a public hearing and vote on FY 25 budget amendment moving the total 2025 fiscal year budget to $44.5 million from $43.4 million. Increases included a $6,000 increase in the sheriff’s department,  $210,000 in the IT department, $230,000 in the Ambulance department, and $670,000 in non-departmental expenses.
• consider recommendations on county-owned Newberry Center in Fort Madison from the county’s Building Study Committee. The county discussed raising the rent charged to UFCW Local 617 from the current rate of $400.