Council - Regular Meeting

Monday, January 12, 2026
Transcript
Video
Agenda

About this meeting

Government Body
Council
Meeting Type
Council
Location
Independence, IA
Meeting Date
January 12, 2026

Transcript

185 sections (from 1,009 segments)

0:00 – 0:450

Okay, we're calling me to order. Please join me for the pledge of allegiance. Pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Okay, welcome everybody. This is our regular city council meeting for Monday, January the 12th, 2026. Start with a roll call, please. Weber, yes. Hannah, yes. Moore, yes. Brousadder, present. Mayor, present. Olaflin, yes. Applebee, present. Okay. Next, I need a motion to approve the agenda as presented. So move.

0:450

Second. Have a motion in a second. All in favor? I

0:49 – 2:080

oppose. Passes 70. Next, we move to public comment. As I mentioned, um, is there anybody that has public comment other than for the streets issue, which is item number 13? Okay. Um, skip then to, um, the consent agenda, which is item number five. Uh, I need a motion to accept and approve the consent agenda um, as follows. The minutes of the Janu sorry, the December 8th, 2025 regular meeting. The minutes of the January 5th, 2026 work session special meeting. The 319 Social Club LLC class C retail alcohol license renewal with a tenative effective date of January 1, 2026 through December 31, 2026. The 319 social house LLC uh class C retail alcohol ownership amendment. The Gettney Bakery and Coffee House Class C retail alcohol ownership amendment. the Mini Mart class E retail alcohol license renewal with a tenative effective date of December, sorry, January 31, 2026 through January 30, 2027 and the Walmart class retail alcohol ownership amendment. So, first do I have the motion to accept those?

2:07 – 2:520

So, move. Uh, then it would be all in favor. I I I'm sorry. Did you get it for me? Well, I So, I had a motion, but who made the second? Matt, thank you. And Brian. Okay, so that passes 70. Next, we move to financials. I need a motion to approve the claims for payment. So moved. Second. I have a motion and a second. All in favor? I oppose. Passes 70. Next, we move to bank reconciliation. This is for information only. Does anybody have any questions or comments with regard to the bank reconciliation? I have one question. On page 107 for the school costing, it shows that we've got a budget of 52,000.

2:50 – 3:280

Do we still have that in there? So that's for the SRO. Okay. I know we talked about moving in there for that. So I was just wondering. Thank you. Okay. Thank you, Susie. Um, next we move to item number eight, which is revenues and expenses to date. Again, this is information only. Anybody have any questions with regard to those? I had one thing about that, too. We had like $10,049 for the K9. Isn't there more in there for a total than that? What page are you looking at, Deb?

3:23 – 3:470

Not sure what page that was on. It was $10,049. Maybe you can check it and let me know, too. She's trying to look for it now. Deb, hold on.

3:53 – 4:340

Yeah, I'll have to look into that, Deb. Okay, thank you. Okay, then the next is item number nine, which is transfers. Again, this is information only. Anybody have any questions with regard to that? Okay, hearing none, we'll move to hearings and ordinances. Item number 10. This is a public hearing for the fiscal year 2026 budget amendment number one. Um pursuant to the agenda, I'll now convene a public hearing for the fiscal year [music] 2026 budget amendment number one. Um we don't have anything that anybody's I did not receive anything regarding the budget amendment. Okay. [music] Brad, did you skip over the transfers?

4:30 – 5:150

No, I did the transfers. Okay. Um, I'll now close the public hearing and the city clerk um will note there were no comments for the record. Next, we move to item number 11, which is the second reading of the ordinance amendment to chapter 76, bicycle regulations and 77, skateboards, roller skates, and inline skates. Um, I need a motion to approve a second. Well, let me do this first. Um, okay. I need a motion to approve the um second reading of an ordinance. Well, let let's do let's do a um a discussion first if that's okay with everybody before we have the actual motion itself. Okay.

5:14 – 5:260

You're supposed to have the motion first and then discussion. I'll do. Okay. Can I get a motion then for to approve a second reading? Welcome motion. Second.

5:24 – 6:050

Okay. I have a motion and a second. Okay. So, I wanted to be sure that there's been a lot of conversation on on some Facebook sites, etc. about this, and I just want to clarify some of the issues regarding it. Um, the first is that this is not something new. Um, this ordinance has been in effect for over 30 years um as to bicycles not being ridden on the sidewalks in downtown, skateboards not written in the in the on the sidewalks in downtown, and other issues similar to that. All this does is it adds to those existing sections the um micromobility micro micromobility device.

6:02 – 6:410

Thank you. Micromobility device and everything else is pretty much the same. There there were there were the there's a couple of other additions that were only because it's 30 years ago that it was originally enacted that there's been some some language updates from then. Um but that's pretty much what we're talking about. So further discussion then with regard to the the sec the uh second reading like to make note too that they uh that there individuals who use uh are disabled and have uh disabled devices they're still able to utilize those on those streets. There isn't a portion in there that allows them to do that as well.

6:39 – 7:110

That is correct. What was the limit set to for the electric scooters and electric bikes? Cuz the last I heard was a debate on what you guys wanted to set at. And you mean a speed limit? Yeah. What's the limit, I guess? Yeah. We did not place one. We just said what's reasonable what's reasonable and appropriate under the circumstances. It's almost like, you know, when you're driving, just do the right thing. In other words, okay, use common sense. Use common sense. Right. Okay. And if they feel it's inappropriate, then there's an ordinance to protect it. Correct. Okay.

7:08 – 7:460

Anything else? Yes. I uh two things. One, I wanted a clarification on the area. Is it third, fourth, fifth? Would it be from 6th Avenue, which would be the east side of Dunlaps, across the bridge? Is that correct? Those are the Brocks that we're talking about. Yes, that's the case. I think so. I'm just asking. I just want to cl I'm glad you came up. Chief Law had another question. Thanks, Chief. Yeah. So that that area would be from the 6th Avenue Northeast section there by Dunlaps all the way across the bridge to where the Hardy drug corner [music] is there. Okay, perfect.

7:45 – 9:430

Uh the only other thing that I want to bring up is I did have a phone call here just a little bit ago in discussion of um bike confiscation. Should there be, you know, the I guess I'll address you this to you, Chief, as far as processes of procedures. They had said that they would like to see some sort of a three strikes, you know, two strikes and a confiscation on the third, something like that. Can you give us an idea? So, I'm throwing that out there for consideration as well as can you kind of talk to us about how you would direct police staff in those situations? Um, so the way that we would proceed with it, like we do a lot of other things too, it's not going to be necessarily a a third strike type system, but our overall goal with anything is um education. So, if you've got a a young new bicycle operator and they're driving their bike in the downtown area and they weren't aware of it, our officers aren't going to just immediately go take this bicycle or issue a municipal infraction. Our goal is to educate that that bike rider. So the first the first or even the second interaction will be hey um you know you can't do this and this is why and coach them to to act properly and then the next time that officer might see them you know now now it's gauged on that interaction with that person you know why are we doing this when we've already had this conversation at that point in time then maybe the bicycle would be taken depending on how that interaction went but if there was some other reason or confusion the officer might say okay I'll give you another warning this time but the next time you're going to lose your bicycle or we're going to have to, you know, take it to the next level. But, you know, our our officers are not going to be out there simply to try to take people's bicycles. I mean, that's not number one, it's going to be more cumbersome to the officer because now they have to load a bicycle. They got to do a property receipt. They got to have this other form that's filled out as far as the bike being taken. And then now we have to have that bike, you know, given back to them a week later or 5 days later, whatever the case might be. So, we're going to do everything we can to

9:410

try to educate those people and try to curb the problem before it turns into those other issues. Okay, Chief T, go ahead.

9:48 – 10:360

I was just say thank you for that explanation, Chief. And then also, I think, you know, because we're not just talking about juveniles here, there'll be adults that will be have to be educated as well, handled the same way, I'm sure. Um, and then the other thing I just want to say is as a council and looking at this ordinance to this way with the possible confiscation of a bicycle, it's not directed at the child, meaning um, we're trying to reprimand them for doing that, but making the parent then aware since they have to come and get the bike. That way the parent then can work at the home with the child because obviously we're not expecting children to know what that ordinance is, but we are expecting the parents to educate the children that they can't ride in that area. So I just want to throw that out there. That's why we would do the bicycle confiscation should it need to be done.

10:33 – 11:170

Yeah. And and like mayor said, you know, this is something that's been for over 30 years. And back in the late '9s, I mean, the biggest problem we had back then was the skateboards. And you you'd roll up and you take a take somebody's skateboard, give them a property seat, tell them to come pick it up. But that was when you've already had a conversation with that individual for riding their skateboard in the downtown area two or three times and they just weren't getting the hint. So I I get the I get the premise of a, you know, a three type warning type deal before you get to that point. Um, but essentially, we're already doing it. And then to to add something would just complicate it more for enforcement and then the enforcability would be more complicated I think. Okay. Thank you. Just wanted to confirm that that the [clears throat]

11:14 – 11:580

the confiscation of bicycles and skateboards back 30 years ago um was in the statute back to that particular time. So that's not even a new thing that we're adding the confiscation part. No, we just we just wanted to add or the city attorney's office wanted to add a little bit additional language in there just to to help better cover the city um in reference to that instead of just just taking it. We wanted to make sure it was voluntary to know that you know this is a voluntary that you're giving us up in lie of this citation to give that option out there for the individual. in terms of the citation or the fine or whatever we want to call it is the first is the first priority that the issuance of the fine letter the fine as opposed to the confiscation.

11:56 – 12:220

I would say that our our first priority is education and to [clears throat] get the person to stop doing the act of driving their bicycle or rollerblades or whatever it is in the downtown area. Um our our first action would be if we can solve that by confiscating a bicycle for the 5 days and now we no longer have an issue, we would rather do that than issue a municipal infraction all day long. Okay, other questions.

12:19 – 13:480

Yes. um speaking with different people on this and then I pulled up the paperwork on on it the way it's written and under 7614 on the special penalty part dealing with the confisc confiscating I have a real bad hard time with that because the way it's written on here the way it's written in the paperwork you can confiscate it on the very first time. I know you've just got done explaining all that, but the problem is that also, and I'll use a child on example in this particular situation, if a child and you ask, you know, if they want to voluntarily give up their bicycle and confiscate it, they can either say yes or no. If they say no, then it proceeds that you can't take it at that time. Then you have to contact the parents. And then when you have that conversation with the parents, then comes the thing, does the parent want to voluntarily, you know, let the bike be confiscated or not? If they say no, now you've got another whole situation and according to this paperwork, then if there's not a voluntary confiscation, you have the opportunity to site them on the ordinance and then they pay the fine and penalty. Correct. is the way it's written as of right now.

13:46 – 14:120

Yeah. So, if they don't [snorts] if if they did not relinquish the bicycle, let's let's just say bicycles, but we're talking about lots of different things. And now the parent says, "Okay, yep. Nope. You're not taking my son's bicycle." Mhm. Now, on the next offense, that that municipal infraction, we would have issued them to the parent for allowing that activity to continue. Or you could issue them on the very first situation, you could issue them the offense. You very well, you very well,

14:11 – 15:020

if you wanted to. It depends on the mood of the officer and what type of conflict there could arise from it. But where I take this a step further is you have both parents are working are not available. Maybe one works in town, maybe one out of town. So you're having the confrontation with the child and he says, "No, you're not taking my bike." Well, then are you going to take him and the bike and try to find out where the parent works and then go into the work place or are you going to wait until they get home? I can just see a lot of major complications appearing on this. I myself I would rather do away with the confiscate, you know, confiscate and what's your suggestion on the penalty, Ralph? They get a citation immediately.

15:00 – 15:280

Well, that's up to the discretion of the officer if it's a citation immediately or not. Ralph, see Ralph, the pro the problem, the reason that the the purpose behind all this going back 30 years ago was the kid the kid has the bike and and or the skateboard or whatever the case may be and and he um you know is in violation of of of it and we we can't really you know issue a fine to a 12-year-old. Correct.

15:26 – 16:020

So the idea was we're trying to get the information to the parent. So by confiscating the skateboard or the bike, then the parent has to come in to the police station in order to get the bike and to get the skateboard in which case they can be further educated on it and they're can further educate their children. Because if the if the kid just comes home with the with the skateboard and bike as if nothing's happened, the parent's not even going to know. The parent knows as soon as they have to come down to help to pick up the bike or the skateboard or the whatever because it's been confiscated. That's the that's the rationale going back 30 years in terms of why we were doing this

16:00 – 16:320

and I can and I can understand it on that viewpoint. But if we're going to go through those different processes of of the child not letting it being taken the and the officer has to go to the residence or wherever to contact the parent. Why can't that be done to begin with that that officer, you know, puts the bike in the car or whatever and and the child and goes to the home and speaks to the parents then because I I just see a lot of potential problems.

16:30 – 17:040

Going back to what you said, Ralph, if both parents if the parents are at work, then you can't. So, the officer would have to go at a later time and talk to the parents about it and say, you know, this was our situation and stuff and and approach it on that way because it's dealing with education. I just I just have a hard time confiscating. Let's see, Ralph, if they if they parents aren't home and they confiscate the bike, when the parents come home, the parents will come to the police department in order to talk to how we ask him. I understand that. How does this happen? And what have you your

17:02 – 17:450

So what I will say is that if you take away the confiscation of the bicycle and in all the years that I've been here, everybody would rather lose their bicycle for 5 days than be be cited for a municipal infraction. So if we take away the the confiscation part of it, our enforcability to that ordinance is out the window unless we deal with somebody who is 18 years and old or older. If we deal with a juvenile, our enforcibility of an of a municipal infraction is not there. So now we now we don't we don't have something to curb that action of our youth to try to prevent them from doing that.

17:42 – 18:230

And I think he's saying is it is it really troublesome? How do you deal with the problem of the parent getting a little and it it's it's it's no different than than our officers working any other case or any other criminal case that they do and or even an accident that they handle. We don't always solve it right then and there. We have followup to do. We may have to go back to the house later. We may have make a phone call. So if if we can't get reach out, we can't make contact with parents because they're both at work. It doesn't change anything. It just means that it might take a day or two before we can follow up on that case per se of that incident with the bike and get that clarified.

18:20 – 19:030

It's it's not going to add undo, you know, to the officers. I mean, they're they're used to doing that on any other case or accident or anything else that they deal with. But then when it comes to a fine, if you go to that point of a fine, that's a graduated fine also. It's x amount of dollars for the first offense, x amount of dollars on the second offense. If I remember correctly, um, it should just be whatever the mission fine is. I mean, those are those are set to what a minimum is. And then your f first, second, and third offense is on how long you how long you would maintain and keep the bike. Correct. That's that's where that was. Brian, I'm Chief. I believe that that the um

19:00 – 19:280

Yeah, it it's confiscation for first offense is 5 days, 10 days for second offense, and 30 days for a third offense. Okay. There's no dollar amount written there because we're using municipal. It'd be Yeah. municipal infraction. It's whatever the code is. Whatever code says. Yeah. I think Ralph, this is more lenient actually. It's it's trying to say if you go up to a teenager and say you need to not do this and they don't want to listen.

19:25 – 20:070

Then you tell the parent and the parent knows that they're not supposed to. And then tells them as a good guiding parent. So they're trying to say, "Hey, let the parent take That's exactly what I'm trying to say is let the parent do it and not our officers do it because they're they're going they're going to approach the parent. If you if you pull over a kid riding on the bike, a minor then and you don't get the kid says no, you aren't having my bike. You can't take the bike because he didn't volunteer it over. So then that's when you go and you're speaking to the parents. Correct.

20:06 – 20:450

Correct. So, you're still going to have the parent in influx there. I just I don't know. That's just the way I see [clears throat] it. Yeah. I'm saying that they that that they're still talking to the parent at the end of the day. Oh, absolutely. Whether they wait till they're done with work or whatever. But the first point of contact is if the child isn't behaving, they talk to the parent and then let the parent and then the next step is if the parents are like screw you, then they go on to the next realm, which is okay, you go to the bay fine. So, we're giving them options out for a kid that misbehaves. I think that's a good thing.

20:43 – 21:200

And I'm I'm just looking at from this viewpoint. I I don't want to put our officers in the situation of the kids looking down on the officers cuz a lot of kids are scared officers already anyway, unfortunately. And and that would just be add to the complex problem of that where when the officer would go and speak to the parent, leave it up to the parent on how they're going to discipline and handle it with the kid. And if they don't want to do something, then they have the option of of the fine. And the parents are going to pay the fine. If parents keep paying two or three fines, I'm sure by that point then they're going to do something with that kid.

21:19 – 21:540

I think that's a good reaction because the cop is just saying, "Hey bud, did you know you're not supposed to ride the the whatever on Main Street? You just have to be a block off from here there." Is that a bad and they and they can still say that without confiscating the bike? Well, they don't. The first time they don't remember what he said was way the statute is and the way that they're going to react is they're going to talk to them first. So the first time that they interact with them when they're on the sidewalk, they're not taking the bike or the skateboard. I to I totally understand that it's not written that way that they will be talking the first time.

21:52 – 22:310

So what I would say is it's no different than um getting stopped at a traffic stop for speeding or um a parking violation depending on if you had your handicap placard. The police officers have discretion to to work and to treat people fairly and to make a good judgment call. Absolutely. So that is up to the officer's discretion on how they want to handle that particular call with that bicycle and our officers, we've got a really good group of people and and everybody is there to for the betterment of our community and to solve a problem that we have,

22:28 – 23:050

not necessarily just out there to write tickets or to write municipal infractions to try to solve a problem. Oh, I I totally agree with that. That's that's not not any argument on this point. Do you think there's a better one that you'd like better something else? I I I would like to have it amended and remove every every step in here that deals with confiscating the bike that the problem is is that a teenager that's causing all sorts of problems for the parent, no matter how good of a parent they might be, would then just get the ticket and the kid doesn't have to pay for it.

23:03 – 23:470

Yeah. No, but the parent the kid can't pay for it. You can't write the kid a ticket. You have to write the parent but the parents paying the fine doesn't teach the kid a lesson like taking his bike for that. That's a parenting issue. That's not a police officer parenting issue. If some kids are just have mental problems, could have any number of problems and then the parents just suffering because they have a child that they can't control for whatever the reason, even if they're a good parent. There's been plenty of really great parents with kids that are not good and they don't punish them because they can't control their own child. Okay. And and they can't give them away to the state. Okay. It's not even legally they can't they can't dump them after a certain age. So they'd be paying to understand for a recluse child,

23:45 – 24:250

right? Not trying to make them come out on Mohill heel hill here. We just want to change the behavior and protect people coming out of business downtown. So, we're getting a little off topic with giving kids away to the state and things like that, but but there's we just need to change that behavior. And I disagree with what you're saying, Ralph. I think that we need something with teeth because when it happens twice, we're not going to have to worry about it anymore. We've had it this way for 30 years that it could have been confiscated and and we have had where we had to confiscate things, but this is not a major issue, but we need to make sure that the education part of it happens because we don't need anybody hurt on downtown coming out of businesses. Oh, and that's all.

24:23 – 25:110

I'm in favor of the confiscation and we need and chief said these are trained professionals that are carrying out these duties and they're wanting to educate, too, cuz it just takes time out of good police work to haul a bike, pick up a bike, and take it back to the police department. So, they're going to try to educate first. But, if you have a reoccurring situation with an individual, just like any other law that we have, there's going to have to be teeth in it toward the end or you're going to get the same result, which is what we have right now. We have to see a change in behavior. I would like to say maybe we could change like where it says the hours cuz frankly our downtown is dead after a certain hour. I mean businesses are they're done and then then you got a kid that couldn't make it across Main Street. I mean the way it is and then they can't even go across the bridge technically with their their bike, you know.

25:10 – 25:460

Well, they can come through. They just have to walk their bike and there's there's no reason why they can't come. I mean, no one's going to do that. Understand? So, could we just they are if we put this into effect and we put teeth behind it, they're going to walk it. I would rather say that we after a certain hour cut it. That makes it harder by the time you start adding it. Yeah. And and you do and you do have the the residents and all the new apartments and stuff that are in the downtown area with people walking out of those apartment doors too. That that could be an issue too. If someone's screaming by on a electric scooter or a bicycle and someone walks out of their apartment front door, that that could be an issue. But

25:44 – 26:270

but I can happen on any sidewalk anywhere else than in the fence. But most of the the doors are pretty close to the sidewalk along main along downtown Street. I think most of them work probably. Um Deb or Mike, either one of you have anything that you want to comment further on. Let's vote on this. I think I think we're listening to Brian talk about it, the officer that uh we have to do it this way. Okay. So, we'll call for the vote then. Um this would be a roll call vote. Hannah. Yes. Moore. No. Bradder. Yes. Maynor. Yes. Olaflin. Yes. Applebee. No.

26:27 – 27:010

Weber. Yes. Okay. So, that passes. Second reading is passed. Okay. The second reading has passed. Um given that the second reading is passed, I'm just going to forgo um we wouldn't have enough uh votes to um to suspend the statuto rule. So, I'm going to go ahead and and not talk about that further. Do you want me to go off for a minute or do something with the Yeah, if we can take just a small break. I want to flip the audio off, turn it back on cuz we've got a buzzing.

26:59 – 27:250

Okay. [snorts] I mean, audio's back on, but we have to wait

27:22 – 27:520

for an ice breaker. I don't have any ice. The sound is working on the city channel. Okay. Thanks, Mike.

27:53 – 28:420

We were just getting some feedback. It sounded like I think we got it now. We just wait for Melissa. Just a second. Okay, moving on to item number 12. This is the first reading of an ordinance amending chapter 175 subdivision regulations. Um so first I need a uh a motion to approve.

28:410

So moved. Second.

28:43 – 29:310

Have a motion a second. This was discussed at the work session on January 5th and what we're talking about here is the statewide um urban um design and specifications which is Sudus and we had adopted that. But in terms of the various portions of the developing agreements and and waste storm water um a lot of the a lot of the existing statute language is different than what Sudus is. So because we're adopting Sudus we're ch we're going back and changing all of the language that is is different than what Sudus is with respect to a particular issue. So that's what the motion is and the second further discussion on that if any.

29:29 – 30:060

I I think it's a great thing and besides that according to our city engineer it lines it gets us all lined up the way most everybody operates. So I think we need to fall in line with it. Okay. Let's move forward with with a roll call vote then. Mayor, yes. Olaflin, yes. Applebee, yes. Weber. Yes. Hannah, here. Moore. Moore. We We did have a motion on that. Yes. Okay. Yes. Persider. Yes.

30:04 – 30:400

Okay. That passes 70. Um, next. Does anybody want to bring a motion to suspend the statutory rule that an ordinance um has to be in order to be considered has to be um uh for passage has to be two council meetings prior to the passage, the reading and passage. So, move. Second. Have a motion and a second on that. So, this would then be a roll call vote. Again, I need six out of seven to have that. Olaflin, yes. Applebee, no. Weber, yes. Anna, no. Moore, yes. Yes. Maynor, yes.

30:38 – 31:220

Okay, that fails then because we we don't have six out of seven. So, moving that. So, we'll we'll have this on the next agenda, which will not be the next Monday. It'll be the Monday after that, whatever date that is. The 26th. Okay. 26th for second reading. Um, moving then to item number 13. This is a public hearing on the proposed resolution of necessity for the 2028 rehabil street rehabilitation project. 2026, mayor. Sorry. How about you want to do 28 now or do you want 26? Let's let's get through this one first. Okay. 26. So, u pursuant to the agenda, I'll now convene a public hearing on the resolution of necessity covering the 2026 street rehabilitation project. Um, we do have some people that have that have, um,

31:21 – 31:370

I'm going to have them come up first. that have come. So, um, uh, Donald Kohler, you want to come up first? Sure. Good evening. Hello.

31:34 – 33:100

Hello. My name is Donald Kohler. I live at 718 Fifth Street Northeast. Three years ago, this has been brought up the same issue about the roads. We went to house to house to house. Nobody was agrieved about bringing out any of their funds to pay for the road. We went to house to house to house again. I'm going to guarantee the same people, new people are going to be against this. To me, just overlaying the road, you're just putting a band-aid on it. We have uh sewer problems. We have water problems. 8th Avenue Street or 8th Avenue Northeast. They had a little water problem. They ended up tearing three, four blocks to repair that to me. You're just putting a band-aid on top of another band-aid. You can look out at the street right out here is overlaid. It's just cracked in the same way. So, you're just putting another band-aid on it. And I talked to

33:100

Sue Susie.

33:12 – 33:590

She says that personally could pay all at once [snorts] or to pay 10 years down the line. That's going to be 20 to $40 or more a month out of our mortgage that we got to figure out how to come up with it. Plus our grocery money, our electric bills, everything else is going up. And then all a sudden we're getting thrown at us a 2,000 or more more people. Mine is going to be $2,000. and I don't know where I'm going to come up with it.

33:56 – 34:330

And the city's not coming up with it. They got to borrow the money. How much is that money that we are paying and how much is the city paying? And on the long run, that's coming out of my property taxes because city's not coming out and paying for that. So I'm getting double banked for the same issue. So to me, I I'm just totally against it. Understood.

34:31 – 35:340

And if I have to, I'll have to go to door to door to door to door and we'll get a petition up again and it'll happen the same way. Nobody wants it. If I drove around this last weekend, every road, I say not every road, 90% of the roads in the city have somewhere another little cracks or blemishes or whatever. My street alone up this street been torn up the last three years just to fix sewer issues or water issues. So, what's going to happen? Every other neighbor's going to have all a sudden a sewer issue and then we're going to tear it up and that black top overlay is all ruined again. So, I'm just totally against it. If I have to get a petition up, that's so be it.

35:330

Okay. Thanks for your time. Thank you. Um, thank you. Next, um, Patricia McBride. Hi.

35:43 – 36:330

Hello. I'm Patricia McBride. I'm at 402 O'Brien Court. Um, so I'm here to talk about the 2026 Street restoration letter that we got in December. Um, in general, I would think most people want their city roads to be good, be fixed, be appropriate, and I want that as well. However, with the way this project has been going over the past several years, and now my streets on the list, I have some concerns that I don't know that I have the answers for, and I'm hoping you do, and you can provide me that information in some way. Um, I want to know why the taxes we already pay aren't contributing to these repairs. Can I interrupt you one second?

36:30 – 37:150

Yeah. Um the taxes that you do pay are due by the the the assessment itself is $30 per lineal foot front of your house. So if your house has a front footage of 100 ft, it'd be times 30 300 $3,000. The rest of the money, which is about 70 to 75% of the money, is coming from the city itself. people are only paying just a portion of it um for the area um for that the lineal fee. That was something that was decided years and years and years ago. Um um so I'm sorry to interrupt you, but I just thought I'd give you that information because I don't know if you were aware of it or not.

37:13 – 37:250

Yeah, I didn't know that was one of my um questions was if this was how you were going to plan to fix residential streets from here on out.

37:24 – 39:160

Sure. I And if I can interrupt you one more time, then um this is part of a five-year plan. We're in year five of the five-year plan. What we did was we had the engineer and the city uh streets department go out and inspect all of the streets throughout the city and rate each one of them. Um in rating them, we we made determinations as to what what was poor, what was very poor, what was, you know, above uh below average, average, etc. And then what we did was we took that and tried to put it into um a like a a list of of what taking we're taking the worst streets first and and then moving moving down the list so that everybody would know what was coming up the following year. Um because you you've got you know 5 years of of a list of of which h which properties are going to be part of the next the next grouping. Um there's no way. I mean the problem was that the city by itself um cannot just we we do our maintenance work. We have our other things that come from the road taxes that we that we do. Um when we're trying to years ago the problem was that that there wasn't enough money in the city in the city budget. So no one did no one did any repairs at all. So for the longest time we had no repairs being done at all. And everybody was complaining about that, of course. So then the next thing that happened was we we tried to to resolve that problem by by doing it this way and by having um the residents kick, you know, kick some money in to assist it. I mean, so the average is probably somewhere around three or $4,000 is probably the average number per household. And the project Mark, can you just tell me what's the total amount on this? Or is this 700 and something?

39:12 – 39:380

Uh 735,000. Okay. $735,000 is the total cost of this project. And approximately how many houses did you do you know that there's approximately 60 residential houses to 10 businesses and there's two or three multi. Okay. Thanks. So I don't know if that helps answer some of your [music] questions or not.

39:32 – 40:150

60. Um, I I do have additional concerns with who is responsible after this asphalt goes over top. Um, who's responsible for repairing any damage to maybe our lawn, property, curb, driveway, cuz I know I've seen complaints online um from people that have had their streets done and they had trouble getting those repairs done. Sure. Afterwards and having someone held accountable for that. Okay. Mark, do you want to come up and answer that for us, please? This is Mark Crawford. He's the engineer.

40:13 – 40:380

The other point was when did they change this ordinance to do it this way? But I know we discussed it. You don't 10 10 years plus. 10 years plus. Mark may know. So, it's been on for 10 years. Just FYI, too, that they made that decision. I mean, Mark Mark can give us a better idea. Yeah. 10 to 12 years ago when they actually started was they started doing that's when they started street rehab projects again. Okay.

40:37 – 41:200

Outside of the time that you you mentioned Mr. Mayor that's when the uh assessment policy started. Um Patty your question about the repairs. Um, if there's any repairs that need to be done to driveways or curb and gutter that is broken or sunken and is causing a [snorts] a pond, those will be be included in the project and those will be my responsibility, city's responsibility to make sure it get done and completed by the contractor. Um, this project will include a 4-year maintenance bond. So, if any of those repairs become in a default condition, then the contractor will be required to come back and make corrections.

41:17 – 41:420

And in addition, um before we actually pay the contract the final money, you're going out inspecting with Sure. Yep. We'll be we'll be overseeing all the construction during construction. During construction during the time you need to follow up the layer. Okay. Okay. Thank you, Mark. I appreciate it. You're welcome. Did that help? Did that help at all?

41:38 – 42:120

Yes. Uh related to that, um since the repair sounds like some of it is an asphalt overlay, which we have seen downtown several times, um what is the plan for when the street becomes cracked and falling apart again? Do are all of the citizens going to be expected to have this type of one-time large payment again? Um Mark, do you sorry try to keep Why don't you find a seat up front? Can you answer that for too?

42:10 – 42:550

Sure. No, the uh asphalt [clears throat] overlay treatment in particularly in residential areas is a very tried and trueue method to rehabilitate um the streets. Um it gets anywhere from 15 to 20 years of service life. And then at that point um with some minor crack sealing that the city has the equipment to do on their regular maintenance. city street superintendent and his staff go out and do the um crack ceiling with the cattle pod. So, it's a it will be part of an ongoing maintenance strategy by the city. So, I got a question. So, if they if like the city tears it up because there was a plumbing issue, they don't charge them.

42:54 – 43:360

They don't charge them. The city pays to put it then it's it's just like they the evaluation that they do, right? And then but if it was tore up like she said mean street was several times over they wouldn't be re recharged or anything. It's just if they been a lifelong whatever and it's finally due cuz it looks really bad then the city goes at the 370 split. It's not quite a 37 split that it's based upon the frontage and it's it's $30 per lineal per foot for the frontage of the cell. Okay. Did Did you get your all your questions answered?

43:32 – 44:150

Brad, let me interrupt. Sorry. When when it's the public's time to speak, they they are to do it and and you and in helping from the engineer, but we're not supposed to say anything until they're done and then that's when we have our time for our questions. Correct. Correct. I just wanted to bring that up because we're supposed to be timing them or whatever so we can have them limited. Yeah. So, I mean, we're we're trying to to to hear as many people and get as much information as we possibly can. We're trying not to cut people off, even if you go over the five minute or whatever the case may be. Yeah, I figured you were since you were participating in my uh comments that I would be allowed to continue. So,

44:13 – 44:530

no, you [laughter] definitely are. He's just pointing that out, I think. No, um that was a definitely a concern for me is how that would be handled. Um, and if you know people were going to be expected to do this again when 20 years from now my street needs to be redone. So, how do you feel about it now? Um, I mean, I'm still not um super happy about getting a $3,750 bill um the day after Christmas. Um, but um like I said, I understand that the streets need to be redone. I am frustrated about the way that the city has chosen to handle it.

44:52 – 45:370

One other thing that might be of help to you is is that we don't even have um you know a contractor selected yet. So we we don't know you know the exact price of anything because the bid letting takes place in February. So in February the we'll know what the total amounts are to do that and the work won't even start until sometime in the spring. And we've got a completion date for November of next of 2026. So that the you're not going to be build anything until all the work's completed. So this isn't something where you're writing a check in the next 60 days or something. Just if that helps you as well. So our individual fee amounts that were mailed to us were an estimate. It's an estimate.

45:35 – 46:100

Yes. Not the not the $30 per foot. Yeah. $30 per foot. That's No, that Yes. $30. Go ahead. $30 per foot is the accurate number that you will have. The total amount of the project may be different because we don't know. Okay. So, the citizens fee that side of it that they're paying is set, but what the city is going to pay might change. Correct. So, it might not be 7030. The 30 the 7030 split is inaccurate. It's just what the special assessment fee is. $30 per linear foot. Yeah.

46:07 – 46:510

To a resident or a commercial business. Yep. Until the project is fully done, we don't know what resident city share is right now. This is just an estimate. Okay. But $30 per foot the $30 per foot the $30 for the for the frontage foot is not going to change. That's what we've that's what we decided on. That's my fault cuz I've heard him explain it before and they said the about 3070 for the split. So they said, you know, cuz we were trying to figure out how and when and all this and so that's my bad. Your amount is correct cuz they know your square footage and they've set the flat rate.

46:51 – 47:240

Yeah. But as far as a city portion to about what a a resident pays, that's where I came up with that 370. That's just me. I just threw that out because it around there. Okay. Not that's going to change. Okay. Okay. Thank you. Okay. Thank you. Can you wait with your questions and your comments until we get to the end? Yeah, you too. I get to talk. No, he gets You do. I do. I'm the only one. I'm the only one. Oh, god. Gotcha. Okay. Next would be um Brenda Boyce. Is that right?

47:270

Hi. Hi. Hi.

47:28 – 48:290

I'm Brenda Boyce. I live at 4131 12th Avenue Northwest. We are the last house on the dead end right next to a farm field that goes like this. And when it rains, we have a huge amount of water that just heads for our basement. We've had Mid America basement systems fix our basement uh and the water issues by putting a drainage line out to the curb. Um, and I just would like to request that, uh, before our curb is all dug up, uh, that somebody, an engineer from the city or street department might come out and take a look at the setup where the America Basement Systems put the drain right up next to the curb and there is a a natural cut there where in installing that curb, the water seeps through, it goes down the street, and we're good to go. But if that were to change, then the water's going to back up in our yard. So, I just would like to request that we have an engineer come out and look at our yard and make sure all this is going to work when it's done.

48:27 – 49:060

Let me introduce you to the engineer that's going to check that for you. It's right behind you. [laughter] Um, yes. Um, boys, one of the things that we did um last year, two years ago, we did 11th Avenue Northwest and we had two instances of the exact same thing she just described. We made sure that they were able to do their training work. Thank you, Mark. Appreciate it. Okay. Thank you, Brena. There wasn't anybody else there. So, go ahead. Unless you want to talk.

49:02 – 50:370

I received an email from Jenny Lamers. I do not have the actual property address noted at this time. Um, she just had general questions about the project. She did not state if she was for or against it in her email. Um, but Crawford has already been in touch and answered her questions to the ones I couldn't answer. Then I had a phone call from Steve Puce at 909th Street Northwest. Um, he had questions about why is the city worried about a dead end street. Um, knows there's two or three spots that need to be fixed. It seems silly to fix the whole street. um questions about property owners waving all OB objections unless at the time of the hearing like what has that meant? So I explained it to him. Why is the city jumping all around Independence fixing roads? Why not do it in certain areas and just kind of work around? He was worried about water lines breaking because of machine vibrations. He mentioned Bland Boulevard. Um he said he was against the project. he would rather spend the $3,000 on something that better benefits himself than trying to fix the road. I did tell him I I talked with him and explained what I could, but I'm like Crawford Engineering worked with the street department. They rated the roads. I kind of encouraged him to reach out to Crawford like you Crawford can explain the more technical aspects of stuff. So,

50:34 – 51:130

yep. I visited with Mr. Puce this afternoon as well. Um, I don't know that I changed his mine or opinion, but I did answer all the questions related to the construction work and the type of project and the things that'll be happening. So, I did visit with him. Thank you, Susie. Just for a note, Jenny Lamers would be 4058th Avenue Northeast. Okay. Okay. So, then um Well, you want me to close the this and then have a discussion under the other part? That's fine. Well, I guess it's up to you.

51:17 – 51:550

What I'm debating is whether to um close the the public hearing and then have further discussion with regard to the um the proposed resolution of of uh necessity and and have you have the council's discussion part in in that section as opposed to in the public hearing section. I think that's the right way to do it. I think that's the correct way to do it. Okay. [snorts] So then I'll know I'll now close the public hearing. Um the clerk will uh note all comments uh for the record. Okay. So, so the next question to council is um

51:58 – 52:160

want to do it. So, you need a motion on it first before we go into discussion. Correct. I do, but hold on a second. I'm trying to figure out where the motion goes. Am I jumping down 15 then? Is that where I be?

52:13 – 52:530

So, there's two courses of action. We can amend the proposed resolution of necessity to where basically you are striking out sections of the project. If council wishes to do that, this could potentially push the project timeline back because we would need to restructure everything. I don't know. send probably send out new notices or you could leave it as is and we could do a motion uh approve it as presented and leave everything in.

52:50 – 53:320

When when I uh looked this up dealing with this exact issue, I was debating on if if any changes did get made in the wording or terms or dollar values. You do you once you have the motion on the floor to approve this and then we get in discussion. You can not make a motion to change it. However, you can make an amendment and change items within the motion and it still can be done as a second reading. We would have a first and second reading. It's not like the ordinance accord.

53:31 – 54:150

This is this is a resolution. Well, it's it's a resolution, but based on what Robert's rules of orders is, that is but so it can be done that way. Either the council wants to change the scope of the project. If so, then we would need to amend the proposed resolution of necessity or or you could dollar figures. We don't have dollar figure. Well, the 30 foot you do have a dollar figure. Yes. But so then you would need to change the resolution of necessity. Okay. It's either we're gonna you guys are going to change the project scope or you're going to leave it alone and we're going to move the project as potential tenatively scheduled.

54:12 – 54:470

So discussion with respect to whether anyone wants to change the scope of the 2026 rehabilitation project. Yes, I would like to have that discussed. Yes, I'd like a change. What do you want changed? I honestly think that the city should should tax at a higher rate so that every resident is paying so that we can do these projects of 10 roads per year. Okay. But that's not that's separate from this item.

54:45 – 55:290

Okay. So, this item here is is you've got you've got a list of um a list of all the different um streets that are going to they're part of this project. So, this a street by street individual. So, the question is are any does any on anyone on the council want to discuss whether you want to remove any of the the streets from this particular project? Sure. Let's change or Yeah. Which ones? Well, I think the one that travel into dead end road is a good argument. Yeah. Which one was that? I mean, you know, it was 805 territory.

55:27 – 56:120

Is that the culde-sac? No, the culde-sac is O'Brien. I think Brian Court is Culdeac. 12th Avenue Northwest is the road that goes up into the field. Dead ends at the field. Uh we did, like I said, we did 11th Avenue last year, the year before. Um, 9inth Avenue, 9inth Street Northwest as a dead end on the west end. Um, last year we did 7th Street Northwest. Same thing. Um, exact same area, two blocks away. Um, okay. So, so this would have been Priest, I think. That would it would be the one we're talking. Yeah. Nice Street Northwest. What's which which dead end street?

56:11 – 56:560

The ones that you just said. What is that? The only one I am aware of is 9inth Street Northwest. 9inth Street Northwest. 9inth house number, please. Can I make one comment? 909. Just one second. Yeah. 909. So, this would be the the third item down um which is the 9inth Street Northwest from 9th Avenue Northwest on East to the West City limit. That's the one that you want to talk about changing. Yeah. And then the other residents that talked tonight that were just dissatisfied as well. I think it was 718 fifth street in Northeast. With regard to the the fifth street, um I asked Mark to look at that street today. Mhm.

56:55 – 57:190

Did you get a chance to look at that, Mark? Can you tell us what what whether that meets the the definition of necessity? Yeah, let me get my little piece of paper out here. Give me that address again, please. 12th, your priest or whatever. 909th Street Northwest. Thank you.

57:16 – 58:130

Fifth Street Northeast. Uh there's two oneb block segments of uh Fifth Street Northeast. From 5th to 6th and from 7th to 8th. Um both of those the most recent rating in 2022 that we did were rated very poor. Um they both have areas of um sufficient decracking and spalling at the center center joints. Um the one block between seventh and eighth has been patched uh near the west end and the patch is uh starting to crack. Uh it was p patched with concrete and it's starting to crack. Um the middle of the block is um broken up and sunken. Um, so there's there's significant both decracking and longitudinal cracking happening. We have something going on. Okay.

58:11 – 58:560

And the first block would be the block next to the senior center, right? Is that correct? Yeah. Between the senior center on the south and the church on the north. Okay. So So thank you, Mark. So, where where we are is if if you want to if you if there's streets that you want to remove, then we would discuss the removal of those streets and then we would vote on whether or not to remove those streets from the plan. Okay. But I need to know all the changes you guys want to take out from the project. The motion needs to state that. Yes. Okay. And then I think it's 414. Now, I just I want to make mention remember there's multiple other residences on these streets.

58:56 – 59:320

Yeah. Okay. We're not talking about just theirs in front of their house. We [clears throat] if we vote tonight, then that seals it, right? Yes. And then we can't change it later. So, we can change it later if we don't vote tonight on it. Well, we would we would this happened a couple of years ago and a person came forward and was complaining about it and didn't want to have it and brought a petition forward and then what happened was council just removed it from and people wanted the work done. They just didn't want to pay for it and and it ended up council decided at that point which is not most of the people that are here.

59:31 – 1:00:130

Council decided at that point that they were not going to to move forward at all with that particular street and it still hasn't [music] been done won't be done. This has taken significant amounts of planning, money, and time. And people have been apprised of of when this was going to take place. You know, if they had complaints, they needed to come forward and make the complaints, you know, and if there's one out of seven on a street, you know, the reason we put this $30 in was cuz we had no money. This started 11 years ago. Deb, you got something, too? Who was talking just there? Mike. Okay. So,

1:00:11 – 1:00:560

we can leave all these streets in and if it just like you said the property owners don't want it, the first guy got there and said he can get partitions and get it signed and get it stopped. There's no reason for us to take any of the roads out, the street department and whoever has worked hard with the engineer to get these streets in there and get them done. And they're also going to know the price of it when they get the letter because the $30 is per how many footage they have. It's not going to change how much that road costs. The only concern repayment through their property taxes at 4% interest if my math is correct. Is that correct, Sue?

1:00:53 – 1:01:350

So yes, there it is a 10year payback if once it goes to the county. Historically, the city council has chosen 4% interest. That is subject to change with every street project to where if council wanted [clears throat] to do 1%, 2% 6%. Council can decide that, but that is chosen at a later date, not tonight. Okay. So, what we're talking about right now is Melissa, you've indicated that there's a couple of streets that you want rem that you want removal. Keeping in mind, you're not removing just an individual. You're removing everybody on that entire street so they won't get the repairs in the streets in that area.

1:01:33 – 1:02:180

Yeah. And then the reason why I want to is just because I think they that people don't see it coming. Like the residents tonight, they don't see it coming. They may not know about the city statute of of that. That's what we do. And then they find out about it like they do out of nowhere. And then they have a $3,000 bill sitting at their desk and they didn't know about the city ordinance rules. And so, yeah, they also have till the end of to the almost the end of the year before they would actually get a bill for it, too. But could they change it after we voted? Yeah. Change what? So, if we we vote yes on these 10 streets, then they have no of no course of action to change it, right? We'll move.

1:02:15 – 1:02:380

That's what a resolution city does. It includes paying the contractor and the engineer to begin the process of getting bids to fix the streets. What does a resident do if they don't want it done though? They get a $3,000 bill. Well, they they come here just like they were city hall. Yeah. They get the petition.

1:02:36 – 1:03:230

Okay. They do a petition and then what happens if if there's a petition basically. So when it the three years ago when the first petition we got it it is 75% of the assessment value that can potentially halt the project but it has to be yeah at that it the there was not the percentage wasn't there at that time for council for it to actually put a stop but there was enough people in opposition to that street rehab project council decided we are not doing the project at So that year nothing was done. Therefore streets have gotten worse. Now the streets need to be done to where if you

1:03:21 – 1:04:010

the cost is gone up. Exactly. Thank you, Miss Council Member Olaflin. To where if you take out streets, that's fine. But keep in mind, it's going to be who knows how long because there could be another street or avenue somewhere else that gets worse and needs to be done before O'Brien Court Northwest gets done to where something could happen. They could forget they could get a lot more traffic and it needs to be done. Well, now you got bumped to the bottom of the list. And I only picked that one just cuz it I picked one that not cuz you're here. Okay. So, on on that,

1:04:00 – 1:04:360

and if we don't pay this way, we're going to pay in property taxes. Either way, you're going to pay. The only difference though is that it wouldn't fall on one individual home. It would be spread throughout. Well, this is spread throughout, too. We got seven. We got a 700 and how much? 73. $735,000 project and they're being asked to pay 2,000. Well, I mean 3,000 for an individual home is pretty hard. Yes. All up at once, but there is a 10-year payback period to where once it goes to the county, they they have 10 years to pay it, but they're still paying 4% interest out of nowhere.

1:04:34 – 1:05:110

It does not necessarily have to be 4%. Council decides that later. Historically, it has been 4%. I'm I'm just saying that it still comes as an unexpected expense. Okay. residents who are unaware of the city ordinance at it is okay let's do this this I'm I'm I'm going to ask for a motion by Melissa to remove certain projects from certain streets from this particular project and then we'll see if there's a second and then we can have a vote on whether we're going to remove certain streets from the project. Is anybody opposed to me doing it that way?

1:05:10 – 1:05:540

Yes. I I I have I have no problem with a motion being made because it can be voted down or voted in favor. The only thing I'm talking about is on Ninth Street. According to the paperwork I have on all the streets and houses, it looks like there's four residents on that street. And according to what you were talking about a petition before a motion gets made, it takes 75, correct me if I'm wrong, it takes 75% of the residents on that particular street What's the percent of the project? I have to have 75% written objections of the assessment total value to pause the process.

1:05:52 – 1:06:350

For the entire project, not based on his per street individual based total project overall 75% written objection, okay, of the total assessed value. I knew that 75% fell into place somewhere. So Mike, why don't you want me to try to resolve this by by saying yes or no? whether they want to change something because it's going to delay the process. It's going to delay the bidding. It's going to delay everything. Right. But Mike, if if we have a vote right now and there's no second or there's the the majority does not, you know, amend the list, then that's then we'll move forward with the within the resolution for necessity. Correct. Okay.

1:06:33 – 1:07:080

If we take a road out of there, maybe somebody lives on that road wants that done. Agreed. Has has Melissa [clears throat] talked to these people to know they don't want it? I haven't gone to all their addresses and asked them no. All right. So So Melissa, you're making a motion to remove from the project um which which specific ones again? Let Melissa tell you. 9099 no. I can't No. It's it's not certain properties. It's the entire street.

1:07:05 – 1:07:460

I need to know the areas. I see that list. All right. Was and this isn't the call or wrote in about the Denon Road was on on the email was on 9inth Street North West, right? This one right here. But that was the one the phone conversation I had was 909th Street Northwest. this property right here. Okay. And the first citizen was 71 185th Northeast.

1:07:47 – 1:08:230

Mark, I'm probably going to need your help for where these are cuz I need it in the motion. So, I'm not sure if you're on Fifth Avenue Northeast or 7th Avenue Northeast. Fifth Avenue Northeast. approximately 15.1 ft to west of 6th Avenue. Fifth Avenue Northeast. Okay. So then it would be the Fifth Street Northeast, Fifth Avenue, Northeast, 6th Avenue, Northeast one. Or would it be the third street northeast? Fourth Avenue, Fifth Avenue North.

1:08:21 – 1:09:010

He's fifth, Fifth Street. So, it's the Fifth Street Northeast from a point approximately 15.1 ft from Fifth Avenue Northeast on the west to 6th Avenue Northeast on the east side. Is that correct? Correct. Okay. All right. And then it's you're 414. [snorts] She's not She's not 402. She's not objecting, are you? Yeah, she is. Okay. Add her. Okay. O'Brien Court. There it is. Okay. Those three. I need you to state that.

1:08:58 – 1:09:310

Okay. I'm ready. O'Brien Court Northwest from 12th Avenue Northwest to North End. [clears throat] 9th Street Northwest from city limits to 9th Avenue Northwest. Fifth Street Northeast from 5th Avenue Northeast to 6th Avenue Northeast. Mark. Is that those three? And then now we leave one, two, three. Okay. So then the question is, is anybody going to second that motion in order to have um it proceed to a vote? Can I have that back, please?

1:09:33 – 1:10:160

Anyone there? Okay, so it's going to it that fails for lack of a for lack of a second. Okay, now I go to Sorry, I go 15. Y Okay, so now we move to item number 15. I need a motion to approve and authorize the mayor to sign a resolution of necessity for 2026 street rehabilitation project. Some moved. Second. I have a motion to second. Any further discussion with respect to this issue now that we've been talking about this? I have one question. Yes. What is the deadline for the people to get the petition signed and have it done? That's a good question.

1:10:14 – 1:10:390

Dad, I I would have to double check and then I can let council know. Yeah, I don't I don't I don't have the answer. Sorry, Deb. Okay. Okay. Further discussion with regard to this. This one doesn't deal with the dollar amount per residence. No, does it? That's the next that's the next one. It No. So, the the next bas basically

1:10:37 – 1:11:220

this is just saying that those those streets need to be done. There's a it's a it's a resolution of necessity which is which what Mark is telling us those are those streets are necessary in order to have a prayers made. So you're you're you're voting on on um a resolution for of necessity for this particular project as a whole. Understood? Because we did 14 and we're on 15. We're on this is this is 14 died for lack of a second. So now you're approving the original resolution of necessity for the project as originally outlined. Basically saying this is the project

1:11:17 – 1:11:510

14 didn't die due to the lack of a her mot her motion died to eliminate. Yes, that was to amend it. There was no second so it died. Now we are doing the resolution of necessity as originally planned. So which one comes up? Is that on on under under 16 where the dollar amount falls into play there? I'm confused. What are you Why are you asking about a dollar? Talking about dollar amount. What are you Because if we're moving forward with this,

1:11:51 – 1:12:320

which which one has the charge to the residents dollar amount attached to it or is that coming after the bids? We won't know the dollar total dollar amounts. I'm not talking about total dollar amount. I'm talking about the dollar amount that is charged to the resident. The $30 the final amount. The $30 per foot. I I understand the $30. Are you talking the final amount? Not the final amount. So, council already authorized the prelim preliminary and that was sent out. Mhm. Now you are approving the project as originally presented. So, I'm confused.

1:12:30 – 1:13:110

But you can make an amendment now to the dollar amount. Hold on one second. Ralph, what you're referring to is the action the council took approximately a month ago that allowed Susie to send out the notices at the stated amount of $30 per foot. Correct. That action has already happened and is gone. [clears throat] So, you're not voting on that tonight. That was done. That was that was one of the initial actions of the assessment proceedings. But we when do we have the first, second, and third readings? There are there is no that's only for ordinances. Okay. So the dollar amount cannot be changed but the correct the interest rate can be yes

1:13:09 – 1:13:520

at the at the basically once the project's done and we come back with okay now it's time to send out the final assessment stuff that is when council can decide the interest rate that gets charged if a resident does not pay the city [music] within 30 days of the first publication date. But as far as what he's saying, we are not we've already you guys have already voted on the the $30 is set. It's already set and we can only way we can bring that up again is to re bring it back up as an agenda item. Uh cuz you guys already revoted on it. I don't next year street next year basically. Yeah, probably next year project 2027 street project.

1:13:49 – 1:14:270

Right. Okay. So I've got my motion and I've got my second. Let's have a roll call vote then. Uh Hannah. Yes. Moore. Yes. Perser. Yes. Maynor. Yes. Olaflin. Yes. Applebee. No. Weber. Yes. That passes 61. We then move to um item number 16. I need a motion to approve and authorize the mayor to sign a resolution ratifying [clears throat] the preparation of detailed plan specifications, notice of hearing, notice of biders, and form of contract. Some move. Second.

1:14:25 – 1:15:100

Okay. Okay. So, this is the next step in the process. Once we have the the the resolution of necessity, then um we have this particular one ratifies everything. We've already sent this information out to the different contractors for bidding. The bids are due on the 4th 4th at 11:00 a.m. of February. And then we have another public hearing um on the 9th of February with respect to the same um not the same issue but generally the same issues. Yeah. regarding the project at at which time the the bid would be um the bids will be open and we'll be selecting an actual contractor to perform the work for a stated amount. Okay. So any further discussion with regard to item number to this [cough]

1:15:09 – 1:15:520

hearing none that we move forward with a roll call vote then more yes yes Mayor yes Olaflin yes Applebee yes yes Hannah yes okay that passes 70 next we move to item number 17. Item number 17, I need a motion to approve and authorize the mayor to sign a resolution that increases the fire station fees. Sorry, the fire services fees as shown in exhibit A of the resolution. Some moved. Second. Okay.

1:15:50 – 1:16:330

Have a motion to second the if you look at your packet page 200 um that would provide the categories and the um the percentage of increases in the previous rates and proposed rates. Any further discussion with regard to that? Is that for like the townships and stuff? No, this is if the fire department gets called out and has to do cleanup and and who pays who do they bill for this? So, in theory, if I have the insurance company's information, I send it to them. If not, I send it to the I what's the right word? the the driver responsible

1:16:32 – 1:17:170

the responsible party the responsible party thank you okay further discussion are property owners being charged you mean or no no so like say if you're not that I I is will I illw wish you but like say you get into an accident and your car leaks fluid if you didn't have insurance I would send you the bill if it's car insurance I would send it to your car insurance agent Okay, thanks. Okay, so I I have a motion in a second. Um, we'll have a roll call vote on that then. Preser, yes. Maynor, yes. Olaflin, yes. Applebee, yes. Weber, yes. Hannah, yes.

1:17:16 – 1:18:000

Moore, yes. Okay. Next, we move to item number 18. I need a motion to approve and authorize the mayor to sign a resolution designating the 2028 city depository as Bank Iowa. So move. What did I say? You said 2028. That's a six. That's a six. That's a six. I want to skip a couple. YOU GOT YOUR TAXES. 2028. YEAH. SECOND. So I have a motion and a second. Um any discussion on this hearing? None. Roll call vote. Mayor. Yes, Olaflin. Yes, Applebee. Yes, Weber. Yes, Hannah. Yes, Moore. Yes,

1:17:59 – 1:18:440

yay. That passes 70. Next. Moved to item number 19. I need a motion to approve and authorize the mayor to sign a resolution designating the bulletin journal as a newspaper for official publications for the city of independence. So moved. Second. I have a motion and a second. Uh, this will be a roll call vote. Olaflin, yes. Applebee, yes. Weber, yes. Hannah, yes. Moore, yes. Versad, yes. Maynor, yes. Passes 70. Next, we move to item number 20. Um, I need a motion to approve and authorize the mayor to sign a resolution that approves the lot combination agreement for the recording fees to be added to the previously approved claims listing.

1:18:42 – 1:19:240

So, move. Second. Okay. So, we're talking about 803 Pine Drive. And what had happened was they have two adjoining lots. It's lot number eight, eight, and nine in the Pine's uh first edition. Um the um restrictive covenants um specifically um separated the parcels um but the city never did separate the parcels itself. So, what we're doing is this is cleanup. So, we have planning and zoning that's already unanimously approved this on January 6. So, what we need to do is we need to approve um uh I'm sorry. Combining

1:19:22 – 1:20:070

combining the properties and there is a there was a a fee for the recording and I think it was $7. No, that's a different one, right? Never mind. That's a different one. Yeah, never mind. So, I have a motion in a second there. Do you want further discussion on this? No. Hearing none. Um, this will be a roll call vote then. Applebee, yes. Weber, yes. Hannah, yes. Moore, yes. Presser, yes. Maynor, yes. Olaflin, that that also passes 70. Uh, next we move to item number 21. Um, I need a motion to approve and authorize the mayor to sign a resolution approving uh appointing Brad Ly to the airport board. So moved.

1:20:06 – 1:20:500

Second. A motion is second. Um, as you'll recall, we didn't have anybody that was interested in the li in the airport board or commission's uh position. So, um, [clears throat] uh, Mr. Ly came forward, indicated that he had an interest. I had him meet with Brett. Um, I had him talk to Brett first, then I had Brett meet with him, and they went out to the facility itself, gave him a tour, talked to him out there. He actually attended the meeting on Wednesday, even though he wasn't officially uh, appointed, and it looks like he's got an interest. So, um, I've recommended that we we appoint him to that position. Is he at the meeting today? Uh, no, he's not. So, we can't ask any questions.

1:20:49 – 1:21:110

Okay. How many people are on that board, Brent? Brent, how many on the board? Five. Five. Five. I was saying five. So, as of right now, you're short one. You have four. Correct. Um, I think you could verbalize your question for the record. Deb, if you so chills.

1:21:10 – 1:21:520

Okay. I did talk to the mayor about this today and just with council to to know [snorts] what I my thought is on this. If you go to any board of supervisors meetings or watch him, he's at these meetings and at the end he's gotten up and asking for one of the resignations and I think what he says at that meeting hopefully we would not allow at our meetings. So, if he doesn't like something at the airport board, is he going to come in and rip our council people a new one like he's done at the board of supervisors? What? I don't what I don't. If anybody has any questions, ask.

1:21:50 – 1:22:240

Yeah, I'm a little confused. What did you say exactly? I don't get it. She's she's concerned that because at the supervisor's meeting in public comment there, he's expressed um his position with respect to certain supervisors and she's concerned that if he doesn't like something that that happens in terms of the board that he'll come to our council meeting and he'll attack the council members. Oh, the guy that wants to volunteer has expressed cons complaints. Okay. All right. All right. I get it now.

1:22:21 – 1:23:050

Further discussion. Do we have of of the four board members that are there, how many have some background dealing with aviation? Ralph, let me stop you because because the the way the board is set up, you can you can come up if you want. I I know the way that the way the board is set up, you have to have non-residents who have no pilots's license, no no leasing, anything. And this would be that position. And it's not the position of somebody that that that already had that that's that has the pilot information and and etc. He does have um some experience with that in terms of his family background.

1:23:04 – 1:23:460

That that's my question. What type of background does he have dealing with aviation? Well, he his his father or uncle or one of his relatives back in the you know when he was growing up um operated an airport. So he he has some knowledge of that. He's not a pilot. He doesn't have doesn't have a a hanger out that at our at our facility. Well, you can have be on the board. Well, you two of the board members are allowed to do that and they and they are um the other three are not and we'd be one of the three that would not be would not be allowed to have that. We don't have

1:23:45 – 1:24:080

No, that that was my question. you know, does he have any background in in aviation? You said his dad used to run one stuff, so he's familiar a little bit of he has a little bit little bit of familiarity, but it but not so much that it it excludes him from being from holding this position on the board. And that's why I raised the question. I don't know why we could be on the board.

1:24:06 – 1:24:490

Um, he was he was at a supervisor's meeting that I was at. The supervisors were talking about filling some of their board positions. when it came to public comment, I said, "I know you're filling your positions, but we're looking to fill a position, too, since this is a broadcast um meeting. If there's anybody out there that's interested in in being on this the city library, sorry, library, the city um airport board, then um I'd like you to contact us so that we can do it." And then he came forward and indicated he was he had some he had some interest. He had some questions and concerns. That's why he wanted to talk to Brett first. That's why he wanted to go out and look at the facility first before he made a decision that he was actually interested in doing it. [music]

1:24:48 – 1:25:320

And nobody else knows of any other volunteers. Correct. We do not have anybody else that's volunteered. It's a not it's a nonpaid position. There you go. Okay. Anything else? But you can always wait to find a better candidate. I don't I mean you're going to leave an open seat for with nobody that wanted an interest because he might complain. I don't I don't think that's justifiable. We and we also have one of the board members that had indicated she'd like to get off the board. Um but I told her that we didn't that we needed her because we needed for quorum purposes. So, she agreed to stay on, but if there's somebody else that's interested in it, she'd be willing to step away, too. Okay.

1:25:29 – 1:26:130

If that helps. Okay. Um let's have a roll call vote on this then. Weber, yes. Hannah, no. Moore, yes. Crusader, yes. Maynor, yes. Olaflin, yes. Applebee, yes. Okay, that passes um 61. Next, we move to um other business. Um, I need a motion to approve the lease termination for the streeter aircraft mechanic services effective January 31, 2026. So, move. Okay. Background. Second. Thank you.

1:26:10 – 1:27:250

Backgroundwise, um, on J, as you'll recall, um, Strereer does does m does maintenance work and we had, um, give given him a short-term contract out there while we were still looking for, you know, potentially have somebody who would be long-term. on January 1st of this year. Um he gave written notice of his intent to uh to terminate the lease. Um in the meantime um between now and this would be effective dece January 31st 2026. So, in the meantime, he came forward and indicated that he had had an interest potentially in continuing on a month-to-month basis while he got set up someplace else because he's moving to Makoka airport. And um the um the uh airport commission um discussed this at their last meeting last Wednesday and voted to um accept his termination of the lease effective um January 31, 2026. And they're just asking you to ratify that. So any questions, concerns regarding that? There's no questions then and we would move to a roll call vote.

1:27:24 – 1:28:000

Hannah, yes. Moore, yes. Criser, yes. Maynor, yes. Olaflin, yes. Applebee, yes. Weber, yes. Okay, that passes 70. Next, we move to um item number 23. I need a motion to approve uh the release of a promisary note and mortgage for Christy Young Blood uh for the and for the recording fee to be added to the previously claimed previously approved claims listing. First, I need the motion. So moved. Second.

1:27:56 – 1:28:460

Okay. This is um a property at 818th Street Northwest. In 2019, we entered into an agreement with them to um provide uh down payment assistance as part of the down payment assistance program. Um we get a we have a u recorded uh note and mortgage on the property. Even though there's no val um anticipated return on value, the house is now sold and in order to finalize the closing of it, they need us to um uh release the promisary note and the mortgage and the filing fee is $7. So that would be added to what we have already. Any questions or further discussion? So did she meet all of our regulations and she doesn't owe the city anything? Correct.

1:28:44 – 1:29:140

That is correct, Deb. Thank you. Okay, this will be a roll call vote then. Moore, yes. Brolder, yes. Maynor, yes. Olaflin, yes. Applebee, yes. Weber, yes. Hannah, yes. That passes 70. Next, we move to item number 24, which is the um need a motion to approve and authorize the city manager to sign the ILP ILP annual billing agreement. So, move. Second.

1:29:12 – 1:29:560

I have a motion and a second. Any discussion with regard to this? They do a beautiful job and they also take call or accept the calls which really they're invaluable in our circle. They really [snorts] help the city. Further discussion hearing none. This is a roll call vote. Also I I would say we can we I thought we should find somebody cheaper human resources. Okay. Um this is a roll call vote then. Prider. Yes. Mayor, yes. Olaflin, yes. Applebee, no. Weber, yes. Hannah, yes. Moore, yes.

1:29:53 – 1:30:300

That passes 61. Next, we move to item number 25. Um, this is a um a motion to approve an agreement with [music] McGrath Human Resources Group for the classification and compensation study and to authorize the mayor to sign the agreement. Some moved. Some move. So I have a Well, you just Mike, do you want to make be the second because Brett was the motion? Yeah, that's great. Okay. Okay. So, um, further. So, did you say

1:30:28 – 1:31:190

basically what what what we're talking about here is a um a compensation study for the it's going to cost $37,500 approximately. It's $37,344. This was discussed at the work session last week Jan on January 5th. Um so the question is um you know do and this the contract was attached um the company is out of Tennessee. Um you can they're um H 222 and 22 through 22 5 or six. Nope. 7 through through 2 227 is the proposed contract itself. So discussion regarding this.

1:31:15 – 1:31:530

I got one question. The 37344, right? Is it it's the total? So it says their travel expenses not to exceed 5,000. So if it's under 5,000, it could be less than that 37. I guess so. That that's how I would take it. I mean, we can we can clarify. I my thoughts and interpretation is this is just the highend are Oh, the travel expenses are not in the 37,000. And I just got a team's message from Matt. Okay. It's on on it could be on and above that 5,000.

1:31:50 – 1:32:350

It's potential. I I believe and I can't speak knowingly for sure. I think they probably high estimate and um we may not even use any travel. We may do virtual. So it my my thought is is they probably budgeted high because they don't know for sure. Honestly, it's better to budget high than lower because then it's not so much of a okay, say 20,000 and then oh, now we got to charge you an extra 15 or 20 because we didn't know about all this work. And a lot of it depends on how many times you guys contact them and they actually have to come up here, you know. So, traveling time depends on

1:32:32 – 1:33:130

but we we may not we there may not be any travel time at all. Do virtual. Yes. Correct. Brian, I uh I thought a lot about this over the course of the last week. We talked about at the work session and [clears throat] I was on board last week to do this. I felt that it was something that we needed professional services for. And the more I've thought about it as far as with my own personal experience experience from in management and working with employees, I think that we could utilize that money better elsewhere. Uh, I know that when we talked about this, Susie, I know that you and Matt both had expressed concern with the amount of time it would take to do it.

1:33:11 – 1:33:420

And I'd like to propose that we don't put that on the 2U. I think that we look at if we were to look at the job requirements of our department heads. I think that's something that they could put together and then have discussions with Matt about and come up with what we feel is an adequate salaries and wages for our employees. I agree. As well as well as their job descriptions. Okay.

1:33:39 – 1:34:180

Two two things. I have an email from Matt regarding this about why we should do it and the uh following analysis outlines the legal and operation liability and on out ofdate job description creates for an Iowa municipality which I can read all that if you guys want me to. I can't. I think the only I mean I would definitely want to have if if we're now talking about legal I would definitely want did that did he talk with Doug Herman and Doug Herman said that that's the case. I mean I would want to make sure that that's the case. I I don't not doubting Matt. I'm just saying I'd like to hear that from Doug Herman.

1:34:16 – 1:34:460

I know Doug has reviewed the contract and there's I think some maybe a little uh things that need he's got some concerns about some of the issues. Okay. But I mean if it it's not that much to read that's fine. I have no problem. Is there can I ask one question before you do Susan? Do we know if there's a requirement on timeline for job description when we were talking about that legal is there that one has to be performed every 6 years 10 years

1:34:44 – 1:36:440

that I don't know but here. Okay. So everything he sent me comes from state code. Okay. So an an inaccurate job description is not merely an administrative lapse. It is a significant liability document. In Iowa, where municipal immunity is limited and specific statutes like civil service and veterans preference impose strict procedural requirements, a job description often serves as the controlling instrument in court. If the document does not match the daily reality of the employees work, we lose our primary defense in disputes regarding pay, injury, termination, and liability shielding. Tort liability and scope of employment law, Iowa code, chapter 670. Under chapter 670, tort liability of governmental subdivisions, the city is generally liable for the tors of its officers and employees acting within the scope of their employment. The risk. If an employee causes harm while performing a task not listed in their job description, the city's insurance carrier or legal council may argue the act was outside their scope of employment to avoid liability. However, this can backfire if the city cannot prove the employee was acting within their scope. We may be unable to indemnify them, leading to internal lawsuits and morale crisis. Conversely, if a plaintiff proves the city implicitly authorized the undocumented task, the city is fully liable but lacks the written protocols to prove that we exercised due care and training for that task. Number two, civil service appeals Iowa code chapter 400 for cities operating under civil service chapter 400 governs appointment

1:36:40 – 1:38:390

promotion and discharge. The risk the Civil Service Commission relies on the official classification to determine if an exam was fair or if a disciplinary action was arbitrary. If we discipline a civil service employee for failing to perform a duty that appears nowhere in their description, the commission and subsequently the district court is likely to overturn the discipline. We essentially hand the employee a winning argument that they were never officially assigned the duty in the first place. Three, veterans preference disputes. Iowa code chapter 35 C. Iowa Veterans Preference Law provides strong protections for veterans in appointment and retention. The risk if a veteran applies for a role and meets the written qualifications of an outdated description but is rejected because they lack a new but unwritten skill, we face a high risk of a successful legal challenge. Furthermore, veterans can only be removed for incompetency or misconduct after a hearing. Prover proving incompetency is nearly impossible if the competency standard is not clearly defined in the current job description. Number four, ADA and essential functions. Federal ADA compliance relies heavily on the written job description to defined essential functions. The risk if a job description fails to list list a physical requirement. An example must lift 50 lbs. that is actually essential, we may be forced to accommodate an employee who cannot perform that task simply because we cannot prove it is essential on paper. Conversely, if the description lists obsolete physical requirements that screen out disabled applicants, we face discrimination claims for enforcing barriers that no longer exist in

1:38:37 – 1:40:020

reality. Number five, wage and hour classifications. Fair Labor Standards Act. Misclassification is one of the most expensive errors a city can make. The risk job descriptions are the first piece of evidence auditors review to determine FL LSA exempt status. Exemption status. If a description uses exempt language, for an example, independent judgment, but the employees actual day-to-day work has shifted to non-exempt routine tasks, we are liable for back overtime wages up to 3 years and liquidated damages. The economic reality of the job always trumps the written title. Number six, workers compensation, Iowa code, chapter 85, the risk. When an injury occurs, the job description helps determine if the injury arose out of and in the course of employment. An outdated description can obscure whether a specific hazardous activity was part of the job. Additionally, when determining return to work or light duty options, medical providers rely on the job description to set restrictions. If the description ignores current physical demands, a doctor may release employee to work prematurely leading to reinjury and compounded claims. Is

1:40:010

that done? Are you

1:40:02 – 1:41:570

I am done. Now, my second point, right now, this time of year, we are all working on budget and other projects to where, and I'm I'm I try to say this with as much respect as I can, our plates are full. We don't have time to do this. Plus, you're going to have departments that think their employees should be doing XYZ and make one, two, three for amounts to where if we have a company come in, they will look at our job descriptions. Right now, we do not have salary ranges to where if somebody leaves, it's up to the department head to figure out and if if it's a non-union position, this is what they're going to start at. We we don't have that right now to where we have staff that feel they do they do so much more work but they're not paid fairly for it to where that's why we need this study to have a third party come in with no ties to anybody and do this for us because again our plates are full. You you put this on us then our normal day-to-day stuff is not going to happen. And if I don't submit the budget, we are so to our we're we're stuck with property tax money. We can't get more even though it's already being reduced at the state level. This is this is very valuable for us to do it. It is in the budget to do and I I encourage you to approve it. I think it's $37,000 you could pay an outside company to write up one time only this year only to say but this is what it's going to be

1:41:54 – 1:42:360

they're teaching us how to do it so for future I would I honestly I don't understand doesn't the city manager know how to doesn't the department I mean doesn't the department heads lean towards him to be able to legally but he als he he he has other stuff he needs to worry about right now he has the grant opportunity, the federal grant opportunity for First Street West to do from the bridge to city limits. He has the wastewater treatment plant project he is working on. When when is he supposed to fit this into his schedule, plus all the other day-to-day stuff he's got going on with the city?

1:42:33 – 1:43:160

I'm sorry, but we we don't work 24/7. We have lives outside of here, but we're paying him a lot of money to in order to do this. And we're going to spend $37,000 to have somebody else do the work. I I understand it's a lot of money, but we have it in the budget. We don't have our plates are full with other things. If you put this on, we it's But nobody nobody said it has to be done right now. Nobody said it. So, two things. Isn't this something that Iowa League of Cities could provide us? No. How not? Because a group they can they can offer advice and stuff like that, but this is not something they do. They do a compensation study every year.

1:43:15 – 1:43:320

I can't believe that they would. But they but they they require cities to give them the information. They don't come and do it for you. They don't do a compilation on the course of the year on what they get from other cities. But you have to have cities do that. So like normally,

1:43:30 – 1:44:130

right, you don't have to do it. Like every every year I get one from Estherville where like our the positions we have here in Independence don't match other cities. For example, I'm an assistant city manager, city clerk, treasurer. Where in Iowa is another one of those positions? So how can you how how can I accurately say this is what I should be making to where this is if you have a third party they can they can look at things basically they can look at my job description right now are you doing these things yes or no

1:44:10 – 1:44:340

but the employees will be involved in this but that's we can give our input we can say this is what I do this is what I don't do but other than that all water plates are full. You're you're asking for the moon and the stars and I I can give you tree branches and limbs.

1:44:32 – 1:46:300

Ralph, go ahead. Um I'm actually just the opposite of of Brian. I was always originally against it looking at the 37,000 outlay and stuff, but then I look back at being in the corporate world for almost 30 years, 28 and a2 years before I retired from them. To my understanding, it had been a long time since the job descriptions have been pretty much laid out and everything gone over and stuff. And in order to properly protect the city, you need or you should, you don't need to do anything, but you should periodically do outside sourcing and finding out what all the parameters are of communities within your spectrum as far as population and all the different categories of employees and everything. Because if you mess up and and demand an employee to do one certain thing that technically isn't in his job performance and then they they you know go to sue the city. Sure, we have insurance for that, but still you don't want the outlay of it. But then all of a sudden research goes in and they find out, well, in all these other communities in your size and range, they would never require that. And so then you have a discrimination thing and all sorts of stuff. And and you know, another thing we need to find out is how are we actually setting paywise because you've been around business for a long time. When you le lose a good employee because they go somewhere else and can make more money, it cost a ton of money before that person gets properly trained and doing the job

1:46:28 – 1:47:120

again. I mean, we we figured that we lost money for a year and a half before we had our employees properly trained and and it turns around and cost you money. 37,000. Yes, it does sound like a lot, but in the scheme of things of a 223 million budget, and it hasn't been done for a long time, I think we not only owe it to our our employees, but we owe it to our citizens to make sure that we are doing the best possible job in protecting the city from future lawsuits. And I think this would help protect us on that aspect to a point. You're never going to totally protect the city. Ralph, let me ask you a question. But just looking at from that viewpoint, let me ask you a question. So I'm still in favor of doing it now.

1:47:10 – 1:47:470

Okay. Let me ask you a question about compensation. So let's say we did a compensation study. Mhm. And the compensation study showed that they were overpaid. Mhm. Would we ask them for the money back? No, you aren't going to ask them for the money back. But but when it come but when it comes time for raises, that that is where you can go. Okay. That is where you can go and say, "Well, wait a second here. everybody else in in your particular category are making $5,000 a year less. And do you there there you have the negotiation factor on on not giving as much of a raise as you normally would.

1:47:46 – 1:48:230

Do you do you foresee that do you foresee the city the city if if the city determined that if they did a compensation study and it was determined that this the employees were underpaid, how many of the employees are going to stay here if they can go get more money someplace else? That's that is a risk and a chance that you take. I think to be fair that's a that's a risk we take right now anyway. If you look at police departments further east you go on Highway 20 they make more. I mean honestly right any position you're at a risk right now to lose people because they can make more elsewhere.

1:48:20 – 1:49:000

We we in in dealing with that. I had a conversation today with one of our businesses in town and they are desperately in need of of electricians, but they cannot justify paying the amount of money that electricians are requiring right now simply because in Cedar Rapids with everything going on in Cedar Rapids, they're the [clears throat] the minimum average electrician down there is making $50 an hour and double time on over 40 hours and everything. So it all seems to apples here. So there's two see there's two things I thought I thought originally when we when this first topic first came up. Now I was not here last Monday so

1:48:59 – 1:49:320

um I don't know what was discussed specifically then but I thought that that the original discussion was more of a compensation study. It's both. I know it's it's both. It's classification study and and compensation study. Um because some of the council members were asking about this and had a concern about about this. I made a phone call to Doug and I said to Doug, "Is there anything in the Iowa law that that um requires us to have a compensation study every few years or every 10 years or every 20 years?" And he said, "Absolutely not." Absolutely not.

1:49:31 – 1:50:060

And I said to Doug, "Okay, so you've been you were a city administrator manager and then you were our city attorney and and have what other cities do you know of that that have done compensation and classification studies?" And he said zero. He said, "I've never heard of it until you guys brought it up." Actually, I'm looking one that Debuke just did in June of 2025. Which one? The classification. Both classification and compens compensation study. But their size of the city is not even comparable. So, we got 55 We got 55 employees, 55 job titles that we're talking about.

1:50:04 – 1:50:180

And all this $37,000 does is evaluate whether they're being paid appropriately into job description. And for the amount of money of 37,000 for city of independence, I think we could better spend that money somewhere else.

1:50:17 – 1:51:170

And I understand what you're saying about that the city could be sued if Jill or Jack was underpaid for the position and they can say because uh department head was not compensating correctly. But for $37,000, I think we can work with our local city manager or somebody you deem in control of this if you want to designate it somebody else within the city and have them uh evaluate it for 37,000 or less, would we be still be winning out? I come back to my point of I think it's better to have a third party come in because otherwise you're going to have one department think they are underpaid and they deserve more and all that where again third party comes in they look at everything they look at job descriptions they talk to the employees get a better understanding of okay this is what your job description currently says what do you actually do let's get it updated

1:51:15 – 1:51:590

third party is completely unbiased I don't have a problem with with updating the the um the classifications and making sure that everything that that all the things are are in order. Um I'm just not crazy about a compensation study and and my reasons are that you know I mean I I mean I was an owner in a firm with over 225 employees that I was responsible for and I and we we never had any compensation study because we didn't meet one because everybody knew what everybody else made at other firms and and um other law firms and and etc. I mean, did you also have salary ranges at that firm? Yeah, we did, but we but we created them, right? We don't. But we're going to we're going to ask them to do that for us because like I said,

1:51:57 – 1:52:320

why do we need them? Do do you really say for example, when I had to hire my people, I had really no idea what to start them out at. So, I looked at back what previously people made and adjusted to where I have pe I have people and we've got other departments where they have experience. Well, what do I start them out at? But do you really think So, I come up with a number. I I have somebody that thinks they probably should be making worth making more, but I started them out at this. So let's let's let's

1:52:29 – 1:53:110

so where if we now have salary state or salary ranges, we know if a person comes into this position, they have low low experience, they're on this end of the range. If they've got higher experience, they're on this end. We've got a starting point for wages as opposed to just plucking a number out of the random. But that's only this one year. You're paying 37,000 to find out what it is at this given date and time. But it gives us a starting point of what we need to do and we can keep using that information. They're going to they're going to teach us how to do this. You you you guys really want department do it now. So we'll kind of teaching you the time to get learned.

1:53:11 – 1:53:550

I make a motion we table this until the next meeting could be there. Second. Uh, Weber and Olaflin, do you because you made the original motion and second, are you in okay with tableabling? Uh, yes. [clears throat] Is the roll call vote on tableabling? Brad's question. So, how do you think we should do the wages and and stuff if if the third party doesn't do it? Who should do it? City manager can do it. Well, it's not that easy. You know, you're not I I disagree with that.

1:53:53 – 1:54:380

Department heads, they know what a physician should pay for it. I guess we we're but we're voting now to table this so we can have a full discussion with with you know at the time that Matt can be can join us as well. Um so let's have a roll call vote on tableing it then. Mayor, yes. Olaflin, yes. Applebee, yes. Weber, yes. Hannah, yes. Moore. Yes. Cider. Yes. Can that pass to 70? Then will this be on the next agenda or are we going to discuss in a lot of depth during a work session? I think we're going to bring it on a work session, but ultimately I think that would be the best route [clears throat] cuz that this could drag on for an hour or so on this topic.

1:54:34 – 1:55:120

Okay, let's move then to item number 26. This was the police department monthly report. So, um, it's not only the monthly report, but they also have their annual report in there as well. So, does anybody have any questions for for u Chief Laauo regarding the um either the monthly report or the annual report with regard to the police department? No, I I I want to thank you for

1:55:07 – 1:55:520

Susie. The the $10,49 is on page 108 if you want to do that with the police department, but if you don't, I'm sorry. Thank you, Deb. I I want to thank you for having the annual report because I'm trying to pull it back up here, but it looked like it was like 4,000 and some calls. 45,532 calls. That's a lot. That's a lot of calls in one year for a town this size. It is, you know, and you know, people people come up and go, you know, what what do our police department do other than just drive around all the time? Well, he had over 4,500 calls in one year.

1:55:51 – 1:56:270

That's a lot. And that number just keeps going up. Obviously, our city unfortunately we keep population goes up. We have new subdivisions and every year our calls for service are going to increase. So, I you know, I just hope that word gets out to the general public on realizing how much you guys actually do do and how much you have to respond to. So, thank you for that. So, questions regarding the report for No, sir. For him, anything else that that

1:56:24 – 1:57:090

uh No, nothing that I can think of other than the fact that like I said that that number for that our monthly report and our annual report is generated based on the calls for service that go through to dispatch. If for some reason a dispatcher maybe puts a call in differently than what another dispatcher would, that call might not reflect accurately. Just for instance, on the monthly report, I know that I dealt with a truency issue and I see the report said zero, but I did deal with one for the month, but I think that calls for service had gotten put in as a welfare check. So, just keep in mind depending on how those calls get generated is how that those numbers come before you, but still the true number of calls is there. It just may be categories over that 4,000 incorrectly.

1:57:09 – 1:57:520

Okay. Thank you. Thank you, Chief. Thanks, Chief. Moving then to item number 27. This is the fire department monthly report. Anybody have anything that they um This was just the monthly. There wasn't an annual yet. So, with regard to the monthly, any questions that we had regarding that. Anything else? More questions from me, mayor? Okay. Moving then to item number 28, which is the building code enforcement um department. Um, everybody have a chance to look at that report as well? And I I believe um I believe that was just monthly, right? I don't think that was an annual. No, that was just monthly.

1:57:51 – 1:58:340

Any questions that you have for Matt regarding that? Okay, moving then to item number 29. Sorry. Thank you, Matt. Thanks, Matt. Um, item number 29, the ILPT report, which was in there. Any questions regarding that that we can take to them? No. Okay. Uh moving then to council member uh reports. Um start with you. I have nothing there. Um then let's go to Deb. Do Deb, do you have anything? Nope. Everybody stay healthy back there. Tough. Try. I say that. Well, do you have anything?

1:58:31 – 1:58:530

Um yeah. I just want to uh put out a reminder to the uh citizens that on the uh 24th of this month, the Oakwood Cemetery Brigade is doing the chili cookoff and that will be at River's Edge. Tell me the date again. I'm sorry. Pardon me. The date again, I'm sorry. The date is 24th of January. [snorts]

1:58:49 – 1:59:340

Okay. And as of uh today, we've already got uh it was I wasn't given the exact they thought it was either 10 or 11 people have signed up it to compete in the chili cookoff and we do have over 30 businesses again this year have donated stuff for a silent auction to help raise funds. And Lord Lord helping uh it'll be a lot warmer than it was last year. We have a bigger turnout. the last last year when we were closing up and loading vehicles, the windshield factor was 12 below and that kept a lot of people away. [laughter] So So this this is a Saturday. It's a Saturday. And what are the times on it again? Uh 4:30 to 6:00. Saturday the what? Pardon me. What? Saturday?

1:59:34 – 2:00:180

24th on the 24th. 24th. And this would be at River's Edge. River's Edge. Tell me last year, did you do carry out or you did not? We we did carry out, but it was in a different fashion. Uh we just use cups, but we actually have bowls this year. Okay. And with lids and everything. We we do have we do have carry out. And it's 100% donation. If you want to come in, eat chili, you don't have to pay anything. One of our we had 14 contestants last year. We possibly could end up with that many this year. And one of our city employees, won't mention any names, but he ate one bowl of each chili. Mike. 14 bowls of chili that night. Mike. Wow. It wasn't Mike.

2:00:18 – 2:01:010

It wasn't Mike. It was not Mike. But 14 bowls of chili. That boy's got a good stomach. [laughter] So that's it. Mayor, I brought up everything that I have. Mayor, thank you. Okay. I have nothing. Uh Mike, yeah, I'm gonna sign off. Uh, I'm an hour overdue for my pain pill. So, if I w I wanted to hear you after you were all looped up on your medication. Is he going to be here in two weeks? Thank you, Mike. Thank you, Mike. Feel better? Thank you. I have nothing. Um, do you want to do anything? I don't.

2:01:020

So, we'll just get

2:01:04 – 2:02:250

Okay. You do you have anything? No. any other department has the I think they all said that their piece. Um just couple things. Um January 9th um I attended the emergency management 911 executive committee uh meeting. Uh they had a couple of uh mostly it was mostly spent doing budget like everybody everybody else has got stuff doing. They did they did have two um grants the the the health trust and the emergency um um management professional grant. So one was for7,000 and one for for 23,000. So they're trying to do that use some of that for the to organize some of the equipment and some of the other things. The Dwayne Arnold Energy Center um they're in the process of u some of the training and things that involve our police department and our fire department. As a result of that, uh, they're looking to do a either a memorandum of understanding or a 28 agreement with the city so that we have our compensation. So when we our people are used, we get hour we get hour for hour compensation back. Um, and that's that's all I have. Did uh I was going to ask you Oh man, I lost it that quick. Oh, no. I was just going to say I saw Did the Was it the county that put out the ambulance director

2:02:23 – 2:03:030

position open that up? Exact the ambulance pos director position is open. Um for those for those that are out there that are that are interested, the supervisors decided not to take a pay increase and all of us agreed to not take one as well. So I'm I'm going to continue with my $8,000 a year salary and the other people can continue with their $50 a meeting and and spend two 250 a month in gas driving around. [laughter] I need I need a motion to adjurnn then. So moved. Second. All in favor? You get second? Not really. Bye, Deb. Who was the second on that? Okay. Okay.

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.