Council - Regular Meeting

will call the meeting to order. Please join me for the pledge of allegiance. Pledge algiance 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 the regular city council meeting for April the 13th, 2026. Start with a roll call, please. Weber, yes. Hannah, yes. Moore, yes. Brolder, here. Mayor, present. Olaflin, yes. Applebee, yes. Um, with regard to item number three, approval of the agenda. I'm going to move the um item number five ahead of item number four. Uh, so let's start with motion to approve the agenda as amended. So moved. Second. I have a motion to second. All in favor? I oppose. Passes 70. Next we'll move to item number five then which is the uh the triumphant church.

Good evening. Hello. We we've got the correct date and time. We've got the correct date. So, my humble apologies for you that may not have been here. We showed up uh in February thinking the council meeting started at 6:00 and that was my bad. And uh so I apologize for that. We showed up, nobody was here. So, but anyway, nobody would take the money. I just

That's right. But uh I'm Lance Fricky. This is Tyler Kaine, uh Andy Hudson, and Danielle Haynes, part of our congregation staff at Triumphant Church. And on behalf of Triumphant Church and our congregation, we would like to present the Independence Police Department with a check that is a part of our Christmas offering that we do every year. this year. Um, the police department was one of the beneficiaries of that offering and we have a check for $1,500 that we would like to Brian. You want to come up? Thank you very much, Chief. I sincerely thank you for the donation. We appreciate it. You're very welcome. Blake's got the photos.

Thank you very much. You mind getting a quick picture with us? Sure. No, we would love to get you on the spot. No, you want Yeah. I don't have three hands, but I'll I'll take a couple and we'll swap them out. All right. One, two, three. Perfect. All right, one more. One, two, three. Awesome. Thank you very much. Thank you. We have no other offer today.

You're welcome. Thank you very much. Appreciate it.

Okay, now we move to item number four, which is public comment. Um, Mr. Kenninger, did you want to come up? You guys know me, Mr. Mayor, Mr. City Manager, rest of the city council. I'm here tonight to address two serious, but they're connected issues. First of all, the conduct of your police department and the city's handling of my property. Let me be very clear from the beginning. You have already been placed on formal notice. You two I know have been sent letters um certified letters were sent and on March 17th a federal civil rights lawsuit 42 USC 1983 was filed in the United States District Court in Cedar Rapids Iowa against the Independence Police Department against and the city of Independence also against Christopher Bose officer Gabe Christensen and two John Doe officers that uh we will be naming later. The this lawsuit is not speculative and it is not exaggerated. It is grounded in evidence. I have video evidence from my house video. Two videos on my house of what happened. I have had four shoulder surgeries, three of which are the result of your police department. The last shoulder surgery that I had was a week ago. And I was told that my shoulder cannot be repaired. It can no longer be repaired. It can't do anything for me. I had a shoulder surgery in November and

I woke up at 18 staples. 18 staples right here because my muscle had retracted all the way up here. I'm almost 50 years old, but I can't rotate my arms like any one of you because of the way your police officers treated me on July 7th of 2024 after they knew by three adult witnesses that I had just had shoulder surgery a month before. And they knew that And I have video evidence that they knew that. So there is a 1934 19 or excuse me a 1983 lawsuit that has been filed against this town and against this police department because of that. Since that night, I have undergone those surgeries and most recent surgery April 1st of this year. And I now have been told there is no further repair that can be done. And I am seeing my doctor on Wednesday to find out if I'm going to have to go to Iowa City or Rochester to have a balloon put put in between the two bones in my arm just to relieve the pressure. That means I will be until I'm 70 years old. The only damn thing that I will be able to do with my left arm is to pick up 20 lbs from here up to here. That's it. Not going to be able to lift it up here. This is all the further I can lift my arm up. This is all the further I can lift it up this way. But y'all can lift your arms up, can't you? I can't. Sure can't. Permanent damage. Permanent damage. This is now how I have to live the rest of my life. What should have been a routine rotator cuff surgery and a heal

time has resulted in permanent damage. My children are scarred from that night as a result of your officer's actions. This is the result of the decisions made by your police department. decisions that reflect a failure of training, a failure of supervision, and a failure to follow clearly established constitutional standards. Now, let's talk about the city. Last July, I was ordered under the threat of removal and destruction to move a repurposed flower planter from the rideway. I complied under that threat and moved it onto my property. The city's actions regarding my property also raises serious constitution constitutional concerns under both the first and 14th amendments. The repurposed planner at issue is not merely an object but a form of personal expression property use implicating protected expressive conduct under the first amendment. At the same time, the selective enforcement of municipal pro authority requiring the removal of my planter while permitting similar or more substantial objects to remain implicates the equal protection clause under village of Willowbrook versus Ole. A class of one claim arises when a property owner is intentionally treated differently from others similarly situate situated without a rational basis. Here, the city's justification has s shifted from safety concerns to public public complaints while comparable objects remain undisturbed, raising clear concerns of arbitrary enforcement, unequal treatment, and impermissible intrusion upon protected expression. At that time, I raised a very simple point.

Other residents have structures, brick mailboxes, landscaping fe features, and similar fixtures that pose equal or greater risk. Since then, the city has shifted its position. Now, residents are being told to remove those structures or sign waiverss. Bricks around the mailboxes got to sign waiverss for that or remove them. But you say it's to protect the city plows. Mhm. That shift did not happen because of safety. It happened because I refuse to be quiet. What this shows is selective enforcement. It shows inconsist inconsist inconsistency and it shows that decisions are being made in response to complaints and pressure, not based on uniform application of law. So, I am going to be equally clear about what comes next. I am fully prepared to file an additional federal lawsuit rights against the city of independence for violation of my constitutional rights, including First Amendment protections and equal protection under the law. This isn't a bluff. I have documentation. I have photographs. I have addresses. I have evidence that demonstrates unequal enforcement. And I under exa understand exactly how a 1983 litigation works. If this proceeds, the city will be required to defend its actions in federal court. That means attorney's fees. That means times time. And that means expense. And that means exposure.

So this is where we are. You can correct us now voluntarily, responsibly and without further escalation. Or you can explain it in federal court. Those are your options. You know how to contact me. And just to let you know, your complaint that you got, your few complaints that you got for one repurposed toilet, now you're going to get complaints on eight repurposed toilets because there will be eight of them in my lawn this year with red, white, and blue flowers in them to celebrate the 250th birthday of our country. And I will make sure that they are in my lawn. So you don't have to send out the code enforcement officer because I know what my lawn is. I had him out last year. So once again, I will reiterate you can correct this now voluntarily, responsibly, and without further escalation. Or you can explain it in federal court. Those are your options. and you know how to get to contact me. Thank you.

Okay. Thank you, Mr. Ker. All right. Let's move to the consent agenda. I need a motion to accept and approve the consent agenda that um that as follows. The minutes of the March 23rd, 2026 special meeting. The minutes of the March 23rd, 2026 regular meeting. The Independence Park and Recreation Class C retail alcohol license renewal for baseball softball complex with a tenative effective date of March 17, 2026 through May 16th. Did I say May 17th, 2026 through May 16, 2027? The Miniart Class E retail alcohol license ownership amendment. The trendy tulip special class B retail native wine license renewal with a tenative effective date of April 15, 2026 through April 14, 2027. Do I have that motion?

So move. Second. I have a motion and a second. All in favor? I oppose. Those pass 70. Uh next item we need to we move to financials item number seven on the agenda. I need a motion to approve the claims for payment. So moved. Second. I have a motion and a second. And all in favor? I oppose. It passes 70. Next we move to item number eight, excuse me, which is the bank reconciliation. This is for information only. Anybody have any questions or comments with regard to the bank reconciliation? Okay, hearing none, we move to item number nine, which is the revenues and expenses to date. Again, this is information only. Anybody have any questions or comments with regard to the revenues and expenses to date?

It's very helpful, especially as we move toward the end of the finance season. Thank you. Okay. Uh, now we'll move to item number 10. Uh, I need a motion to approve the third and final reading of the um ordinance amending chapter 69 paving regulations. So moved. Second. I have a motion and a second. You got it. There parking regulations. You said that's okay. Oh, well get a pavement, too, right? No. Okay. Yeah. Parking regulations. Um, you'll recall that we've we've this is our third reading, so we've discussed this multiple times. This is the 200 block of Second Street Northeast, uh, in front of where the old library is. Is there further discussion with regard to this?

Are we going to keep the handicap spot there? I don't believe the handicap spot is on that side of the street. Is it? Yes, there is one there still. We might want it for the post office, though. Post office has got one. Um, I don't think we're planning on moving the handicap space. Am I right, Dustin? Isn't there a blue spot? Was removed, but never was repainted cuz after we bought that was changed. That was removed by Tim, but never got painted over. They said they're going to do it next time they paint the streets and never did. Okay. I didn't think there was an active one that it's painted blue. Yeah, there's there's not a sign there, but So, the average person pulls up there, I think it's handicapped when it's blue. Sign's gone as well. They've never together.

Mhm. Okay. Any further discussion with regard to this? Okay. Hearing none, this would be a roll call vote then. Hannah, yes. Moore, yes. Yes. Maynor, yes. Olaflin, no. Applebee, yes. Weber, yes. Okay, that passes 61. Uh, next we move to item number 11. Um, I need a motion to approve the second reading of an ordinance amending the provisions pertaining to chapter 170 zoning regulations. So move second. I have a motion and a second. Um the first reading on this was March 23rd. Um this is in excuse me the um in the Steve G project. Um we talked about this at the uh the the change in the um

the zoning the zoning itself to allow it to be um change it to R2. Yeah. To change it from R2, sorry, R3. R3. Um, is there any further discussion with regard to this? Okay, hearing none, then that this would be a roll call vote. Moore, yes. Brolder, yes. Maynor, yes. Olaflin, yes. Applebee, yes. Weber, yes. And yes.

Okay, that passes 70. Um, does anybody want to make a motion to suspend the statutory rule to allow this to be voted on as a final at this time? Okay. Then if there is no motion, then we would then move to item number 12. Um this is the first reading of an ordinance u amending the provisions pertaining to chapter 65 stop required. So this is related to the new subdivision that was recently completed by Steve G. In order for us to install stop signs out there the way that our code is structured, we need to add these into individual locations to the to the uh code so they're listed out in there. As we were looking at everything because of the other issues that we've had down there, when we reviewed some of the stormwater issues and those things, we started looking at the other streets that were there too and realized that Cardinal Court and Goldfinch Court had al also never been added to the code to have stop signs put in at Spruce Drive. So, we've included those in this as well. So, there are four locations, Cardinal Court and Spruce, Goldfinch Court and Spruce, Bluebird Court and 6th Avenue, and Cedar Drive and Bluebird Court because the intention is for Cedar Drive to connect to Juniper at some point in the future.

Okay. Before we have discussion, is there is there a motion? So moved. Second. I have a motion to second now. Okay. Just further discussion regarding this. Okay. Hearing none, this will be a roll call vote. Olaflin, yes. Applebee, yes. Weber, yes. Hannah, yes. Moore, yes. Perser, yes. Mayor, yes. That passes 70. Uh, next, does anybody want to make a motion to suspend the statutory rule to allow this to be heard at this time and for final passage? So moved. Second. I have a motion in a second. Um, this would be a roll call vote and I must have six out of seven to pass. Applebee, no. Weber, yes. Hannah, no. Moore, yes. Pader, yes. Mayor, yes.

Olaf, yes. Okay, that fails. So, um, the second reading will then be on for the 27th. The 27th of April. Uh, next we move to item number 13. Um, I need a motion to approve and authorize the mayor to sign the resolution to provide the notice of hearing on proposed plans, specifications, form of contract, and estimate of cost for the wastewater treatment plant modifications project and the taking of bids. Therefore, start with moved. Second. I have a motion and a second. Do them both. So, I'll second it. Got both. I got them already.

Okay. Um, discussion if any on this. I mean, we've talked about for a long time, so we're finally in the position to be able to do this. So, does anybody have any discussion about it or I'm just glad that it uh is finally here after all the years of debating and talking about it. Okay. Um I know that that um at the workshop on April 6th, um the work session on April 6th, we passed out um the um anticipated schedule for bidding, etc. Does anybody have any further comments with regard to that? Okay, then let's just move to the the vote on it. Roll call vote, please. Hannah, yes. Moore, yes. Brolder, yes. Maynor, yes. Olaflin, yes.

Applebee, yes. Weber, yes. Okay, that passes 70. Um, next we move to um item number 14. I need a motion to approve and authorize the mayor to sign the resolution that approves the fiscal year 2027 budget, CIP, and transfers. So, move. Second. Okay. Okay. I have a motion and a second discussion with regard to this. Matt, do you want

The only thing I was going to point out is I know we had somebody this evening that had talked about property taxes and the need to reduce them. The city is reducing our tax rate with this budget. Our current fiscal year 26 tax rate combined city levy rate is 19.6334. The tax rate under this budget for fiscal year 27 as it's been proposed is 19.01225 which is a reduction of 62.62115 per thousand of taxable value. Further discussion with regard to this. Okay. Hearing none, this would be a roll call vote. Moore, yes. Yes. Maynor, yes. Olaflin, yes. Applebee, no. Weber, yes. Hannah, yes.

That passes 61. Uh, next we move to item number 15. Um, I need a motion to set a public hearing on April 27, 2026 at 5:30 p.m. for consideration of a reszoning request from M2 heavy machinery machining to M to C2 Commercial within the city of Independence, Buchanan County. So move second. Okay, I have a motion and a second. This is the property um that's owned by Michael McDonald. Um it's by the school. He's trying to change uh the use of the property. He wants to put a um residential portion above the current um portion which is for manufacturing I believe. He he has a commercial use in the bottom in the main floor of it right now.

Okay. Um any further discussion with regard to this then? Will that go to pling and zoning first? It's been to planning. It has been it has gone to planning and zoning already. Yeah. And this is just to set the hearing. They've approved it. They they recommended approval. Yes. But this is just to set the public hearing and then we move to the next step. Moving. Okay. Thank you. Okay. So that you're voting on on setting the public hearing for April 27th, right? Um roll call vote, please. Persider, yes. Mayor, yes. Olaflin, yes. Applebee, yes. Weber, yes. Hannah, yes. Moore, yes.

The pass is 70. Um the the next few um resolutions are all involve things that came out of the budget themselves itself. These are the fun the approval of the funding agreements themselves. So, we'll start with item number 16. This is a motion to approve and authorize the mayor to sign a resolution that approves the funding agreement with Operation Threshold, Inc. Um, and the city manager and city clerk to sign the funding agreement. So, move second.

I have a motion in a second. Um, this is a $2,000 um uh funding that would come from general funds. Anybody have any further discussion with regard to this? like a fun bund towards something like a library agreement. I'm sorry. Can we use Isn't this the funds for hotel motel money? This is not hotel motel money. This is general funds. What? This is general funds. This is not hotel motel. Okay. Okay. Any other discussion? Okay. Roll call vote then. Mayor, yes. Olaflin, yes. Applebee, no. Weber, yes. Anna, yes. Moore, yes.

Yes. Okay, that passes 61. Moved to item number 17. I need a motion to approve and 16. No, we just did 16. My apologies. 17. You're right. I need a motion to approve and authorize the mayor to sign a resolution that approves the funding agreement with the Buchanan County Senior Center and for the city manager and city clerk to sign the funding agreement. Some move. Sorry. Okay. This is a $1,000. This does come from Hotel Moto. Um, further discussion regarding this? Okay, other than it's a roll call vote then. Olaflin, yes. Applebee, yes. Weber, yes. Anna, yes. Moore, yes. Perser, yes. Maynor, yes.

That passes 70. Next, we move to item number 18. This is a motion to approve and authorize the mayor to sign a resolution that approves the funding agreement with Buchanan County Tourism and for the city manager and city clerk to fund this to sign the funding agreement. So, move. Sorry. I have a motion, a second. This is a $5,000 funding um which is coming out of Hotel Motel. Any further discussion regarding that? This will be a roll call vote then. Applebee, no. Weber, yes. Hannah, yes. Moore, yes. Yes. Mayor, yes. Olaflin,

yes. That passes um 61. Uh next, we move to item number 19. Um, this is a motion to approve and authorize the mayor to sign a resolution that approves the funding agreement for the Independence Area Chamber of Commerce and for the city manager and city clerk to sign the funding agreement. So, move second. A motion and a second. This is an $8,000 funding from Hotel Motel. Um, further discussion regarding that. Okay. This would be a roll call vote then. Weber, yes. Hannah, yes. Moore, yes. Yes. Mayor, yes. Olaflin, yes. Apple B. No.

That passes 61. Next move to item number 20. I need a motion to approve and authorize the mayor to sign a resolution that approves the funding agreement with Northeast Iowa RC and D and for the city manager and city clerk to sign the funding agreement. So moved. Second. I have a motion to second. This is $4,000 funding. It's coming from storm water. Um any further discussion regarding this?

This just as an explanation. I'm on the upper wopsy wershed commission and it's a excellent excellent program. They monitor uh water testing and patterns within the water testing um to try to find areas where we can make improvements with buffer zones um or dams things like that. And uh they're they operate on a shoestring budget and this really helps them. So I hope we continue. Anything further on that? Okay, this would be then be a roll call vote. Hannah, yes. Moore, yes. Yes. Mayor, yes. Olaflin, yes. Applebee, yes. We Weber, yes.

And that passes 70. Next, we move to other business. Item number 21. Need a motion to approve the write offs for the 2025 um submitted by Independence Light and Power. So moved. Second. I have a motion, a second. This is something that we annually do. um they they they do their best to collect every all the money that they possibly can from the billings that have gone out, but then they provide the information to us um to make a decision with regard to writing off the balances that they're that were uncollectible. Any further discussion with regard to this? Okay, this would be a roll call vote. Moore, yes. Yes. Mayor, yes. Olaflin, yes. Applebee, yes. Weber, yes. Hannah,

yes. Okay, that passes 70. Next, we move to reports. Um, in the packet, uh, there was the police department's monthly report. Anybody have any questions for Brian with regard to um, the report? Okay, you're off the hook, Brian. All right, let's move then to item number 23, which is the fire department monthly report. Anybody have any questions with regard to those numbers with regard to the fire department? Okay. Uh, then we'll move to item number 24, which is the building department monthly report. Anybody have any questions for Matt with regard to those?

I just think we need to start working more on the junk properties and getting something cleaned up. We got rag coming through town and we got a lot of junk properties. You have something mined or specific or all over town? What What did you have in mind? I guess more specifically as what you can junk yards, garages that got holes in them, trash all over their yards. You see the things that he works on and gives out the reports and and it just seems like these places have been like this for years and we just don't seem like we're really getting them cleaned up.

It's a long process. It is, but we need follow through once we get them cleaned up to certainly to keep them that way and and try to get get things cleaned up. Mike just have something else. Any progress on the on it'd be Third Street Northeast with that property. One across from you, Deags on it. I've seen a day or today. Matt, you want to come up and give them a quick update as part of your report? There were people over there today. I'm assuming you're referring to the one we own now. Yeah. So, we're doing an RFP on on that.

We did get a tag today. Got the red unsafe building things. I noticed that. Mhm. Yeah. Need a dozen more. They'll put all over it. It's kind of romance. And I requested some information from Doug about that. Doug provided that to me I think last week. So, I need to get to I've just got to get the time together to put everything together and get it back to Matt so we can get that advertised and start taking bids on it. Perfect. Thank you, Matt. Thanks, man. Appreciate it. Um, item number 25. Um, this is the ILPT report. Anybody have any questions with regard to that report? Okay. Hearing none, we move to council members reports. Um, Mr. Weber, anything from you? Nothing, mayor? Nothing.

More? Nothing. Good, mayor. Thank you. You don't get a report. I have nothing today. Matt, she usually sitting there. No, Matt. Anything? Nothing. Mike, I'm good. So, just wanted to apologize for she wanted to let you guys know. Sorry. I'm sorry. She wasn't here earlier talking. Not this one. I got her name right. Came in earlier for the meeting. Pretty sure she said her name is Sue. Oh, Sue Albert. Yeah. She wanted to say she was sorry. Told her to tell you. Sorry for what? For her complaint and she hates to complain. That's what we're here for. Yeah.

She wanted to follow and I told her I'd tell you. So I Okay. Okay. Um any other department heads that had anything in that um we haven't covered? Travis, anything from you? Good. Thank you, Susie. Anything real quick? Yes,

very quickly as I wanted to update the council on our on our program that so we're about 3 months into it, 3 months away from deadline when when we have to make a decision enforcement or whatever we do, we're about a third of the way there. So people that have complied with the the uh indemnification form or we have investigated it further and just found that they simply didn't need it at all. So that's a little update on it. Thanks. And we're going to be sending out I think another Ralph and I talked about that just briefly just another kind of a letter a reminder letter that July 1st is coming up, right? We'll probably send that out first and next month.

So you basically have 30 handled out because it was 91 sent out or something like that, right? So we got 90. So we got like 30 of them all handled and resolved. 33. And what was the people have sat down and discussed it with you? They've totally understood everything. Correct. Yeah, it was um some confusion there and why we were doing it. It wasn't about the snow problems. We all know that and after explanation people understand. I was really surprised at how many actually have been hit by private vehicles, usually visitors backing out, coming in like that. Thank you, Matt.

Thanks, man. Thanks, Matt. Can you let me know when when the letter's gone out, please? I will do that. Okay. Um, I don't have anything. Matt, what do you have anything? I do not. Um, I think that covers everything that we have then. So, I need a motion to dismiss then. So, move second. All in favor? I oppose. Stand adjourned.