Council - Regular Meeting

Yeah. Well, I mean, my sister's living this for another 10 bucks. So, the boys go, it's going to be a $200 by the time Sandy and so I'll be using it that night. The other wanted to so it would have been me by myself. So I thought, you know, although I don't 40 bucks. Holy crap. There's always a bathroom. But we do have mom. Well, there goes some garage sale. There you go. Yeah. As long as if the market stays some of that storm coming out. As long as they don't put that plant out there. Started pouring.

The countyy's on that right now. I don't It's not over. Trying to build it right over that. dump us. I saw them going. No, they were even trying to sque. It will call the meeting to order. Please join me for the pledge of allegiance.

Pledge 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 27th, 2026. We'll start with a roll call, please. Weber, yes. Yes. Moore, yes. Here. Mayor is excused. Olaflin, yes. Applebee, yes. Uh, next, I need a motion to approve the agenda as presented. So, move. Second. Have a motion in a second. All in favor? I

oppose. Passes 60. Uh, next we move to public comment. Mr. Kenninger. Mr. Mayor, Mr. City Manager, city council members, I stand before you tonight just as not just as a resident, but as someone who has been directly impacted by the actions of your police department. I'm not here tonight to discuss the lawsuit. What I'm here to bring to your attention is something that just as important. Transparency, accountability, and consistency in how your citizens are treated. Within a very short time frame, just days after informing this council that the lawsuit had been submitted, a series of events occurred that raised serious concerns. After eight years of parking my vehicles in the same location without any issue at all, it was suddenly ticketed. Only hours later, that same officer stopped my wife's vehicle while it was being driven by her son, my stepson, and issued a warning for a yellow light. something that had never occurred before. And then today, a member of my family went to the Independence Police Department to request public records. What should have been a routine process was not treated that way. She was questioned about why she wanted the forms before being told to go to

Jessup to obtain the forms required to submit a public records request. She did provide a reason, but it was not the only reason the forms were needed, and she was not required to provide one at all. During that interaction, she disclosed personal and sensitive information in an effort to explain herself. Information that should not have been required or requested in the first place. Instead of being allowed to proceed, she was refused access to the public records request forms. In Iowa, individuals are not required to justify why they are requesting public records. According to the Iowa Law, specifically chapter 22 of the Iowa Public Information Board, a government body may not prevent access to public records by requiring a requesttor to identify themselves or state their purpose for making a request. While agencies may work with a requesttor to clarify or narrow a request that cannot be used as a condition to deny access. This was not handled by a front desk employee or due to confusion. This questioning was conducted by the chief of police. When the person responsible for leading the department participates in conduct that goes beyond what the law allows, it raises serious concerns about how these requests are handled and whether proper standards are being followed. That is not courtesy. It is the law. Courts have repeatedly recognized that

government actions taken in retaliation for protected First Amendment activity, including speaking at city council meetings, raises serious constitutional concerns. This speech, like any citizen's rights to address their government, is protected under the First Amendment. I am not here tonight to argue my case. that will happen where it belongs in court. But I will say this, when these events are viewed together, their timing, their sequence, and the individuals involved, they raise serious concerns that cannot be ignored.

Got about 30 seconds left. And they should not feel like they are being treated differently because of who they are. What happened should not happen to anyone and it needs to be addressed. When actions speak this clearly, explanations become less important than accountability. I'm prepared to take accountability for what is mine, even down to the smallest detail. And when I do, I'll be asking for a receipt. But accountability should go both ways. Thank you for your time.

Okay, let's move to the consent agenda. I need a motion to accept and approve.

Oh, I'm sorry. I skipped the proclamations. Okay, let's start with the Fair Housing Month proclamation. The Fair Housing Act enacted April 11th, 1968 in in enshrined into federal law the goal of eliminating racial segregation and ending housing discrimination in the United States. And whereas the Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, familiar status, national origin, and disability, and commits recipients of federal funding to affirmatively further fair further fair housing and their communities. And whereas independence is committed to the mission and intent of Congress to provide fair and equal housing opportunities for all. And whereas our social fabric, the economy, health, and environment are strengthened in diverse inclusive communities. And whereas more than 50 years after the passage of the Fair Housing Act, discrimination persists and many communities remain segregated. And whereas acts of housing discrimination and barriers to equal housing opportunities are repugnant to a common sense of decency and fairness. Now therefore, be it resolved that the mayor of independence does hereby declare the month of April, 2026 as fair housing month, an independence and inclusive community committed to fair housing and to promoting appropriate activities by public and private entities to provide and advocate for equal housing opportunities for all residents and prospective residents of independence. And I've already signed this. Next, we move to another proclamation. This is the 5 57th annual professional municipal clerk's week which is May 3rd through the 9th of 2026. Whereas the office of professional municipal clerk a timehonored and vital part of local government exists throughout the world and whereas the professional municipal clerk is the oldest among public servants. And whereas the office of the professional

municipal clerk provides the professional link between citizens, the governing the local governing bodies and agency of government at other levels. And whereas the professional municipal clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. Whereas the professional municipal clerk serves as the information center on the functions of local government and community. Whereas the professional municipal clerks continually strive to improve the administration of the affairs of the office of professional municipal clerk through participation in educational programs, seminars, workshops, and the annual meetings of their state, provincial, county, and international professional organizations. Where it is is whereas it is most appropriate that we recognize the accomplishments of the office of the professional municipal clerk. Now therefore, I, Brad Blener, mayor of Independence, do recognize the week of May 3 through May 9, 2026 as the professional municipal clerk's week and further extend appreciation to our municipal our professional municipal clerk's office and to all professional municipal clerks for the vital services they perform and their exemplary dedication to the community they represent. Uh this is dated today's date and I've now signed that. Um the final proclamation is um proclamation recognizing May 8, 2026 as provider appreciation day. Whereas childc care aware aware of America and organizations nationwide are recognizing child care providers on this day. And whereas the child care system supports children growth, development and education uh educational advancement while creating positive economic impacts for families and communities. And whereas child care providers are essential to the health of our communities by fostering safe and welcoming spaces, supporting working families and creating

enriching environments where children develop lifelong skills. And whereas the city of Independence recognizes that child care has been and continues to be a lifeline to for families, communities, and the economy. As such, it has provided much needed support to providers to help sustain the viability of child care by actively assessing our community needs through child care market analysis that was completed thanks to the rural child rural child care market study grant received through the center for rural revitalization, part of the Iowa Economic Development Authority, to develop a targeted strategic plan providing possible city tax increment financing to support local facility development for interested parties. And whereas support for affordable, accessible, high-quality child care represents a worthy commitment to help families work, support children's healthy development and learning, and to keep our economy growing. I therefore Brad Blector may of independence hereby proclaim May 8, 2026 as the provider appreciation day and independence and urge all citizens to recognize childcare providers for the important work and how they value uh and how valuable they are to our communities.

Okay, let's then move to item number six, the consent agenda. Then uh I need a motion to accept and approve the consent agenda as follows. The minutes of the April 13, 2026 special meeting, the minutes of the April 13 26 regular meeting. Some moved. Second. I have a motion to second. All in favor? I oppose. Passes 6. Next, we move to the 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. All in favor? I I

oppose. Passes 6. Next move to item number eight, which is revenues and expenses to date. This is for information only for the information in your packet. Anybody have any questions with regard to that? Hearing none, we move to item number nine, which is transfers. Again, this is information only which was in your packet. Any questions anybody has regarding that? Hearing none, we'll move to hearings and ordinances. Item number 10. I need a motion to approve the third and final reading of an ordinance amending provisions pertaining to chapter 170 zoning regulations and to authorize the mayor to sign the ordinance. So moved. Second.

Um if you'll recall, this is a third and final reading of this ordinance, the planning and zoning um uh recommended approval of this on March the 3. We had a public hearing on this on March the 23rd. Our first reading was March 23rd. The second reading was April the 13th. So this is the third the third and final reading. Any further discussion regarding this? By the way, this is the Steve G's property at the end of Pine Drive. Anybody have any questions or anybody have any further discussion regarding this hearing? None. This would then be a roll call vote. Hannah, yes. Moore, yes. Yes. Olaflin, yes. Applebee, yes. Weber, yes.

That passes 6. Uh, next we move to item number 11. I need a motion to approve the second reading of an ordinance amending provisions pertaining to chapter 65. Stop required. So moved. Second.

I have a motion to second. Um this is the second reading. The first reading having taken place on April 13th. Uh this deals with stop signs over in the Steve G the Steve G project. So, it's at Cardinal Cardinal Court at Spruce, Goldfinch Court at Spruce, Bluebird Court at 6th Avenue Southwest where Jackson Avenue is, and Cedar Drive at Bluebird Court. Um, any dis any further discussion with regard to this hearing? None. This would then also be a roll call vote. Moore, yes. Persider, yes. Alaflin, yes. Applebee, yes. Weber, yes. Hannah,

yes. If this also passes 6, um rather than asking to suspend the local rules, since we're we've only got six council members today, um and we don't need all six of them to be unanimous to do that, we'll skip on then to item number 12. Item number 12, um I need a mayor. Let's see. Pursuant to the agenda, I will now convene a public hearing on the proposed reszoning request. Um this is the the Michael McDonald property which is near the high school. They're trying to to um uh change the zoning from M2, which is manufacturing to to um commercial, which is C2. Um the public hearing is now open. If anybody has any discussion regarding that,

I did not receive anything prior to the meeting. Okay. I'll now close the public hearing. And so the public hearing is now closed. Uh move to item number 13. Uh this is a motion to approve the first reading of an ordinance that amends provisions pertaining to chapter 170 zoning regulations. So move second. I

have a motion to second. Um this is at p page 40 140 and 141 of your packet planning and zoning approved this on uh April the 7th. So this would be um our first reading. This is the same property, the Michael McDonald property near the high school. And in your packet, you'll see the the map of the area that we're talking about. They they want to change it. I'm not sure why it was manufacturing to begin initially, but it's currently manufacturing too. That changed to commercial, too. Any discussion regarding this? One second, please. Did I do something wrong? No, no, not at all. Not at all. I just wanted to view the map one more time. I don't have a question, mayor. Okay. Any further discussion regarding it? Hearing none, would this will then be a roll call vote?

Olaflin, yes. Applebee, yes. Clever, yes. Hannah, yes. Moore, yes. Presider, yes. Okay. Again, that passes 6. Again, I'm I'm going to forego um the um um second reading, the second and third. Well, I'm I'm going to forgo discussion about whether to wave the second and third readings. Um next, we'll move to item number 14. And then this is a motion to set a public hearing date of May 11, 2026, 5:30 p.m. for the fiscal year 2026 budget amendment number two. Need a motion first. So move.

Second. Um we don't really need discussion because this is just to set the date itself. So um unless there's something special somebody wants to say, we'll go ahead with the uh the roll call vote on that then. Yes. Hannah, yes. Moore, yes. Yes. Olaflin, yes. Applebee, yes. Weber, yes. That also passes 6.

Um, next we move to resolutions. U, we'll start with um several of these are ones that we did not talk about on the 13th, but had previously been discussed also on u February the 2nd when we talked about the the um the different funings agre funding agreements. I need a motion to approve and authorize the mayor to sign a resolution that approves the funding agreement with Independent Celebrations Committee and for the city manager and the city clerk to sign the funding agreement. Second. I have a motion to second. This is this is um $12,000 coming out of Hotel Motel. Um any further discussion regarding it hearing? None. We would then move to a roll call vote. Moore, yes. Persad, yes. Olaflin, yes. Applebee, no. Weber, yes. Hannah.

Yes. That passes 51. Uh we next move to item number 16, which is another funding agreement. Um I need a motion to approve and authorize the mayor to sign the resolution that approves the funding agreement with H Heartland Acres Aggrobition Center and for the city manager and city clerk to sign the funding agreement. So move. Second. Second. I have a motion in a second. Uh again, this is something we discussed on February the 2nd. Um this is $10,000 also coming from Hotel Motel. Any further discussion on this? Hearing none. Um, this would be a roll call vote also. Perser, yes. Olaflin, yes. Applebee, no. Weber, yes. Hannah, yes. Moore,

yes. Okay, that also passes 51. Um, item number 17 and 18 and item number 19 and 20. Um, both of these are um commission appointments that we had have not had um since I've been the mayor. Um but um we're required uh the airport zoning commission uh first is one we'll talk about. Um the airport zoning commission is required that we appoint two of our zoning me um planning and zoning members to to sit on a committee with two members from the county. Um so the and then the two members from the city and the two members from the county would then uh agree on a a fifth member of the committee. So, we have not done this before, but we uh at least under my mayorship, we have not done this before, but we need to fill those those spots in case there's any ever any issue with regard to anything that's happening in the zoning in the area immediately surrounding the airport area.

So, this has got nothing to do with the airport board. Has nothing to do with the airport board at all. It's a separate It's a separate entity entirely. So, this is the airport zoning commission. Their role is to evaluate different requests at the airport. If somebody was to come in and want to build a commercial building out there or build a site or develop a site out there, that's what their role is for is to review how that fits with the zoning related to the airport. And it's because the airport's area exceeds the city limits. That's why there's a partnership between us and the county. And since you mentioned 17, 18, 19, and 20 all is one. Do each of these need an individual motion or can one motion be made on each of them? They need an individual motion. Okay. I was just clarifying that since you mentioned all four.

I'd never heard of this before, but chapter 180 of the city code. Yeah. Chapter 180 of the city code. And I guess we're going to learn about chapter 180. Yeah. Um Okay. So, the first motion is um a motion to um approve and authorize the mayor to sign a resolution appointing Bill Lake as the to the airport zoning commission. So, move. Second. And he's on planning zoning now, right? He is correct. He is. Um, so that would I would need a roll call vote then. Olaflin, yes. Applebee, yes. Weber, yes. Hannah, yes. Moore, yes. Presser, yes. Okay, that passes 6. Next, we move to another item number 18. This is a motion to approve and authorize the mayor to sign a resolution appointing Brian Kyliever to the airport zoning commission.

So move. Second. I have a motion to second. Again, this is a role and he's citizen. Brian is also on planning and zoning current. He's also on PNZ. So, we have to choose from our existing planning and zoning members for the membership of this board. So, yes, Mr. Kyliever is he was appointed in December, I want to say. Yeah. Okay. Uh, this would be a roll call vote then. Appley, yes. Weber, yes. Hannah, yes. Moore, yes. Pers, yes. Olaflin,

yes. That also passes 6. Um, now we move to item number 19. Um, 19 and 20 are the airport board of adjustments. So, this is a little different than the zoning. Um, we currently have members uh that serve on a committee uh for the board of adjustment. And this requires that the two members come from the board of adjustment. So, the first motion would be a motion to approve and authorize the mayor to sign a resolution appointing Cheryl Hand to the airport board of adjustment. So, move second. Um, I would this would be a roll call vote also. Weber. Yes. Hannah, yes. Moore, yes. Presser, yes. Olaflin, yes. Applebee, yes.

It passes 6. Next, we moved to item number 20. Need a motion to approve and authorize the mayor to sign a resolution appointing Julie Wolf uh to the airport board of adjustment. So move. Second. Have a motion to second. All in favor? Roll call vote. Roll call. I'm sorry. It's roll call. Apologize. Roll call vote. Hannah, yes. Moore, yes. Presser, yes. Olaflin, yes. Applebee, yes. Weber. Yes. That passes 6-0. Now we move to other business. Uh this is uh first I need a motion to approve the special event application for Ragbry as submitted. So move. Second.

Have a motion to second. This was discussed at the April 6th work session, but if you look in your packet, um it's got a a a drawing of what the downtown area is going to look like. It also provides the specific times when the uh the streets would be closed. So as part of approving the application, we would be approving those times uh subject to any changes that need to be made at a later date. Any further discussion with regard to this? Then this goes to DOT. Is that right? So we've already submitted it to the DOT. Chief Lao has submitted that paperwork to the DOT already to request the closure of 150. Okay. For the same time. Okay. Thanks. Did we have the motion on that?

We have a motion and a second already. So we're just if there's further discussion if there's no further discussion we'll move to a roll call vote then. Moore yes. Pader yes. Olaflin yes. Applebee yes. Weber yes. Hannah yes. Yeah. That also passes 6. Next we moved item number 22. Uh I need a motion to approve and authorize the city manager to proceed with the purchasing of the required materials from JNR Supply Inc. in the amount of $144,720.60. 60s. Some moved. Second.

Have a motion to second. This is the water main replacement and repair that's in advance of the street rehabilitation project. Um the utilities uh department water division um has uh budget infrastructure already has this money available for this project, but we still need to approve the amount since it's over 100,000. 50. It's over. Oh, 50,000. Okay. I was cut I was giving you extra authority that you need. 50 is enough. Okay. Um further how many blocks does that amount to? Roughly nine. Nine. Okay. Yeah.

Uh the the bids themselves are in your packet from the other people. The JNR Supply Inc. is the the lowest of the bids that was there. Um so um by voting yes on this, you would be voting to approve the the low bid from JR Supply. Have they done work for us before? JR just supplies the materials. That's all they're doing is supplying the materials. And then we've got and we've got M that's someone we've dealt with. Yeah. Yes. Yeah. Haven't heard of him, I guess. Can Okay, this will be a roll call vote then. Presser. Yes. Olaflin. Yes. Applebee. Yes. Weber. Yes. Anna, yes. Moore, yes.

If it also passes 6. Next, we move to item number 23. Uh, this is for information only. This is the Iowa DOT um highway 20 project notice. Um we received a letter that's in your packet whichizes that um the DOT will be um doing um PCC patching on US20 from Iowa Avenue to um uh Iowa 187 starting we don't know when that's starting but they were supposed to award the project last week. No,

Steve, that's the problem. That's it creates a huge bottleneck when people aren't aware of when they're going to be working out there. Just like, you know, when they did the resurfacing along on the south side or of uh 150 all the way up to the 17th Avenue. Yeah. If we receive notice of when they're going to start, we'll forward it out to the council via email, just like we did with this when we initially got it. We just wanted to put it on a council meeting as well, so the general public saw the notice also. So, we're not voting on anything tonight. This is just for information. Just letting you know that they're in the process of doing this. Thank you.

Okay, let's move to item number 24, which is the council member request. Um, little discussion about this beforehand. Um, all of the council has received um the information regarding the requests that were made on April the 17th. Um, this was a request from a council member uh to provide certain documents. Um the the issue here is can an individual council member uh an an individual council member doesn't have any authority to um request that staff do particular um items or that um that the the city provide a particular expense that that can only be done by the the city council as a whole not as an individual. Therefore, this is before the city council to make a determination as to whether that is appropriate or not. So, I need a motion to either deny or approve uh the um the request of going forward that was made with this council member's request. So, do I have a motion first?

You're looking for a motion to deny or accept the expended the expenditure of that. Correct. The time and the time and the time and expenditure of it. So, moved. Okay. For which one? It's motion to deny or approve. Okay. So, motion to deny. I have a I have a motion itself. Do I have a second? Second. Okay. Is there discussion regarding this? By the way, the what I cited to you about an individual not being able to do it on their own, this is from Iowa code section 364. It's also in our city ordinances, chapter 17. Um, so further discussion on on whether or not to um deny this request.

I'm sorry, I misspoke earlier. I this is where I should have made that statement. this was an expenditure and since it is a expenditure and it is not in the budget therefore you have to have a majority of the council to approve it or deny it. Correct.

We would have to have a majority of the council to approve any expenditure that a correct that a um council member is requesting on their own. Um the sole exception to that that I'm aware of um is something that we will be working on shortly. Um, back several years ago, long before most of you were on the council, there was a discussion about a particular amount of money that a council member could um use in order to request a um a discussion with one of our attorneys. Um, and I uh we don't need to belabor that now because this is not a discussion with an attorney or anything else. This is a production of documents, many of which we would have to to pay money to ILP in order to accomplish. We never codified that, but it was suggested that 500 to 750 per person would be

Yeah, I'm hearing different numbers and that's why we need to take care of this. It doesn't know what it was, Deb. I kind of thought a thousand, but it's a,000 or one hour. The motion we found motion any motion that was made in previous meeting minutes that was for $1,000. But what we will do, what we will do is we will put this on an agenda. It won't be on the May one for sure for work session. Um, and we what we want to do is if we're going to make changes to our rules and regs, um, with regard to council members, um, we want to make sure that we cover everything all at one time. So rather than just codifying this and putting it in, we want to make sure there's other things that we want to also put in as well. Sounds good. Further discussion with regard to the motion to deny uh, the council members request to move forward to fulfill the

one one other question for the public. Can this be verified? Uh, I did not hear a dollar amount estimated dollar amount given and I would argue that that estimate is really extremely high. Um, it doesn't really matter what the dollar amount is. I mean, I'm I'm happy to tell you the dollar amount and it's in your packet, right? But I saw that,

but um any request for funding that hasn't been, you know, by an individual um has to come through council. An individual by themselves has no authority to act by themselves. They only act as a member of this group. So they cannot go out and and and and uh commit ourselves to spending money. They cannot go out and tell staff what to do. They don't have that authority. The authority comes as a group. That's why the council is sits as it does. So you have something else? Well,

the mayor kind of hit what I was going to say too when it u when it comes to money and expenses to respond to a request. That's part of the equation, but really the bigger picture is, as the mayor just alluded to or indicated, all of you that are elected as council people really have zero power all by yourself. Um, you know, your power comes as a group. It it takes all of you in the same room to make decisions and and to to do things on behalf of the city. Now, if any of you go into city hall and ask Susie for something or ask Matt for something, it's like, "Hey, can I get a copy of that plaid or can I do this? Can I do that?" Staff are almost always going to comply with that. Um, if you go in cost a citizen $9,3782 to do that.

We're here to oversee them and they're denying me the request to even look at it. Where I was going with that is that's your job. That's what they're trying to tell you.

Where I was going with that is if it's a simple request that can even for any resident comes in and says, "Hey, I'd like a copy of something." Under Iowa code, if that request can be responded to with less than 30 minutes, the code suggests you do that at no cost. When regardless of the actual dollar amount of request, if it becomes a sizable request, even if it's not going to cost the city a nickel, but it's going to take Susie and Matt or the police chief forever, you know, a day and a half or two days to reply to this council person's request, then it becomes a request that should come to you to be sure you all support your staff spending that amount of time on a request of of a single council person

or the majority. or a majority. Yeah. So, you may decide, a majority of you may decide, you know what, I think that information is important and I'd like Matt and Susie and the chief, whoever to spend the time to put it together. Uh, but if a majority of you don't approve of it, then that request becomes for that particular council person, a personal request, uh, which is governed by chapter 22 of the code,

they had to send it to you because both of them are legal requests. So, both of them should already be together and ready, but they had to send the information to you. Well, my role here today is just to explain there's two different kinds of requests. There's a formal request of a council person if we're going to honor that as a council person. The majority of needs to approve it, in which case there would be no cost. In which case, there'd be little to no redaction of confidential information. There be an expectation of maintaining that confidentiality. If the majority of the council doesn't support that request, then it becomes a like a resident making the request subject to a cost estimate and subject to redaction of confidential information. And thank you for that. And that is why I mentioned what I did because I didn't I don't want a bunch of citizens questioning this later on. You know, all the legalities of it and that's why I appreciate your legal explanation on that.

Okay. Any further discussion? Okay. Hearing none, this is a roll call vote then. Olaflin, yes. Applebee want to approve me getting the information on. So, what would you want me to say? Okay. So the motion is to deny moving forward with fulfilling these requests. So if you vote yes, you're denying it. If you vote no, you want to do it. No, it's backwards. Weber, yes. Hannah, yes. Moore, yes. Yes. Okay, that passes 51. Um so moving forward then we now move to um council member reports. So we'll start with um I have nothing mayor.

Nothing. I have nothing at this time. Okay. He's going to No, he's the roof. Okay. Nothing, mayor. Thank you.

Uh Mr. Mayor's not here. So, Mr. Laughlin, um I wish we'd look into more of these darkly colored windshields and side windows. It's to me it's more of a problem than you you notice. Um I was behind uh the restaurant on uh other Mexican restaurant by the bank there and uh somebody whipped around the corner and just about clipped a kid on a bike and I tried to see who it was and they didn't have a plate on the front and the windows were tinted to the point where you couldn't even see whether it was an alien driving inside, let alone a we have regulations regarding tinting that for the state of Iowa as well as for uh Chief Lou. Do we do we have actually an ordinance that regarding tinting as well?

Uh yeah, we do. There's a state law on window tint and we do enforce that. Um currently the the law is 70% light through on a on a tint. However, that's that law is currently being changed by the governor and that I believe has been signed, but it won't take effect until July 1st. But then it changes to 50% light through. But other states, every state has its own law on what is allowable. Um, but in the state of Iowa there's I would think you guys to be against that. I'd want if I was coming up on a car and there was that much darkness, I'd want to see what was going on in there before it came to the window. It's not up to a city council. It's up to the state of Iowa. No, I know it. But it's just it's a public safety.

Yeah. And I think that's one of the main reasons why Iowa has had that particular law in place for so many years just because it creates a safety concern. And the darker your windows go when it gets to be nighttime, it's harder to see outside those windows, too, for safety reasons of those around you. So, I would agree with you on a statement like with the the kid on the bike. Yeah. Chief, is that front windows and the driver's window and the front passenger, the rear passenger seat? I don't think so. So, windshield windshield windshield remains at 70%. This is what's going to be put in place July 1st. The windshield remains at 70%. Side windows on the front are 50%. Side windows on the rear and the rear window are any percentage.

Yeah. Yeah. Correct. And under the old under the old program of the 70% your your car comes with factory tint already on those windows. So any tint that was added to those in the past on your side front two windows would put you over that threshold. And now with the 50% we may be we might be seeing a lot more tint Iowa with that new law. So if he was able to have gotten a license plate and gave it to the police officers, would you guys check that vehicle out? Um, if he called that in as as a citizen out there and said that he seen this vehicle with really dark windows and gave us a plate number, we would watch for that to see if that that was an enforceable offense. Do people have to have a plate on the front of their car? Uh, depends on what state you live in. In Iowa, you do. Yeah. Yep.

But if the vehicle didn't have any plates on it, it was probably something that was recently purchased, I would imagine. Thank you, Chief. Thank you, Mike. Hey, Mike. Good. You have something?

Oh, do you have something? No. Okay. Um, move to city manager then. So, I authorized the fire department to move forward with a replacement purchase of a 3/4tonon truck to replace the one that was wrecked. When was that? Last fall. Mhm. It's been a minute. November.

November or so. Um, IAP of course is reimbursing us for those expenses, but they're moving forward with the purchase of an F250 to replace the Chevy 3/4ton that they had that they wrecked. Um, the roof at the police department we expect to be done this week. Of course, that's weather dependent and as mother nature keeps causing problems, we're, you know, it'll be done as soon as they can get to it. Um, we also found with the storms that we had come through, I want to say that was the 13th, 14th of April, somewhere around there, we had the roof that's at our indoor shooting range, which is out at the um, streets department. That roof had some damage to it, and as a result, we want to replace that. Um, we've gotten a quote from a local individual to do a metal metal roof on the top of it for I want to say in the neighborhood of $6,500. So, um, unless anybody has any oppositions to that, we're going to take that out of our operating budget for, um, the police department starting for July 1st budget once we once we start that fiscal year.

Now, that would be covered by insurance. Even if it was, so we would have a $1,000 deductible on it if we did file the insurance claim. And even if we do file the insurance claim, the age of that roof is, we think, in the late 70s, early 80s was when it was put on that building. So, it likely is going to be rated down so far that they may ask us to pay them rather than give us any money. So, um we just don't think it's worth filing an insurance claim on it. If you guys would like us to examine that, we can. I just as long as as old as it is and everything else, we don't think it'll be that we'll get anything for it. We still utilize that for qualifying in practice. Correct.

We do. Yeah. Every now and I think once a month or so or or now and then. police chief can speak to more often how often it's used, but we just felt like it's a $6,500 cost and we want to, you know, the street shop that's there is a metal building already, so doing a metal roof on it certainly makes sense because it's right next door to that. Yeah. I mean, it it gets used. I wouldn't say that it gets used monthly. But if say we have a new hire, we need to do a qualification or a shoot and it's the dead winner, we can't go down to the Bikina County Wildlife and do that. we have to have some location that's feasible without having to travel to some other other city and rent rent space to do so. So, it's valuable for us to have and for that first roof to last since the late '7s, early 80s is quite frankly amazing. So, yeah,

thank you. So, they will um the way that they're going to do that is they'll put furring strips on it and then put metal over it so that to make it as as economical as possible. Um, and then the other item, the last item that I've got for the council is we were working through the process of doing a 657A for the home that's on the corner of 6th Avenue Southwest and Third Street Southwest. Everybody know where I'm at? Mhm. Okay.

Um, talking with the attorneys, they are recommending not pursuing this any further as the property owners have painted the house and done some work to it and they believe that the court will not award the 657A because of that. They're also concerned that it will weaken future 657A claims if we try to push forward with that and then it does not get approved because in order to meet the standard of abandonment, any kind of work to it defeats that whole definition of the word abandonment. So, their recommendation is that we dismiss that 657A item and then pursue municipal infractions to continue pushing enforcement on the property because there's definitely still things that need to be cleaned up. There was, if you're familiar with that property, there was a fire in the garage, I want to say last year sometime, and the hole is still in the roof of the garage, things like that. We can file municipal infractions and and get them to replace and fix things from that perspective. So again, again, it's one of those items that as long unless anybody has strong oppositions to that or strong feelings for that, that's how I'm going to direct them to move forward. Our trial on that was supposed to be this Friday, so I've got to move pretty quickly on

this was our attorney's suggestion not to do it. Yeah. Not this attorney, but attorney our law office. And when it comes to Yeah. When it comes to 637A's, you know, technically under the law, the court's supposed to look at the time of the filing, what was the circumstance at that time, right?

Uh but you're taking somebody's property away. So courts are reluctant generally if that property owner has since then even though they probably had a lot of opportunities before then to do right if they've started making progress after that it it makes it much harder to win a case like that because the court is going to want to uh not take somebody's property away if they're making steps towards compliance. I did ask, so this came up last Friday and I did reach out to Daniel uh Daniel Morgan Friday afternoon and asked him to get with the attorneys for the people who own the property and find out if there was any kind of settlement that could be reached. And his response was that the attorneys for the for them said that they had no desire to even consider it, indicating that they feel like they're they have a pretty strong case that the court's going to dismiss it even if we push it. So again, you know, Daniel's recommendation, Dan's recommendation is not to move forward with doing anything on it at this time with relation to the 67A. That doesn't mean that we will stop enforcement activities. Just means that we won't move forward with the 657A. So we'll go back to filing municipal infractions and dealing with it from that perspective.

But a later date if it continues to Yeah. I mean, if we can do it then. Yeah. It'll take six months again of it setting without any work done to it and no activity on it for us to start that up again. But we could. So that's all I've got.

Okay. I just have one thing. Um Saturday from 10 to 2 is the library fundraiser. It's called Go Nuts Party for the Park. Um the purpose they're trying to raise money for the park area so that they can have a stage and do activities and stuff outside. Um they've got um some other funding sources as well, but this is their private source trying to raise some money. There will be music there. There's a raffle of a quilt. Uh Gibbies will be there for food. There's a bake sale and also it's the same date as the book sale itself. So just letting you know Saturday from 10:00 to 2. Okay. Other department heads? Anybody? Travis or Okay. Uh then um at this time um

item 27. Yeah. Item number 27. Uh, I need a motion to enter into a close session per Iowa code section 21.5 sub one uh sub I J. OJ J, I'm sorry. To discuss the purchase/sale of particular real estate. So moved. Second. Okay, then that would be a roll call vote. Olaflin, yes. Oh, sorry. Apple, yes. Weber, yes. Anna, yes. Moore, yes. Yes. Olaflin, yes. Okay, that passes 6. Um, we're going to excuse everybody in the audience at this point so that we can go into close session to do this.