Good evening. It is [clears throat]
Monday, August 17th, at 7:00 p.m. This
is a regular meeting of the City Council
of Waverly, Iowa, and we are called to
order.
Please join me in the Pledge of
Allegiance.
» I 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.
» Council, do I have a motion to approve
the agenda?
>> Move to approve the agenda as presented.
» Move to approve the agenda as presented.
>> Second.
» Second.
>> Any discussion?
» Any discussion?
It's It's vote. All in favor say I.
>> I.
» I.
>> I.
» I.
>> I.
» I.
>> Council, do I have a motion to approve
» Council, do I have a motion to approve
the minutes?
>> I move to approve the minutes as
» I move to approve the minutes as
presented.
» Second.
>> Is there any discussion?
» Is there any discussion?
It's a voice vote. All in favor say I.
>> I.
» I.
>> I.
» I.
>> I.
» I.
>> It passed unanimously. Okay, welcome
» It passed unanimously. Okay, welcome
back to our guest councilperson Steve
Nuss. Thank you for joining us again
tonight. I will come back to you at the
end of the meeting if you have any
comments or questions to go over.
This is the date, time, and place for
public hearing for review of the plans,
specifications, form of contract, and
estimated cost for the 2026 Cemetery
Road and parking lot project. The mayor
and the city council will entertain any
comments. After all comments, the
hearing will be declared closed, and the
following action will be considered.
Have you received any written or oral
comments?
>> I have not, Your Honor.
» I have not, Your Honor.
>> Are there any public comments?
» Are there any public comments?
I see none. The public hearing is now
closed. Council, do I have a motion?
» I move approval of resolution 26-168, a
resolution approving the plans,
specifications, form of contract, and
estimated cost for the 2026 Cemetery
Road and parking lot project.
>> Second.
» Second.
>> Any discussion?
» Any discussion?
Roll call vote, please.
>> Wolf?
» Wolf?
>> Yes.
» Yes.
>> Rafferty?
» Rafferty?
>> Yes.
» Yes.
>> Myers?
» Myers?
>> Yes.
» Yes.
>> Mackey?
» Mackey?
>> Yes.
» Yes.
>> Hengus?
» Hengus?
>> Yes.
» Yes.
>> Harman?
» Harman?
>> Yes.
» Can I have Diana Blake and Elaine Maine
meet me at the podium, please?
» [laughter]
>> Tonight, we get to recognize these two
» Tonight, we get to recognize these two
for their many, many decades of service
on the library board. So, Elaine, I
think 30 years, is that correct?
>> I really, really appreciate anybody
» I really, really appreciate anybody
who's willing to step up and serve on
any committee, especially for this long.
So, thank you for your commitment and
your dedication and the wonderful things
that the library has done. So, thank you
very, very much.
Miss Blake, we go way back. Way, way,
way, way back. I was the best trumpet
player she's ever had.
» [laughter]
>> We don't lie in this room, Miss Blake.
» We don't lie in this room, Miss Blake.
Um, but 42 years, I think.
>> 42 years.
» 42 years.
>> 42 years. So, thank you for your
» 42 years. So, thank you for your
dedication. You've had a long, long, um,
history of dedicating time to your
community and I appreciate that.
>> Pretty much it's been a pleasure.
» Pretty much it's been a pleasure.
Not
42 years of meetings, but
serving such a wonderful institution as
the Waverly Public Library.
>> Absolutely.
» Absolutely.
I appreciate everything you've done.
Thank you. And congratulations.
>> Thank you.
» [applause]
[laughter]
» Okay.
>> She's out the door.
» She's out the door.
If you ever want to go to a meeting, you
can come here anytime you want.
Okay, this month we have two
proclamations. The first one is Al-Anon
Family Groups 75th Anniversary.
Whereas the City of Waverly strives to
maintain the health and well-being of
our residents and as such welcomes the
opportunity to recognize institutions
that pursue the worthwhile endeavor, it
is therefore appropriate we acknowledge
Al-Anon Family Groups on the occasion of
its 75th Anniversary. And whereas the
Al-Anon Family Group was founded in 1951
to offer understanding, strength, and
hope to families and friends of
individuals affected by alcohol use.
Al-Anon recognizes alcoholism is a
family disease and healing must extend
beyond the individual to loved ones who
also suffer in silence. And whereas for
75 years Al-Anon has been a lifeline for
those impacted by problem drinking
providing peer-led support, healing
tools, and a space to recover from the
effects of alcoholism. And whereas the
Iowa District 4 of Al-Anon serving
Waverly has long played a vital role in
helping individuals rebuild their
emotional well-being, foster resilience,
and strengthen family and community
ties. And whereas through its commitment
to inclusivity, confidentiality, and
mutual support, Al-Anon has created a
compassionate community where members
can grow, heal, and support one another.
And whereas the 75th anniversary of
Al-Anon Family Groups offers an
opportunity to honor its life-changing
impact worldwide, especially in Waverly,
and to raise awareness of the resources
to those affected by a loved one's
alcoholism. Now, therefore, I, Kristen
Haffle, mayor and city council of the
city of Waverly, do hereby Monday,
August 31st, 2026 in the city of Waverly
as Al-Anon Family Groups Day throughout
the city. And I urge all people of
Waverly to support families and friends
of loved ones struggling with alcoholism
or alcohol use disorder by sharing
information about Al-Anon Family Groups.
In witness whereof, I hereunto set my
hand and cause the seal of the city of
Waverly, Iowa to be affixed this 17th
day of August, 2026.
Council, do I have a motion?
>> I move to approve the proclamation
» I move to approve the proclamation
proclaiming Monday, August 31st, 2026 as
Al-Anon Family Groups Day in the city of
Waverly, Iowa.
>> Second.
» Second.
>> Is there any discussion?
» Is there any discussion?
This is a voice vote. All in favor say
I.
>> I.
» I.
>> Opposed?
» Opposed?
That brings us to our second
proclamation of the month.
Hunger Action Month Proclamation 2026.
Whereas hunger is a vital concern in
Northeast Iowa, where 12% of people,
including one in every six children,
experience food insecurity, and whereas
every person deserves access to the food
and resources they need to live a full,
healthy life. Yet millions of people in
the US experience food insecurity, and
when people don't have enough to eat, it
impacts their health, education, and
future opportunities. Whereas the city
of Waverly is committed to taking steps
to combat hunger in every part of our
community, and to provide additional
resources that are needed. And whereas
the city of Waverly, Iowa, is committed
to working with Northeast Iowa Food Bank
to educate people about the role and
importance of Feeding America Network,
and how it stands alongside neighbors
facing hunger to ensure everyone has
access to the food and resources they
need to thrive. And
whereas more than 2,300 individuals in
Bremer County access food from Northeast
Iowa Food Bank annually, and whereas
Northeast Iowa Food Bank distributed
more than 226,000 meals to more than
33,000 duplicated households in their
most recent fiscal year through a
network of agency partners, food
pantries, meal programs, and other
community organizations. And
whereas the month of September has been
designated Hunger Action Month to bring
communities together to elevate the
voices of people who experience food
insecurity, and inspire everyone to take
action in the movement to end hunger.
And
whereas food banks across the country,
including the Northeast Iowa Food Bank,
will host numerous events throughout the
month of September to bring awareness
and help end hunger in their local
community.
Now, therefore, I, Kristen Happle, mayor
of the City Council of Waverly, Iowa, do
hereby recognize September 2026 as
Hunger Action Month in the City of
Waverly, Iowa, and I call this
observance to the attention of our
citizens.
Council, do I have a motion?
>> I move to proclaim proclaiming September
» I move to proclaim proclaiming September
2026 as Hunger Action Month in the City
of Waverly, Iowa.
>> Second.
» Second.
>> Any discussion?
» Any discussion?
This is a voice vote. All in favor say
I.
>> I.
» I.
>> I.
» I.
>> I.
» I.
>> Passed unanimously. This is the time for
» Passed unanimously. This is the time for
public comments on items not on the
agenda. Please limit your comments to 5
minutes unless additional time is
granted by the presiding officer. All
comments shall be addressed to the
council as a whole and not to any
individual member. Does anybody rise for
public comments?
Seeing no one,
councillors, do I have a motion to
approve the consent calendar?
» I'll move approval of the consent
calendar as presented.
>> Second.
» Second.
>> Is there [clears throat] any discussion?
This is a voice vote. All in favor say
I.
>> I.
» I.
>> I.
» I.
>> I.
» I.
>> Passed unanimously.
» Passed unanimously.
On to regular business.
Resolution 26-165,
a resolution awarding the citywide
asphalt patching fall 2026 project.
Councillors, do I have a motion?
» I move to approve resolution 26-165,
a resolution awarding the citywide
asphalt patching fall 2026 project to
Kluesner Construction of Farley, Iowa
for the bid amount of $20,553.70.
» Second.
>> Is there any discussion?
» Is there any discussion?
It's a roll call vote, please.
Rathje.
>> Yes.
» Yes.
>> Myers.
» Yes.
>> Mackey.
» Mackey.
>> Yes.
» Yes.
>> King.
» King.
>> Yes.
» Yes.
>> Harmon.
» Harmon.
>> Yes.
» Yes.
>> Wolf.
» Wolf.
>> Yes.
» Resolution 26-166,
a resolution approving change order
number one, accepting the bituminous
seal coat program 2026 as complete,
approving pay application number one,
and approving pay application number two
as the final payment to the Prairie Road
Builders Inc. of Hazleton, Iowa.
Council, do I have a motion?
>> Move to approve resolution 26-166,
» Move to approve resolution 26-166,
a resolution approving change order
number one for a decreased amount of
$5,396.60,
accepting the bituminous seal coat
program 2026 is complete, approving pay
application number one in the amount of
$128,182.98,
and approving pay application number two
in the amount of $3,964.62,
as the final payment to Prairie Road
Builders Incorporated of Hazleton, Iowa.
» Is there a second?
>> Second.
» Second.
>> Barden.
» Barden.
Is there any discussion?
>> Just wondered why it was decreased.
» Just wondered why it was decreased.
Didn't cost as much.
>> In the beginning, it's purely a
» In the beginning, it's purely a
guess on
the footage of the the quantity that we
have. In this case, it it was a
reduction because we they actually used
less product. So, we actually track the
product by tickets
and then and gallons that come off the
truck.
>> Okay.
» Okay.
>> Thanks.
» Any other discussion?
Roll call vote, please.
>> Myers.
» Myers.
>> Yes.
» Yes.
>> Matthi.
» Matthi.
>> Yes.
» Yes.
>> Tangis.
» Tangis.
>> Yes.
» Yes.
>> Harmon.
» Harmon.
>> Yes.
» Yes.
>> Wolf.
» Wolf.
>> Yes.
» Yes.
>> Raffety.
» Raffety.
>> Yes.
» Resolution 26-167,
a resolution approving an agreement with
Helland Engineering and Surveying LTD to
complete a retracement survey of the
alley and a portion of the street within
block 15, original town of Waverly. Do I
have a motion?
>> I move to approve resolution 26-167,
» I move to approve resolution 26-167,
a resolution approving an agreement with
Helland Engineering and Surveying
Limited to complete a retracement survey
of the alley and a portion of the street
within block 15 in original town of
Waverly for the amount of $2,100 plus
recording fees.
>> Second.
» Second.
Any discussion?
So, it sounds like this was just sort of
discovered
by accident almost during a
application.
Okay. And we're using
>> determine if a retaining wall that was
» determine if a retaining wall that was
built is actually on our property or
not. And that's kind of why we're going
through this process. We're seeing it
more and more. And it's in the older
section people start to redo things and
all of a sudden you realize I don't
think that's your property. So, this
will kind of resolve that issue.
>> So, the fence is new, but the retaining
» So, the fence is new, but the retaining
wall was already there.
>> No.
» No.
Do you want to explain, Paige?
>> The existing fence
» The existing fence
is likely over the property line as
well, but they are going to take that
out to redo a fence in its place.
>> Okay.
» Okay.
Okay.
I know we're just using a different
surveying company than typical.
>> Just trying to stay competitive.
» Just trying to stay competitive.
>> Okay.
» Okay.
Thanks.
Any other discussion?
Roll call vote, please.
>> Mackey?
» Mackey?
>> Yes.
» Yes.
>> Cangas?
» Cangas?
>> Yes.
» Yes.
>> Harmon?
» Harmon?
>> Yes.
» Yes.
>> Wolf?
» Wolf?
>> Yes.
» Yes.
>> Rathje?
» Rathje?
>> Yes.
» Yes.
>> Myers?
» Myers?
>> Yes.
» Just came off my straw. I almost choked
on it. Did you see that?
>> I was ready.
» I was ready.
>> I have these little silicone tips on my
» I have these little silicone tips on my
straw and I almost choked on one, so I'm
going to take that off.
Um okay. Third and final reading of
ordinance 1181 an ordinance amending
sections 105.4.09
and 105.4.10
of chapter 105 traffic of the Waverly
code of ordinances. Council, do I have a
motion?
» Move to approve the third and final
reading of ordinance 1181 an ordinance
amending sections 105.409
and 105.4.10
of chapter 105 traffic of the Waverly
code of ordinances.
Second.
Any discussion?
Roll call vote, please.
>> Kangas?
» Kangas?
>> Yes.
» Yes.
>> Harman?
» Harman?
>> Yes.
» Yes.
>> Wolf?
» Wolf?
>> Yes.
» Yes.
>> Rathje?
» Rathje?
>> Yes.
» Yes.
>> Myers?
» Myers?
>> Yes.
» Yes.
>> Mackey?
» Mackey?
>> Yes.
» Yes.
>> [clears throat]
» Resolution 26-169,
a resolution approving the removal of
the fire hydrant installation
requirement for parcel QQ 901 29th
Avenue Southeast. Council, do I have a
motion?
» I'll move to approve resolution 26-169,
a resolution approving the removal of
the fire hydrant installation
requirement for parcel QQ 901 29th
Avenue Southeast.
>> Second.
» Second.
Any discussion?
>> So, I just got some clarification from
» So, I just got some clarification from
James about this before the meeting.
This was something we first saw back in
'18 when this subdivision was first
proposed and um
yeah, there's not there's not enough
water pressure to support a hydrant and
there's water supply right across the
road, basically, it sounds like.
>> Great. And will Jesse, if you will
» Great. And will Jesse, if you will
elaborate a little bit, kind of why
we're stuck in this
central pickle here.
>> Uh Breezy Hill subdivision itself had a
» Uh Breezy Hill subdivision itself had a
um
house was built recently. We looked at
everything.
In the agreement it said that it must be
served by rural water and also the city
had sanitary sewer in there. So, rural
water brought in service for that home
and subsequently put in taps for the
other lots there.
This other out lot here was brought up
as
some interest and we started looking
into it and there was a requirement that
a hydrant must be brought to this lot.
Um rural water does not have a hydrant
in that area. Um
It would be a substantial investment to
get a a hydrant from rural water there.
And rural water's hydrants are not
similar to what city hydrants are as far
as fire protection.
They can fit They can haul water off of
it, but they don't hook a pumper to it
or anything like that. Um, city
water mains are uh roughly I think I put
2,200 ft or something away from there.
Um, it would be a dead end system, so it
wouldn't be a loop system. Um, not
really uh conducive to firefighting. It
would serve water to the one resident at
that point, and not even the other ones
cuz rural water was in there.
So, there wasn't a lot of uh advantage
for us doing that.
>> So, if there's a fire there
» So, if there's a fire there
>> They would be hauling from city mains.
» They would be hauling from city mains.
And I talked to the fire chief as well,
and that's what their plan would be even
if a hydrant was there from rural water.
They'd plan on hauling water from our
city mains. So, it does not really
change their approach.
>> Okay.
» Okay.
Thanks.
» Roll call vote, please.
Harmon?
>> Yes.
» Yes.
>> Wolf?
» Wolf?
>> Yes.
» Yes.
>> Rathje?
» Rathje?
>> Yes.
» Yes.
>> Myers?
» Myers?
>> Yes.
» Yes.
>> Mackey?
» Mackey?
>> Yes.
» Yes.
>> Tenges? [clears throat]
» Tenges? [clears throat]
>> Yes.
» Resolution 26-170, a resolution
approving contract, bonds, and
certificate of insurance for the Waverly
Utilities Boat Ramp Project. Council, do
I have a motion?
>> I move to approve resolution 26-170,
» I move to approve resolution 26-170,
resolution approving contract, bonds,
and certificate of insurance from Baker
Enterprises Inc. of Waterloo, Iowa for
the Waverly Utilities Boat Ramp Project,
and authorize the mayor to sign the
contract.
>> Second.
» Second.
>> Any discussion?
Roll call vote, please.
Wolf?
>> Yes.
» Yes.
>> Rathje?
» Rathje?
>> Yes.
» Yes.
>> Myers?
» Myers?
>> Yes.
» Yes.
>> Mackey?
» Mackey?
>> Yes.
» Yes.
>> Kangis?
» Kangis?
>> Yes.
» Yes.
>> Harmon?
» Harmon?
>> Yes.
» Resolution 26-171,
a resolution approving a professional
services agreement for design of the
Waverly Golf Course Clubhouse remodel.
Council, do I have a motion?
>> I move approval of resolution 26-171, a
» I move approval of resolution 26-171, a
resolution approving a professional
services agreement for the Waverly Golf
Course Clubhouse remodel with Martin
Gardner Architecture and GA in Marion,
Iowa for design of the Waverly Golf
Course Clubhouse remodel for the total
amount of $333,000.
» Do I have a second?
>> Second.
» Second.
>> Any discussion?
» Any discussion?
>> So, I want to clarify quick that it's
» So, I want to clarify quick that it's
not just for architecture, that is
general contracting, architecture,
engineering, plan design. It's It's
everything. It's all the
Everything you're going to need. It is
not just for architecture. So, you know,
people look at that and panic sometimes.
It is for everything. They're just the
parent of what's going to be below them
as well. So.
>> So, they'll be supervising the
» So, they'll be supervising the
contractors?
And what's the timeline on this?
» I want to think we're looking October.
Cuz like our big tournaments are about
done by then.
>> Right. We'd like to get stuff out, get
» Right. We'd like to get stuff out, get
bids back, and be able to start the end
of October, beginning of November at the
latest. Uh to work through
>> [clears throat]
» [clears throat]
>> and then to be
» and then to be
you know,
we realize we probably won't be ready to
go at the end of March, beginning of
April, but we want to be ready to go by
the beginning of May.
So.
We're hoping to be all done by May.
>> So, do we have a plan yet?
» So, do we have a plan yet?
Like a blueprint or
>> a plan or are you asking?
» a plan or are you asking?
>> Just what are
» Just what are
>> That's what's getting finalized now
» That's what's getting finalized now
because they're going to reshape some
areas, and walls are going to move some
items. As it sits right now, it just
doesn't flow. It never really has.
>> Mhm. And so, we've been working with
» Mhm. And so, we've been working with
staff, Garrett, Jordan, myself,
architects, engineers, you know, what
does it look like to get a better system
in there?
Um by removing part of the course, the
building will go from 11 doors down I
think four.
Which greatly enhance how you get in,
how you get out. There's no question
about which door you want to use cuz
they're all over the place.
And so, it's been that kind of movement
to figure out what goes where, what
can't fit here, have to move this here.
How do you still seat 120 golfers?
That's been the design the last month is
getting that finished out, rough line,
all of it so that it's a little more
efficient. Uh so, it's very close to
being finalized so we can get you an
actual blueprint of what it will look
like. Uh I was surprised by the
limitations of what you can and can't do
with some of these things, but it cuz of
code and
um certain size of things like
bathrooms. We didn't know that was that
size it had to be that way and you can
only sit certain areas.
Um so, the cooler we make her, I mean,
all these things that you want to do to
get it to a single level, it does change
a lot of what happens.
And so, that's been the unique side of
seeing this. They've been very good to
work with showing examples,
demonstration of what this looks like in
this clubhouse, and what it could be.
So, I think we're all happy with where
it sits.
We just want to be able to get to you
soon to be able to see what that
layout's going to be and how it all
work. But it's almost a lot more
symmetrical now than it was with the
large addition that was there that we're
going to eventually remove.
» Any other discussion?
>> Will it be all ADA compliant, I assume?
» Will it be all ADA compliant, I assume?
>> Absolutely. We'll be down to
» Absolutely. We'll be down to
[clears throat] one level a lot easier
as we take the end of that two-story off
and we'll be right there. Everything.
» Roll call vote, please.
Brothy?
>> Yes.
» Yes.
>> Myers?
» Myers?
>> Yes. [clears throat]
» Yes. [clears throat]
>> Mackey?
» Mackey?
>> Yes.
» Yes.
>> Kangus?
» Kangus?
>> Yes.
» Yes.
>> Harmon?
» Harmon?
>> Yes.
» Yes.
>> Wolf?
» Wolf?
>> Yes.
» Resolution 26-172
resolution approving two invoices from
Martin Gardner architecture for the
Waverly Golf Course Clubhouse.
Do I have a motion?
>> [clears throat]
» [clears throat]
>> Move approval of resolution 26-172
» Move approval of resolution 26-172
a resolution approving two invoices from
Martin Gardner architecture for the
Waverly Golf Course Clubhouse for the
amounts of $22,515.50
and $23,477.56.
» Second.
>> Any discussion?
» Any discussion?
>> And I presume that's coming out of the
» And I presume that's coming out of the
333
>> That's why it's on after not on consent
» That's why it's on after not on consent
like it normally would have been. So we
had to wait and they were kind of
pushing but not until the contract was
done.
>> Right.
» Uh any other discussion? Roll call vote,
please.
>> [cough]
» [cough]
>> Myers.
» Myers.
>> Excuse me.
» Excuse me.
Yes.
>> Matheny.
» Matheny.
>> Yes.
» Yes.
>> Pennington.
» Pennington.
>> Yes.
» Yes.
>> Harman.
» Harman.
>> Yes.
» Yes.
>> Wolff.
» Wolff.
>> Yes.
» Yes.
>> Rocky.
» Rocky.
>> Yes.
» That brings us to mayoral appointments.
Council, do you have a motion to approve
the mayoral appointment?
» Move to approve the following mayoral
appointments. Josh Bear to be appointed
to the Leisure Services Commission due
to a vacancy for a term ending December
31st, 2026.
>> Second.
» Second.
>> Any discussion?
It's a voice vote. All in favor say aye.
>> Aye.
» Aye.
>> Aye.
» Aye.
>> Aye.
» Aye.
>> Passed unanimously.
» Passed unanimously.
That brings us to discussion of code
enforcement.
James.
>> So I'll let Paige get to lead us off.
» So I'll let Paige get to lead us off.
I'm going to start coughing again. So
I'll be right back. [laughter]
» [clears throat]
[cough]
>> Come on up Paige.
Was I prepared to start with anything?
Um, basically we've just seen a lot of
uptick of different code enforcement
violation things throughout the city in
the last year or two.
Um, this year we've been trying to be
proactive with grass. There's been an
untimely number of the long grass that
we have made contact in one form or the
other with
um,
signs right away, all of those things
that we have tried to be proactive with.
Um,
seems to be there's an increased amount
of different things like junk in yards,
some of the
potentially dangerous buildings, things
like that. So we brought um, Maria
Brownwell up with Alder Zinkune um, to
kind of have a code enforcement
discussion to see kind of what council
wants to see done, where we go from
here.
» Nicely done, I think.
Sorry about that.
>> So So Paige, I'm just curious, what's
» So So Paige, I'm just curious, what's
the what's sort of the
What? How does it usually occur? Does
someone call about a neighbor property
or they drive by somewhere and they call
you or could you just tell us about the
process and how your referrals come in
and what you do?
>> Yep. Historically we've been mainly
» Yep. Historically we've been mainly
complaint driven for all types of
violations.
Um,
last year we started being more
proactive especially with grass and this
year we
got other bodies helping look at items.
Um, so long grass we really
start with a courtesy phone call or
letter, email, whatever contact
information I have for that property
owner to try to get it, just educate
them on what code says. Um,
then we sends out a lot of times a
non-certified letter just to try to keep
the mailing costs down. A certified
letter is now like 10 something, I
think.
Um,
if that still doesn't get done then we
reach out through certified mail. That
can take a couple of weeks um, before it
comes back as undeliverable. Then we
attempt the personal service.
So, signs and right-of-ways, grass,
we've been trying to be proactive on a
lot of those.
Some of the junk, easy items that are
junk in the yards, then
if it's really obvious and we drive by,
we're trying to be proactive and reach
out to that property owner.
Otherwise, they come in through
complaints from citizens.
>> And so, citations have we done so far
» And so, citations have we done so far
this year?
>> How many actual citations or we just
» How many actual citations or we just
make contact?
>> Contact, complaints, how many we've seen
» Contact, complaints, how many we've seen
so far this
>> we've probably had 200. I've just some
» we've probably had 200. I've just some
sort of contact or another.
Higher than
>> is very effective, but maybe not our
» is very effective, but maybe not our
best way to do it. I think it's some of
our goal tonight, as Mayor Jim
mentioned, as well as
how aggressive do we want to get going
forward? Because it's not getting a lot
better in some areas. In fact, it's
getting a little worse and
you know, we're seeing properties we
haven't dealt with in the past, we are
now, whatever reason, whether it's
different owners, um
circumstances that we're not aware of,
but we're seeing a lot more need for
code enforcement, especially in grass.
But even in a junk buildings, we're
starting to see more of that, buildings
that are starting to lean, they almost
look dangerous, broken windows.
So, how aggressive do we want to get?
And that's going to be a manpower
question, it's going to be a funding
question.
And that's kind of what brought us to
have this overall discussion of, you
know, there's certain things that we
talk about that are common. I mean, tall
grass is one of the big ones that we see
everywhere. Uh what is junk? We had that
long discussion with Maria earlier. What
is junk technically? And that's kind of
a perspective thing. It's It's
everybody's got their own idea of what
that is.
You know, how often do we go after
those? We've done them in the past.
We've had some that we had to call in
people to remove
significant quantities of items, uh
multiple times sometimes. And
so, as we start to see it pop up more
and more in Waverly more than we've had
in the past, one of the main questions
we'll want tonight for you to answer is
how aggressive do you want us to get out
to some of this?
Cuz it's Paige, and then some other
supporting staff, but
it may take a little bit more effort on
our end to figure out how that's going
to be accomplished going forward.
>> How much of that is repeat offenders?
» How much of that is repeat offenders?
Are these all
new faces, new names, or are there some
that frequent flyers that just seem to
keep cropping up or
>> There are repeat offenders. I wouldn't
» There are repeat offenders. I wouldn't
say that's the majority, though.
>> Okay.
» Okay.
>> Is it mainly owned properties by someone
» Is it mainly owned properties by someone
living at the home who owns the
property, rental properties, all of the
above?
>> It's actually really good mix.
» It's actually really good mix.
>> Mhm.
» Mhm.
>> Um of rental versus owner-occupied.
» Um of rental versus owner-occupied.
>> And of course the grass is growing like,
» And of course the grass is growing like,
you know, so I can totally relate to
that, but um what do you hear from
people when you end up speaking to
somebody? What do they have to say?
» Rentals actually are
easier
to get some of those done first because
the landlord says the tenant's supposed
to be doing it, and they're like, "We'll
make sure it gets done within the
weekend." kind of thing.
Um
so then the property owners say, "I
don't have time.
I
>> Whatever.
» Whatever.
>> Things you can't say in public.
» Things you can't say in public.
>> Things you can't say in public.
» Things you can't say in public.
>> Yeah, okay.
» Yeah, okay.
>> It's my lawn, I can do what I want.
» It's my lawn, I can do what I want.
>> I didn't know if it was people, you
» I didn't know if it was people, you
know, who are elderly who can't do their
lawn anymore or who can't afford to fix
their garage that's falling over or
I just wondered.
>> I have not heard from that for the
» I have not heard from that for the
grass. I can see that potentially with
some of the buildings,
um but not so much with the grass, I
think.
>> And who's helping you look at these
» And who's helping you look at these
properties? Who goes out and checks
things besides Do you Are you out
driving around looking or
>> I do sometimes.
» I do sometimes.
>> Yes.
» Yes.
>> I spend a lot of Friday out.
» I spend a lot of Friday out.
>> Um
» Um
we have two inspectors that do other
jobs for the city, but they've been
allowed to help point some out. Um once
it gets the point of actually sending a
certified notice to abate, I kind of
want my eyes on those since the next
step is for us to abate. Um
>> And how nasty are people? And do you
» And how nasty are people? And do you
take law enforcement with you ever?
>> Right now, they just really are dry ice
» Right now, they just really are dry ice
um that I don't have to stop too often.
Um there's one that I sent out a notice
to inspect an interior, law enforcement
will come, but they'll have to stay on
the outside of the building when I can
go inside.
>> Mhm.
And what is the grass rule? What's the
length of grass rule?
>> Typically, your residential any
» Typically, your residential any
developed property is 8 in or less.
Um your empty subdivisions or empty
lots, they can apply for a property
maintenance permit, a tier two what we
call it, can be 24 in or less, just no
noxious weeds.
Um and then your waterways can be a
little higher than that.
>> Mhm.
» Mhm.
But we talked earlier, we fight No Mow
May.
Just not going to do it June.
Um you know, it just keeps on going, and
you just have a bit of that, and people
think that's an excuse just not mow your
yard.
There are certain requirements to
participate in that, such as wildflowers
and things like that. I don't think
thistles and other flowers are counted
in that, and yet you see it, and it's
just like I said, it's become an excuse
just not take care of your
By the time you have to mow it, it's a
hayfield. It is not a good time.
>> Right.
» Right.
>> Um so you're battling all these
» Um so you're battling all these
different things, and community-wide you
want to be fair.
>> Mhm.
» Mhm.
>> Just want to try and treat everybody the
» Just want to try and treat everybody the
same, so we try and get to these things
as much as you can. Sometimes you just
can't, so
you know, while we have a ton of them
from being complaint-driven, I'm sure
we're not getting them all.
Um it depends on how much your neighbor
likes you, and how many times they want
to call in on you, and it's
>> Mhm.
» Mhm.
>> you can just expect it after
» you can just expect it after
[clears throat] certain rains, and days
later, you're going to get a whole lot
of calls coming in.
>> Well, and that's being just proactive
» Well, and that's being just proactive
being just complaint driven on some of
those, sometimes they don't get called
in until it's well beyond it should have
been. If we know about it, with the ones
we've been proactive, we've seen it
early enough that a quick phone call to
them say, "Hey, your grass is long. Can
you please get it taken care of?" That's
a lot easier for them to go and get it
taken care of within a day or two versus
waiting until it's
well beyond
>> Right.
» Right.
>> And you need a baler.
» And you need a baler.
>> And what are the what's the definition
» And what are the what's the definition
of a dangerous property?
>> There's multiple That's why Maria is
» There's multiple That's why Maria is
here. It's
>> Probably. [snorts]
» Probably. [snorts]
>> Yeah.
» Yeah.
>> It depends on what we're looking at. And
» It depends on what we're looking at. And
so
It depends on what we're talking about.
So, the city code has a couple of
different avenues for addressing
properties. Um
there's the the building code, which has
the dangerous building
um provisions in it. Um but your your
main tool is your nuisance code. It also
has an enumeration of nuisances
including that dense growth of
vegetation, tall grasses. Um it refers
back to a more specific part of the code
that addresses what uh the height the
maximum height of that grasses can be.
Um but generally speaking, when we're
looking at your nuisance code, you have
that enumeration, but the term nuisance
is whatever is injurious to health,
indecent, or offensive to the senses. Or
otherwise an obstacle to the free use of
property. So, it interferes with some
someone else's comfortable enjoyment of
their property. So, that's your classic
definition. State code defines it that
way. It's been around a long time. Um
and so, to some extent, there has to be
a measure of guidance from council on
policy with respect to what uh what
degree of enforcement is appropriate in
a given circumstances.
» I guess I think that the dangerous
building or dangerous
you know, things that present a danger
to life and limb, but obviously go to
the mat pretty quickly
and consistently.
>> That makes sense. And we usually say
» That makes sense. And we usually say
too, especially when it comes to
buildings or structures,
um that it's most beneficial, because
city code actually gives two avenues for
enforcement. One is administrative, so
the grass is one example that's
different than what you're talking about
where um it's it's appropriate typically
for administrative because there's
there's usually less cost associated
with it, um and it is a pretty quick
fix. So, if the city needed to go in and
abate itself, it could certainly do so
after certain notices, and then it could
assess those costs to the property
without the need to go to the
courthouse. On the other hand, there's
those dangerous buildings or garages,
and we do always recommend going to the
court with that remedy. Simply many
different reasons, but one of which
there's going to be an a larger cost, as
you might imagine, to addressing it.
It's more complicated to address. It
involves some someone's constitutional
rights and property rights. So, going
entering into someone's property and and
trying to abate that as city staff, um
presents a lot of challenges. So, we
usually will go to the courthouse for
that remedy. So, it's going to take a
little longer, but um the courts usually
do set a hearing uh fairly quickly if
there's an emergency or if uh if the
city has cause to believe that something
is going to fall down imminently. Um
there's also emergency abatement
procedures. So, there's definitely an
avenue when there's an emergency. Often
times, these structures are around so
long and they're deteriorating for so
long, you don't really know when an
emergency is going to come about.
Typically, you know, you've got a
deteriorating building, and then a
weather storm a weather incident occurs,
and now you have your emergency. It's
really a function of two things, but you
do have a tool in your toolbox for
emergencies, but I don't know that
that's What we try to do is get ahead of
these structures before they put
themselves in a position where an
emergency
is is is going to
occur. So,
so Paige is is is doing her department
is doing a nice job just monitoring
things and and making sure that, you
know, if if things get to that
extent and they think they need
legal counsel, they they should give us
a call and we try to address that right
away.
» So, Paige, you're saying you're seeing
more of that lately, more dangerous
buildings, broken windows? Like, is it
vandalism? Is it just neglect of
properties?
>> Probably a combination of things. I
» Probably a combination of things. I
partly just overall deterioration over
the years that there hasn't been any
type of upkeep that's been done.
» And some of these are residential, some
are commercial, some are Is this a mix
of the two? It's not just
this part of the city or this part of
the city. They kind of pop up all over
the place. You just have a few here and
there.
We just don't want it to become a lot
more than a few here and there.
I mean, in the past we've used 657A,
which is a common code section to seize
a property that is seen as
dilapidated or structurally going to
cause harm.
>> We did it for the Red Fox, too.
» We did it for the Red Fox, too.
>> That's the most recent one we all played
» That's the most recent one we all played
a part in.
That was a good time.
Um
but there are cities that use that
extensively and we're just not one of
them that does. I don't know that we
will get to that point, but that is kind
of a final
tool to say we are just going to handle
this, take this, take it away, demolish
it, whatever it may be done.
It's an extreme one that I don't think
we want to get to,
but that is something else that we have.
Um I could it'd helpful if we walk
through just straight process. How do we
get to the end result of a lot of the
smaller infractions that we see or for
areas that just simply will not correct
themselves, what is our path to get that
way?
I don't know if Paige, Marie, if either
one of you want to walk through that.
» I have a memo as well that I can leave
with you all um that walks through that.
I anticipated that you may have want to
have that background on the process. So,
um I'll I'll distribute this. Um I don't
know if you're visual people and you
want to see that as we walk through it,
but I can certainly do that if you want
to take and pass. I'll I'll keep one.
>> They also address this when you go to to
» They also address this when you go to to
new city council member training.
>> have a way glasses.
» have a way glasses.
>> Yeah, they have a section on it.
» Yeah, they have a section on it.
So, generally speaking nuisances are
going to be initiated pretty commonly
across cities, but Waverly does have its
own processes as well. It's chosen um
what kind you know how to serve notice
for example um and what is going to be
enumerated as a nuisance. So, those are
things that might vary community to
community. So, um you'll want to take a
look at the code with specific
questions, but um generally the the
process starts with just acknowledging
that there's either by complaint or by
direct observation that there is
potentially a problem. And determining,
you know, does that problem rise to the
level of a nuisance or not? And the next
thing that happens is um
in in Waverly there's an informal um
resolution process. So, in many
communities there are there is. So, the
next thing that might happen is Paige
mentioned is she might call call call
someone up, let them know there's a
problem. Maybe they don't know. Maybe
they don't know that it's um truly a
nuisance um and a violation and and that
it's the situation that it is. So, often
times you get compliance that way, um
but the formal process starts with a
written notice to abate. It has to be in
writing. Um it has to be appropriately
served on the property owner,
occupant, or person causing or
maintaining the nuisance um to the
extent the city knows. Um I don't know
if if if um Paige has a
habit or a policy in place on in terms
of who gets notice, but typically you're
going to notify both the landlord and
the tenant if you know who that is and
just the
smoothest path to successful compliance
is the goal. But it starts with the
written notice. The notice has to be
served by
by certified mail.
Now state law allows you to serve that
by ordinance. I haven't had many clients
take me up on that.
Kind of
wonder if some you're not getting some
of the attention by phone call if
they're going to pay attention to to
council minutes and an ordinance is
questionable. So I do think that mailed
notice is the best call even though I
think city code and state law allow
allow differently.
Yeah.
>> So what do you do if they just don't
» So what do you do if they just don't
pick up the letter?
>> That happens. So the code and in the
» That happens. So the code and in the
codes
perspective
it's delivered it's considered served
upon mailing. So but if the city has
knowledge that it hasn't been received,
then you have you're on constructive
notice that this person does not have
notice yet. So it would be appropriate
to take another step. So sometimes what
do you what do you usually do Paige in
that?
>> I think our nuisance might say receipt
» I think our nuisance might say receipt
of certified mail or personal service.
So I think we require it to be
>> actually received. So you wait and and
» actually received. So you wait and and
sometimes you have to sit around and
wait longer than what your abatement
deadline is.
>> I had one that was like three weeks that
» I had one that was like three weeks that
it the post office had it trying to
deliver it and then it came back as
undeliverable.
>> So there's a lot you don't have control
» So there's a lot you don't have control
over on that.
We just spoke about one.
Typically we say if if the code doesn't
provide for alternate service, you we
default to whatever the Iowa rules of
civil procedure would say is appropriate
service. So either by personal service
to the person hand delivered or
publication. And again, publication is
not
it's not direct, but it is a lawful form
of notice if you have to go that route
just to make sure you're providing
enough due process.
So, the next thing that happens is they
have an a person who received that
notice, they the ball is in their court,
they have a deadline, the notice has to
give the deadline,
um and then
the person has the opportunity to appeal
or to come to council, if it's an
administrative,
um and and I'll get to the other, but
generally we're talking about
administrative, um abatement. And so,
the person can come and tell council why
they don't think that this is a nuisance
and why they shouldn't be held
responsible. They have that right. Um
the city council will then need to make
a decision whether to
um go forward with the nuisance um as a
violation or not. Um if council goes
ahead and upholds the determination of
your code enforcement officer, um then
the city will then um
uh usually provide usually in council's
order, it'll say, "All right, now you've
got five more days or two more days."
You give them another opportunity, let
them know, "You've been heard, um you've
had your due process, and now you need
to abate." The person still has the
ability to appeal further to the
district court from there. So, they can
still challenge the council's decision.
Council's decision is on hold typically
unless we take other measures to um
to let the city take action pending the
outcome of the case, but typically the
the city's decision will be on hold
until a district court or magistrate
court gets uh to to make a the final
decision. So, that's one route. Um
if the person does not appeal further
and the city has to abate because the
person does not abate the nuisance, uh
then the question becomes how does how
how does one abate this nuisance? If
it's junk, that's a little more
complicated sometimes than grass. Um so,
we have to look at what needs to be
done. Um it usually you'll work with the
property owner by um letting them know I
and I'm sure Paige has a system for this
as well that's specific to Waverly, but
you usually let them know, "We're going
to be at your home at this time and this
is what we're going to do." And cost
recovery, that's your last step. How are
you going to recover those costs? Um and
cities have um an excellent tool. Um
you can send the bill to the property
owner and sometimes that gets paid. Um
if it does not, um the city may assess
the cost to the property. So, you can
actually in in situations where you have
a lot of smaller abatement costs in a in
a given season, you can collect all of
those and assess and then go ahead with
your levy procedures all at once. So,
you do have to the city council has to
follow the assessments uh requirements
that you would for any kind of special
assessment. It is a tax. And so, it's
considered it's it's it's considered
with the same priority as a tax. So, the
good news is the city will be reimbursed
um through the property tax system, but
you also have to very closely uh follow
the requirements by chapter 384 and
chapter 364. So, um those are things
that I you probably have those forms in
place and that process in place already.
Uh but we can also assist where there's
ever any questions on that. So, that's
your administrative process. It was a
long-
winded answer, but that's your
administrative process. If it is a
situation where the cost or the um entry
onto property is a little bit more
challenging or um it's more complicated,
the first step of course is still you're
going to be your notice to abate. You're
still going to reach out to the property
owner, uh I think have a conversation
with them, um and see what may be going
on, and then the formal written notice
to abate will follow. But what comes
after that will be a little different if
it's a a building, a dangerous building,
or a dangerous garage, um the matter if
is not attended to by the property owner
in the exact manner of the city requires
it in its notice, the next step would be
to refer the matter to the city
attorney's office for filing a citation
in court.
And then the the due process
takes over through the the rather than
through the council first.
The 657A's are
um a good tool um as well and I do have
cities that um I work with that either
use them very routinely or they use them
very purposefully, maybe not as
routinely, but um in given situations
where council has determined um this is
a situation where taking title to this
property is appropriate. That process is
reserved for what the code call what the
state code calls abandoned properties.
So, not only is it deteriorated,
dilapidated, but for 6 months or more,
there's a set of factors in state law
that are observed um on this particular
property demonstrating that this
property is in fact abandoned to the
point where it is causing an ongoing
nuisance and public safety and health
concern. The city is expending costs and
time um trying to help the property um
be a in compliance with code. Um
typically, you don't have utilities
conne- or particularly water connected
to the property, so it is not habitable
to some degree. Sometimes, you have some
crime that follows from having a
property sit vacant and um unattended
to. So, it can be an incredibly helpful
tool to the whole community when
appropriate. Um you should always have a
plan for what the city might want to do
with that property once you take title.
Uh but it is a court process. The city
will would file a petition um in
district court.
And um there would be numerous notices
to all lien holders, tax sale
certificate holders, owners, occupants
if there are any. Um and yes, sometimes
an abandoned property can be sometime
can be occupied at times. It's not
usually occupied full-time. It maybe
shouldn't be occupied in some
situations, particularly if it doesn't
have water, for example, or uh if
there's
vermin or holes in the building and
structure, so it's unsafe. Uh but that
that can be a much more complicated
process, but it is a tool in your
toolbox if you think that's appropriate
at any time.
» So, you're looking for feedback from
council about the process and whether we
approve of the process or how aggressive
we want to be.
>> Um it was more to educate you the
» Um it was more to educate you the
process, you know, what it takes to go
start to finish. It's not a simple we
set out a sticker on the door and they
mow the yard.
>> Right.
» Right.
>> God, that'd be nice. Uh it doesn't work
» God, that'd be nice. Uh it doesn't work
that way. Sometimes it takes another
month to get them to mow by then.
I mean, you're getting lost in there.
So,
it is just not that simple. And a lot of
people that call and complain think that
well, you just simply go and tell them
to mow and they mow it.
And it doesn't work that way. So, a lot
of it for us and
whoever's watching, um
is for them to hopefully hopefully
understand what this does look like.
All the way to us taking property, which
we have done before because it was not
kept up maintained. There was a few
buildings now we've talked about we
could do that right now.
Should we? I don't know. We'll probably
get to that at some point in time.
But the key was for you to understand
total process start to finish, what does
it look like all the way to
municipal fractions, you know, the last
set of tools we have before it goes to
court.
Um the other piece we're wanting to
discuss in is
you know, based on what you're seeing in
your neighborhoods. You know the people
that are a little bit of the habitual
offenders, they kind of your
problem houses. Um whether it's paint,
although I don't think paint's one that
we can say is a nuisance, although some
colors you don't need to see. I won't
say the colors, but
purple, I can't help it. I don't need to
see a purple house next to me. That's
offensive to me. So,
I don't like the color myself. Um
Purdue and I are panther, and that's
terrible, too. I know.
But it's in all seriousness, you know,
you know the houses that are a struggle.
You know your wards, you know who it is.
What are we going to do with that? How
aggressive do you want us to get? Again,
we have Paige, we can try and make
different
jobs become a little bit more engaged
and then get more people out there.
We've talked about it. Talked to Justin
before about do we
have our
gentlemen that are hauling our refuse
start to spot. They'll see every single
house in the entire city every single
week. They're going to know them
themselves. They could probably rattle
them off the top of their head,
addresses, problems, issues. Do we start
to use that? Do we start to go with
different routes to get more aggressive
in how we're doing this?
What are we going to be writing? Are we
going to have that issue where people
are coming in here more often? Are you
yourself going to be challenged a little
more because we're getting more
aggressive? All those things are things
we want to kind of understand and
consider before this gets worse.
Uh before you know it, we're going into
the fall.
You'll be having leaves drop and you're
going to really start to see some things
that you're not seeing now because of
the foliage that covers it.
And that's also a good time to start
getting into this as well. And if it
then the spring before it gets green
again is another good time. So,
we're just kind of debating on the
timing of some of this. What can we
accomplish throughout the summer? I
think the grass issue's going to be a
large one for us all the way
this El Niño hits all the way into
November.
Um
but your other issues are still hidden
there at times. We want to make sure
that we're able to address them when
they come up. So, it's a very
long-winded way to say, "What do you
want to do?
How hard do you want us to go after some
of this so that we start to nip it
before it gets to be a bigger problem?"
Or do you have a priority
that you want us to attack it? Maybe
that's the better question.
>> Well, I think safety, of course, is the
» Well, I think safety, of course, is the
top priority with buildings that are um
well, of course, abandoned, but are
being neglected and structurally are not
sound. Well, whether you've got kids
roaming the neighborhood who are going
to get into a building they shouldn't or
a garage. Um so, I think that's my top
priority. Although, if your lawn becomes
a hay field, that also can be, you know,
spread weeds and and other issues. I
think um
you know, I was I was just gone for a
few days and if my neighbors would not
have mowed my lawn, I probably would
have met your um mowing rule, right? And
so, I think I think it's important that
whenever we get a complaint that do just
what you're doing, right? Is to try to
investigate what are the circumstances.
Um you know, I I had an email from a
constituent who was upset that their
neighbor didn't take their garbage cans
in
for like 2 days and I didn't even know
there was a rule about that. But, I
think so part of it is helping our
neighbors out if they're out of town,
could you haul their garbage cans in,
right? If there's an issue, if someone's
sick, cannot mow their lawn, etc.
Helping each other out, right? But, I
also think that you know, but there was
a house, still is a house, I haven't
walked by there lately, although I drove
by it on the way to the meeting, that we
had to call Junk King on multiple times,
right? So, I think there are the people
who have something come up who typically
tend their property, something's come
up, they cannot do it, or it changes
hands or something. Then, there are the
people who just chronically struggle
with it. And I think it then becomes a
safety issue. It also becomes a
neighborhood issue. People were
threatening to move out of that
neighborhood
>> Yep.
» Yep.
>> because of the smell and the the garbage
» because of the smell and the the garbage
piled around, etc. So, I think it it
becomes a blight on the neighborhood. I
think that it's it's important to be
able to drive through our community and
feel like
properties are tended, right? That
people care about this, neighborhoods
care about it. And so, I'm I'm fine with
this process. I mean, I think there's
multiple steps to
to talk to the homeowner. Um
you know, you have the gentle approach
and then you have the the more Wait, we
see this a lot. I people Yeah, it
surprises me people don't know that
people are going to avoid this. When
when we have patients who ghost us for
months and I'm trying to figure out if
they're coming back, are they
terminating care? We send a certified
letter, they don't come, they don't pick
it up, right? Then you're just hanging.
And so, people try to avoid
confrontation.
Um and the city doesn't want to be
dealing with this if we don't have to,
right? But I do think it's important and
it it goes from just, I think, lowering
morale um of a neighborhood and and
causing tension between neighbors to a
true safety issue. So, I think it's a
nice process. I think this is very
helpful handout. Right? Thank you to to
sort of
tell us um the definitions and our
options.
Um
But it's concerning that you're getting
more calls about unsafe buildings.
>> Yeah, and then to go on top of not just
» Yeah, and then to go on top of not just
unsafe buildings, but stuff stored
outside, too. That's another kind of
common one that we've been seeing.
Um
They might be using some of it, but
we had a talk to previously um with
Maria about
we don't have anything against storing
stuff outside.
Some of these places are
right
at what point does that become junk
versus usable stuff that they are using
outside?
>> Yeah.
» Yeah.
>> Um one person calls it in as junk and
» Um one person calls it in as junk and
then gets upset if I don't do anything,
but then the homeowner is using it. So,
those kind of
if we
>> Yeah.
» Yeah.
>> have any thoughts on that kind of stuff.
» have any thoughts on that kind of stuff.
>> I mean, I think there's a reason you see
» I mean, I think there's a reason you see
more and more storage units to come up
and they're so full and they keep
building them and they're full and they
keep building them and they're full.
>> They got all that stuff.
» They got all that stuff.
>> People have stuff.
» People have stuff.
>> Yeah.
» Yeah.
>> And if you don't have a place to put it,
» And if you don't have a place to put it,
if you don't have a garage to put it, if
you don't have
we see it with single car garages,
triple car garages, we see it with
basements, we see it with slabs. Some
people just have a lot of stuff.
>> Yeah.
» Yeah.
>> And it's out and for some reason it
» And it's out and for some reason it
can't go in and I don't know what the
situation is, but we see it in new
neighborhoods, we see it in older
neighborhoods. There is no rhyme or
reason, it's just the individual has a
lot of stuff and I don't think it's
going to get any less stuff. And I think
that's the hard part is as we accumulate
more, it's more and more difficult to
see some of these properties
just get more and more overloaded with
things coming in, pallets of things and
uh that's the other side that we're
seeing is is there's just more stuff.
Uh you know, I see riding mowers for
yards would fit this size. I mean, it's
maybe a push mower would have been
better, I don't know.
But you can't fit that in your garage
and so it sits outside, neighbor gets
mad, weeds collect around it, which is
ironic cuz it is a mower.
But yet, you don't use it and then we
start getting calls and what are you
supposed to do and it becomes junk and
it becomes Yeah.
And then we're stuck in the middle of
it, too, just because somebody didn't
maybe make the best choice at some point
in time or decide they can't
take care of a property anymore and
we're still here trying to get it just
not working. And as you said earlier,
and you know, you're not even people
help as much as they might have or could
or should or
at some point, what do you do? And we
don't want to be the bad guy to put
people out, but
at some point in time it is not fair to
the others around them and so then you
have to balance that out, too. So,
that's kind of why I wanted to bring you
to come here and give her a meeting to
be able to really
educate you on this cuz I think this is
going to become more and more of an
issue uh than we've seen in the past.
Each year, I think it's going to get
worse if we don't start to tackle some
of these properties.
>> So, I have a question. I feel like I
» So, I have a question. I feel like I
should know the answer, but I don't. So,
some of the newer neighborhoods that
have neighborhood covenants,
who
is in charge Does that give neighbors
something to stand on or is that
something city? Cuz it's not necessarily
HOA, but the neighborhoods with
covenants that say you can't have stuff
in your yard or parked in your driveway.
Is that something city enforces? Is that
How does that even work? Or is that just
a piece of paper that's like, well, we
hope you follow this, but
>> That's kind of on the neighborhood as a
» That's kind of on the neighborhood as a
whole to enforce. We as a city, we get
the covenants when the subdivisions
first created. Um and we'll review them
they go in with all of our items, but
over the years those change and we don't
have to approve changes. We don't get
copies of those that are changed.
Some of them are only good for 21 years
and then they completely go away. Others
are continue auto renew, so they go on
forever.
But no, that kind of more falls on that
neighborhood.
>> It's as strong as the neighborhood wants
» It's as strong as the neighborhood wants
it to be.
>> Yeah.
» Yeah.
>> A lot of times they're not willing to
» A lot of times they're not willing to
take down themselves and we don't enjoy
it either. You'll just have things that
just lax and just kind of go. Even if it
isn't allowed by the covenants. So, it's
as strong as the neighborhood wants it
to be. They don't want to confront their
neighbor even if it isn't allowed.
They'd rather call and tattle to the
city about it.
That's what most of our calls are. It's
the actual neighbor.
>> Yeah.
» Yeah.
>> And we've asked, "Did you talk to your
» And we've asked, "Did you talk to your
neighbor?" No, no, I can't talk to them.
Well, you call the police on them, but
yet you won't talk to your neighbor?
Okay, that's good to know. So,
happens a lot actually.
>> Oh, yeah.
» Oh, yeah.
Yeah, I mean I could give you an hour
talk on hoarding.
Right? And people stack things.
>> still. I mean
» still. I mean
>> And it's it's a really common problem.
» And it's it's a really common problem.
The first time I ran for city council, I
walked the whole town and
it was really impressive how much stuff
people had.
>> Yeah.
» Yeah.
>> Just stuff that obviously had not been
» Just stuff that obviously had not been
touched in years. And it's a it's a huge
it's a it's a very disruptive mental
health problem
um to families. Just breaks up families
a lot, source of a lot of tension in
families. And so you might Everybody who
lives in the house with all the stuff
might not want all the stuff there.
Right? That's the other thing to
remember is that that um it's very
complicated. So, I give you guys a lot
of credit for
approaching these households and trying
to figure out a solution because it is
really complicated and can be
a lot of anger can be directed at you
guys, I'm sure. And so I feel for you,
but
um but I think at some point
um and I've certainly had patients I'm
not going to even say where they live
cuz I serve a gigantic geographic
territory, but I've had patients that
have run into this um especially on
rural properties. You know, so um that's
at some point the county the city
somebody comes in and just just clears
it because it becomes too dangerous.
Yeah, especially old rusty metal
equipment in the 2-ft long grass and you
can pretty easily especially in the
summer tell if stuff is being used
because it's surrounded like you said by
really long grass that is not moved for
a while.
>> Be amazed at how many barbecue grills
» Be amazed at how many barbecue grills
that are still being used and the grass
is 3-ft tall around them.
>> But on the other hand you know people
» But on the other hand you know people
people are very attached to their stuff
and it's their property and so it's
really complicated. So I don't have a
great answer. I just I'm rambling on,
but I think this is a nice process and
it gives people the right to appeal.
They can come here. They can certainly
go to court, right? And make their case.
So it feels like it's a very fair
multi-step process.
Um
and we can certainly give the case
individual attention as a council if
if it warrants that if people want that.
» And so to appeal that they have to do it
within that time frame too. I think a
lot of them just let it go and don't
appeal. So I don't think we've ever had
one that
has appealed so then it's
>> Well, it's it's if you're having trouble
» Well, it's it's if you're having trouble
mowing your yard, right? If you're
having difficulty clearing your stuff,
um you're going to have trouble meeting
a deadline. Of coming to a council
meeting and appealing. It's it's not
like it's
it's not like it's a problem
you know, in one area of life
typically.
But
» Yeah, the
>> thoughts, comments?
» How challenging it would be to have more
eyes out on things.
>> I'd want to sit down with staff and see
» I'd want to sit down with staff and see
who we could allocate and kind of see
what that looks like. I think we can do
it.
It's just to get how far do we go, what
can we accomplish? We'd have to probably
talk about that a little more. What does
it look like, how often,
things like that. Like I said, I'm sure
we have staff that are out there enough
that they can literally list stuff off
the top of their head, 15 properties
right now. Point to a map, they would
just know. And then there's some brand
[clears throat] new ones that just come
out of nowhere. So, it's just kind of a
mixture, but you may have a better
answer, Paige.
>> Yeah, and I mean, additional eyes will
» Yeah, and I mean, additional eyes will
help great with those easy ones, like we
said, your grass. Those are really easy
to abate either ourselves or contracted
out to get it done.
Um so, additional eyes for those, that's
not a problem. And
more towards those junker those
buildings, then that's going to increase
cost if we have to take that on. So, I
think that's a big question moving
forward with these others is
what is the funding look like? What's
do you only do one potential
junkyard or dangerous building a year?
So, due to the financial aspect of it.
>> Do you know what that cost offhand,
» Do you know what that cost offhand,
Paige? A few that we've had done with
junk kings that have come in. I mean, I
know it varies by size, but do you have
a ballpark?
>> I want to say
» I want to say
one of them with junk kings, do you
recall from any of it? Was like Was it
like 1,500 or 1,600?
Um and that was where he was just able
to bring a tractor in, load it all up,
and that they weren't having to sort
through anything to determine what's
junk and what's not junk.
Um so, that was a pretty
straightforward, come in, get it out.
>> I think it's also important to to look
» I think it's also important to to look
at whether it's the the homeowner is
living in the property or renting it.
>> Oh, absolutely.
» Oh, absolutely.
>> Because, you know, and I don't know, we
» Because, you know, and I don't know, we
talk about this with our social worker a
lot at the hospital is who who can a
tenant go to?
Right? If they are living in a property
that is run down, is not being repaired
then I don't
I don't we never know what to tell them
because I don't know that we have a
tenant's rights
ordinance. Do we in Waverly?
>> rental property rights now. So we have
» rental property rights now. So we have
minimum standards that they all have to
meet.
So yeah, if there is concerns with it
then I'll go in and inspect that
property.
>> Okay, so you would be the go-to person.
» Okay, so you would be the go-to person.
Okay.
» Sometimes the tenants are in fear of
them being evicted.
We don't have a clause against that
actually, but
>> So I think I mean if law enforcement's
» So I think I mean if law enforcement's
going all over town, public works, you
know, the sanitation guys are all over
town. I think if they feel comfortable
identifying certain properties to to
assist Paige. I don't know that they're
obviously the people who are going to do
the notification,
but they're they're seeing the whole
town and you're I mean you can comment
on you probably have your top 10 list,
right? And
yeah, so um
But
>> probably see more than what what's
» probably see more than what what's
we've got calls and complaints on that
might not be as extreme as some others.
>> Yeah.
» Okay.
>> Do you have any other help Paige or is
» Do you have any other help Paige or is
>> questions or
» questions or
anything for Maria Paige or any staff?
>> any other comments that we should
» any other comments that we should
approach next?
>> We're not the only one. Actually, the
» We're not the only one. Actually, the
only one I want you to know every city
is fighting this all the time. It's not
just us.
» All right, that brings us to reports
from boards and commissions. Council
you've received the reports from boards
and commissions. Is there any
discussion?
Okay, that brings us to staff updates.
>> One quick one with the seal coat project
» One quick one with the seal coat project
being finalized tonight. Um, we'll see
what how the adhesion is with the rock,
but we'll be out with the sweepers here
either just before the Labor Day weekend
or just after.
Um,
kind of just we want to make sure it's
stuck down good with the heat and the
good warm temperatures.
That's all we have tonight, Bill.
» Okay, city council comments,
councilperson Rafferty.
>> So, you had asked me to comment on how
» So, you had asked me to comment on how
citizens can find out what we're all
discussing up here.
>> I did. So, I've been asked a couple
» I did. So, I've been asked a couple
different times, um, people who either
watch the meetings or just have
questions, how do we know what to talk
about and how do we know how to vote?
And Anne was just going to go over that
a little bit because she's been on
council for quite a while.
>> Yeah.
» Yeah.
So, um, and I was telling Kristen, I
think every people who've watched city
council a long time, every mayor does
things differently, right? Um, and so,
some of us ask more questions than
others. I tend to ask a lot of
questions, but so, we Carla puts out the
agenda for the meeting the week before
the meeting, typically by Wednesday,
give or take. [clears throat]
And if people just go to the city
website, they will find on there how to
contact all of us, they'll find out the
agenda, they'll find out videos from
previous meetings. And when you go into
the agenda section, you can look at the
calendar, you can look at all the
commissions agendas, you can look at our
agenda, and then you'll find something
that talks about the agenda packet. And
then there's also just the agenda. The
packet has all of the background
documents that we see before the
meeting. Now, occasionally, on rare
occasions, we'll have something that
pops up in the packet at the meeting or
just before the meeting, but most of the
documents are there a few days in
advance. And so, that tells us Usually,
there's a memo prepared by staff, uh
especially if it's a budgetary item.
And there's background maps, there's
background survey results, there might
be pictures, we love pictures of
equipment, um and and all the background
info we need. And so when I read that,
oftentimes I have questions. So I'm
going to reach out to department heads.
If it's something big, I tend to CC
James on my email just so he's aware of
of what I'm snooping around about.
Sometimes I'll just text Garrett or
whatever, it's a simple question. And so
I my first go-to is usually a city staff
because they can answer my questions 99%
of the time. And so if I have a a
citizen who has a question for me, I'm
you often asking them, "Have you called
city staff? Have you asked them?"
Oftentimes they have not, maybe they did
and they're confused, and so then I will
try to loop people in to my email to
staff. Um and so we I try to get most of
my questions answered before the
meeting,
um rather than springing them on a staff
person um who might not be ready for a
certain aspect of the project I have a
question about. And so but but all of
the info we see
um is available to the public. We're
required to have open meetings. Um
the other thing I think the public
should know is that we can't all discuss
a topic from the agenda together as a
group. That's that is in violation of
the open meetings law. We can send out
an informational email to someone. So
let's say if it's um some recognition
for somebody, hey, just information
only, we're doing a recognition for
Diana Blake at the meeting. But you
can't discuss the library's budget,
can't discuss um a certain resolution on
the agenda
um if you have a certain number of
quorum of city council. So if I want to
talk to people about a certain agenda
item, then I have to limit my discussion
to only two other council.
Um or else it becomes a meeting and
people um have to be notified of that.
And so we don't have a lot of back room
discussions
after City Council because it's illegal.
And so
so we're everything that that
we
deliberate about is public info and is
easily accessible.
We've also had questions now with
I know I reached out to Gary a couple
weeks ago with Waverly Utilities getting
rid of cable. How do people watch now?
And Gary, maybe you could comment on
what you told me about YouTube access
and cuz I have had some questions about
that from people.
>> Sure. Yep, it's there's [clears throat]
» Sure. Yep, it's there's [clears throat]
a city
YouTube channel.
And so you just go to city of Waverly,
Iowa
on YouTube and it'll pull that up and so
you can watch those live or you or
they're archived and you can watch, you
know, historically whatever you want to
watch.
Yeah, not much more to it than that.
There is a link from
the city's website page. So if you go to
look at
the agendas or, you know, just to our
meetings page, you can
it links right to the YouTube page for
you as well.
>> So
» So
yeah, a couple different ways to get
there.
>> Good, thanks. So does that help, Mayor?
» Good, thanks. So does that help, Mayor?
>> Yes, it does. I I think the big question
» Yes, it does. I I think the big question
is always like, well, how come you guys
don't talk about it? And the main
takeaway is that we see this a week in
advance and we have a chance to ask
questions and do a little digging
beforehand. So we're not just popping up
here and everybody says yes cuz we have
whatever, don't care, don't know what's
going on. But so we do see this a week
in advance. Roughly, maybe not quite a
week, but and then we do get to ask
questions ahead of time. So we come in
prepared.
So thank you for covering that.
>> Sure.
» Sure.
>> Councilperson Kingis.
» Councilperson Kingis.
>> I would add to that that some of the
» I would add to that that some of the
discussion, a lot of the items are
budgeted things that have discussed
during budget session beginning of the
year and so they've come up three, four,
or five times by the time we're actually
voting on them. We're not going back to
go, "Oh, yeah, this what are we doing
that week?" We've talked about this is
something we want to do, this is what
the budget's going to be roughly for, it
comes in, we see whether it's coming in
over budget, under budget. Those were
our questions usually come in what
>> Right into the change orders.
» Right into the change orders.
>> Yep. The change orders in the budget,
» Yep. The change orders in the budget,
but a lot of those things it's just
simply, "Okay, this has been budgeted,
came in under budget, here's the
awarding the contract."
So, there's not a lot for us to
dig in on at that point because we've
already kind of gone through that. So,
>> So,
» So,
>> Thank you.
» Thank you.
>> My only uh my my commentary is we are
» My only uh my my commentary is we are
now end of August and teachers and
students are getting ready to go back
into school.
Uh so, think of the teachers as they're
doing workshops this week and
uh
be aware of students getting ready to go
back to school next week. Um
a lot of excitement for kids when they
first start going back into schools, so
they may not always be aware of their
surroundings on streets and stuff, not
with that. Pay attention there. Buses,
do not pass a stopped bus with their
lights on, flashing and stop arm out,
even if it you're going the opposite
direction.
You may not pass a stopped bus.
And with that, since I deal with middle
schoolers, I just would like to note
that this year is the 26-7
school year.
>> Oh, boy.
» Oh, boy.
>> 6-7
» 6-7
>> Oh, yeah. Oh, yeah.
» Oh, yeah. Oh, yeah.
>> Could have went all night without that.
» Could have went all night without that.
>> [laughter]
» [laughter]
>> I appreciate that.
» Uh Council Person Harmon.
>> Um I'd like to say it's not cool to say
» Um I'd like to say it's not cool to say
6-7 in middle school anymore.
>> Oh, no.
» Oh, no.
>> [laughter]
» [laughter]
>> Stop it at Christmas.
» Stop it at Christmas.
I'll wait till Larry is in high school.
She needs to
I know and now they're like it's not
cool anymore.
Councilperson Myers.
>> Uh yes, I just want to acknowledge as
» Uh yes, I just want to acknowledge as
may have been noticed that my seat on
the dais has been empty for the past few
meetings
because I've been out of town helping a
friend who's been very ill.
I'm hoping to be back in Waverly very
soon, but in the meantime I'm very
grateful that I've been able to take
part in all the meetings by phone and I
encourage the public to still reach out
to me any with any questions or concerns
they might have about city issues.
>> Thank you. Councilperson Mackey.
» Thank you. Councilperson Mackey.
>> Yeah,
» Yeah,
in reference to Councilperson Kangas'
comments last week about
nearly hitting the the young person on
the
scooter wasn't it or e-bike a bike like
this. My wife and I were
riding our bikes this morning and we
both took a right. My wife went first. I
was getting ready and just as I started
leaning into a turn a shall we say
octogenarian
came screaming by me passing on your
right.
So, it seems that we have many people to
educate not just
not just our young and I'm just glad I
screamed or anything like that or she
didn't scream at me.
And I will be at my Ward 3 brewery this
this evening after the meeting today
when we wish to visit.
>> Thank you. Councilperson Wolf.
» Thank you. Councilperson Wolf.
>> I saw that it was uh
» I saw that it was uh
hunger action month and so I called
Claire at Community Action to get some
local stats to make it real because a
lot of times it feels like oh, that
doesn't happen in my neighborhood.
Um
Claire said that pantry has been very
busy
in July 185 unduplicated households with
526 individuals and they distributed
over $10,000 or 10,000 lb of food.
Compared to 2021, so 5 years ago, they
served 232 unduplicated households and
541 individuals for the year.
So, there's been a significant increase,
and then
um Bart and I uh volunteered the last
summer meals, and
uh
the beauty of that is is I get to
United Way and and Community Action get
to hear the stories of people
struggling, but we also get to see the
people coming out and volunteering and
working together to really meet the
needs. Um and they served uh 16,212
meals this year. The largest day they
served 192 kids, and last year they
served uh 8,896
meals with the largest day of 122 kids.
So, there's [snorts] an increase.
» Thank you, Janet.
>> And our guest councilperson,
» And our guest councilperson,
we had a little bit longer meeting for
you tonight. What'd you think? Any
questions or comments?
>> No, it's not really a good opportunity
» No, it's not really a good opportunity
to kind of you see it from
a
different angle.
>> Yeah.
» Yeah.
>> And how we're doing, so.
» And how we're doing, so.
And thank you all for having me.
>> [clears throat]
» [clears throat]
>> For sure. Um I was kind of going to
» For sure. Um I was kind of going to
piggyback off the back-to-school thing.
Although you said kids are excited to go
back to school, I have three high
schoolers.
>> Yeah, high school.
» Yeah, high school.
>> Not a single one. I have one graduating
» Not a single one. I have one graduating
early, and I will tell the story
[clears throat] until the day I die
because it is so funny. He's graduating
early.
Um since his third day of kindergarten,
I had to drag him into school, and he
was screaming, "You're ruining my life."
So, he was 5 years old, 3 days into
kindergarten. And it has been a struggle
for 13 years, but we are We have 90 days
of school left. Um but yes, please pay
attention to those kids who are walking,
biking, parents
driving in carpools and stop buses.
Please, just pay attention as everyone's
getting into a new routine.
The
food pantry can do a lot with money, a
lot more with money than donations, so
look at um
donating money to the food pantry.
United Way's little food pantry is
always out or always in need of
donations, so look at those. And with
that, uh there's a lot of great things
going on in our community, and if you
cannot find the good things that are
going on in our community, find a way to
be the good thing that is going on in
our community. With that, Council, do I
have a motion to adjourn?
>> Move to adjourn.
» Move to adjourn.
>> Is there a second?
» Is there a second?
>> Second.
» Second.
>> Is it a voice vote? All in favor, say I.
» Is it a voice vote? All in favor, say I.
>> I.
» I.
>> I.
» I.
>> We are adjourned.