[1:14] Good evening. It is [clears throat] [1:15] Monday, August 17th, at 7:00 p.m. This [1:17] is a regular meeting of the City Council [1:19] of Waverly, Iowa, and we are called to [1:21] order. [1:23] Please join me in the Pledge of [1:24] Allegiance. [1:28] » I pledge allegiance to the flag of the [1:30] United States of America, and to the [1:33] republic for which it stands, one [1:35] nation, under God, indivisible, with [1:39] liberty and justice for all. [1:45] » Council, do I have a motion to approve [1:46] the agenda? [1:48] >> Move to approve the agenda as presented. [1:52] » Move to approve the agenda as presented. [1:52] >> Second. [1:53] » Second. [1:53] >> Any discussion? [1:55] » Any discussion? [1:55] It's It's vote. All in favor say I. [1:58] >> I. [1:58] » I. [1:58] >> I. [1:58] » I. [1:59] >> I. [2:00] » I. [2:00] >> Council, do I have a motion to approve [2:01] » Council, do I have a motion to approve [2:01] the minutes? [2:03] >> I move to approve the minutes as [2:04] » I move to approve the minutes as [2:04] presented. [2:08] » Second. [2:09] >> Is there any discussion? [2:12] » Is there any discussion? [2:12] It's a voice vote. All in favor say I. [2:15] >> I. [2:15] » I. [2:15] >> I. [2:16] » I. [2:16] >> I. [2:17] » I. [2:17] >> It passed unanimously. Okay, welcome [2:19] » It passed unanimously. Okay, welcome [2:19] back to our guest councilperson Steve [2:21] Nuss. Thank you for joining us again [2:22] tonight. I will come back to you at the [2:24] end of the meeting if you have any [2:25] comments or questions to go over. [2:28] This is the date, time, and place for [2:29] public hearing for review of the plans, [2:31] specifications, form of contract, and [2:33] estimated cost for the 2026 Cemetery [2:36] Road and parking lot project. The mayor [2:38] and the city council will entertain any [2:40] comments. After all comments, the [2:41] hearing will be declared closed, and the [2:43] following action will be considered. [2:45] Have you received any written or oral [2:47] comments? [2:48] >> I have not, Your Honor. [2:49] » I have not, Your Honor. [2:49] >> Are there any public comments? [2:53] » Are there any public comments? [2:53] I see none. The public hearing is now [2:54] closed. Council, do I have a motion? [2:58] » I move approval of resolution 26-168, a [3:01] resolution approving the plans, [3:03] specifications, form of contract, and [3:05] estimated cost for the 2026 Cemetery [3:07] Road and parking lot project. [3:09] >> Second. [3:11] » Second. [3:11] >> Any discussion? [3:13] » Any discussion? [3:13] Roll call vote, please. [3:15] >> Wolf? [3:15] » Wolf? [3:15] >> Yes. [3:16] » Yes. [3:16] >> Rafferty? [3:16] » Rafferty? [3:16] >> Yes. [3:17] » Yes. [3:17] >> Myers? [3:18] » Myers? [3:18] >> Yes. [3:19] » Yes. [3:19] >> Mackey? [3:20] » Mackey? [3:20] >> Yes. [3:20] » Yes. [3:20] >> Hengus? [3:21] » Hengus? [3:21] >> Yes. [3:21] » Yes. [3:21] >> Harman? [3:22] » Harman? [3:22] >> Yes. [3:24] » Can I have Diana Blake and Elaine Maine [3:27] meet me at the podium, please? [3:38] » [laughter] [3:39] >> Tonight, we get to recognize these two [3:41] » Tonight, we get to recognize these two [3:41] for their many, many decades of service [3:43] on the library board. So, Elaine, I [3:45] think 30 years, is that correct? [3:48] >> I really, really appreciate anybody [3:50] » I really, really appreciate anybody [3:50] who's willing to step up and serve on [3:51] any committee, especially for this long. [3:53] So, thank you for your commitment and [3:54] your dedication and the wonderful things [3:56] that the library has done. So, thank you [3:58] very, very much. [4:02] Miss Blake, we go way back. Way, way, [4:04] way, way back. I was the best trumpet [4:06] player she's ever had. [4:11] » [laughter] [4:12] >> We don't lie in this room, Miss Blake. [4:14] » We don't lie in this room, Miss Blake. [4:14] Um, but 42 years, I think. [4:15] >> 42 years. [4:16] » 42 years. [4:16] >> 42 years. So, thank you for your [4:18] » 42 years. So, thank you for your [4:18] dedication. You've had a long, long, um, [4:21] history of dedicating time to your [4:23] community and I appreciate that. [4:24] >> Pretty much it's been a pleasure. [4:27] » Pretty much it's been a pleasure. [4:28] Not [4:29] 42 years of meetings, but [4:31] serving such a wonderful institution as [4:34] the Waverly Public Library. [4:36] >> Absolutely. [4:37] » Absolutely. [4:37] I appreciate everything you've done. [4:39] Thank you. And congratulations. [4:41] >> Thank you. [4:44] » [applause] [4:58] [laughter] [5:04] » Okay. [5:04] >> She's out the door. [5:06] » She's out the door. [5:06] If you ever want to go to a meeting, you [5:07] can come here anytime you want. [5:10] Okay, this month we have two [5:11] proclamations. The first one is Al-Anon [5:13] Family Groups 75th Anniversary. [5:18] Whereas the City of Waverly strives to [5:20] maintain the health and well-being of [5:21] our residents and as such welcomes the [5:23] opportunity to recognize institutions [5:26] that pursue the worthwhile endeavor, it [5:28] is therefore appropriate we acknowledge [5:30] Al-Anon Family Groups on the occasion of [5:32] its 75th Anniversary. And whereas the [5:36] Al-Anon Family Group was founded in 1951 [5:39] to offer understanding, strength, and [5:41] hope to families and friends of [5:42] individuals affected by alcohol use. [5:45] Al-Anon recognizes alcoholism is a [5:47] family disease and healing must extend [5:49] beyond the individual to loved ones who [5:51] also suffer in silence. And whereas for [5:54] 75 years Al-Anon has been a lifeline for [5:57] those impacted by problem drinking [5:59] providing peer-led support, healing [6:01] tools, and a space to recover from the [6:03] effects of alcoholism. And whereas the [6:07] Iowa District 4 of Al-Anon serving [6:09] Waverly has long played a vital role in [6:11] helping individuals rebuild their [6:13] emotional well-being, foster resilience, [6:15] and strengthen family and community [6:17] ties. And whereas through its commitment [6:19] to inclusivity, confidentiality, and [6:21] mutual support, Al-Anon has created a [6:24] compassionate community where members [6:25] can grow, heal, and support one another. [6:28] And whereas the 75th anniversary of [6:31] Al-Anon Family Groups offers an [6:32] opportunity to honor its life-changing [6:34] impact worldwide, especially in Waverly, [6:37] and to raise awareness of the resources [6:39] to those affected by a loved one's [6:40] alcoholism. Now, therefore, I, Kristen [6:43] Haffle, mayor and city council of the [6:45] city of Waverly, do hereby Monday, [6:47] August 31st, 2026 in the city of Waverly [6:50] as Al-Anon Family Groups Day throughout [6:54] the city. And I urge all people of [6:55] Waverly to support families and friends [6:57] of loved ones struggling with alcoholism [6:59] or alcohol use disorder by sharing [7:01] information about Al-Anon Family Groups. [7:04] In witness whereof, I hereunto set my [7:06] hand and cause the seal of the city of [7:07] Waverly, Iowa to be affixed this 17th [7:10] day of August, 2026. [7:13] Council, do I have a motion? [7:14] >> I move to approve the proclamation [7:16] » I move to approve the proclamation [7:16] proclaiming Monday, August 31st, 2026 as [7:19] Al-Anon Family Groups Day in the city of [7:21] Waverly, Iowa. [7:23] >> Second. [7:24] » Second. [7:24] >> Is there any discussion? [7:27] » Is there any discussion? [7:27] This is a voice vote. All in favor say [7:28] I. [7:29] >> I. [7:30] » I. [7:30] >> Opposed? [7:32] » Opposed? [7:32] That brings us to our second [7:34] proclamation of the month. [7:36] Hunger Action Month Proclamation 2026. [7:41] Whereas hunger is a vital concern in [7:43] Northeast Iowa, where 12% of people, [7:45] including one in every six children, [7:47] experience food insecurity, and whereas [7:50] every person deserves access to the food [7:52] and resources they need to live a full, [7:53] healthy life. Yet millions of people in [7:55] the US experience food insecurity, and [7:58] when people don't have enough to eat, it [8:00] impacts their health, education, and [8:01] future opportunities. Whereas the city [8:03] of Waverly is committed to taking steps [8:05] to combat hunger in every part of our [8:07] community, and to provide additional [8:09] resources that are needed. And whereas [8:12] the city of Waverly, Iowa, is committed [8:15] to working with Northeast Iowa Food Bank [8:17] to educate people about the role and [8:18] importance of Feeding America Network, [8:21] and how it stands alongside neighbors [8:22] facing hunger to ensure everyone has [8:24] access to the food and resources they [8:26] need to thrive. And [8:28] whereas more than 2,300 individuals in [8:31] Bremer County access food from Northeast [8:34] Iowa Food Bank annually, and whereas [8:37] Northeast Iowa Food Bank distributed [8:39] more than 226,000 meals to more than [8:42] 33,000 duplicated households in their [8:45] most recent fiscal year through a [8:47] network of agency partners, food [8:49] pantries, meal programs, and other [8:50] community organizations. And [8:53] whereas the month of September has been [8:54] designated Hunger Action Month to bring [8:56] communities together to elevate the [8:58] voices of people who experience food [9:00] insecurity, and inspire everyone to take [9:02] action in the movement to end hunger. [9:04] And [9:05] whereas food banks across the country, [9:06] including the Northeast Iowa Food Bank, [9:08] will host numerous events throughout the [9:10] month of September to bring awareness [9:12] and help end hunger in their local [9:13] community. [9:15] Now, therefore, I, Kristen Happle, mayor [9:17] of the City Council of Waverly, Iowa, do [9:19] hereby recognize September 2026 as [9:22] Hunger Action Month in the City of [9:23] Waverly, Iowa, and I call this [9:25] observance to the attention of our [9:27] citizens. [9:28] Council, do I have a motion? [9:30] >> I move to proclaim proclaiming September [9:33] » I move to proclaim proclaiming September [9:33] 2026 as Hunger Action Month in the City [9:35] of Waverly, Iowa. [9:37] >> Second. [9:39] » Second. [9:39] >> Any discussion? [9:41] » Any discussion? [9:41] This is a voice vote. All in favor say [9:43] I. [9:44] >> I. [9:44] » I. [9:44] >> I. [9:44] » I. [9:45] >> I. [9:45] » I. [9:45] >> Passed unanimously. This is the time for [9:47] » Passed unanimously. This is the time for [9:47] public comments on items not on the [9:49] agenda. Please limit your comments to 5 [9:51] minutes unless additional time is [9:52] granted by the presiding officer. All [9:54] comments shall be addressed to the [9:55] council as a whole and not to any [9:57] individual member. Does anybody rise for [9:59] public comments? [10:02] Seeing no one, [10:04] councillors, do I have a motion to [10:05] approve the consent calendar? [10:09] » I'll move approval of the consent [10:11] calendar as presented. [10:13] >> Second. [10:14] » Second. [10:14] >> Is there [clears throat] any discussion? [10:19] This is a voice vote. All in favor say [10:21] I. [10:22] >> I. [10:22] » I. [10:22] >> I. [10:23] » I. [10:23] >> I. [10:23] » I. [10:23] >> Passed unanimously. [10:25] » Passed unanimously. [10:25] On to regular business. [10:29] Resolution 26-165, [10:31] a resolution awarding the citywide [10:33] asphalt patching fall 2026 project. [10:36] Councillors, do I have a motion? [10:40] » I move to approve resolution 26-165, [10:43] a resolution awarding the citywide [10:44] asphalt patching fall 2026 project to [10:47] Kluesner Construction of Farley, Iowa [10:49] for the bid amount of $20,553.70. [10:54] » Second. [10:56] >> Is there any discussion? [10:59] » Is there any discussion? [10:59] It's a roll call vote, please. [11:01] Rathje. [11:01] >> Yes. [11:02] » Yes. [11:02] >> Myers. [11:05] » Yes. [11:07] >> Mackey. [11:08] » Mackey. [11:08] >> Yes. [11:09] » Yes. [11:09] >> King. [11:09] » King. [11:09] >> Yes. [11:10] » Yes. [11:10] >> Harmon. [11:10] » Harmon. [11:10] >> Yes. [11:11] » Yes. [11:11] >> Wolf. [11:12] » Wolf. [11:12] >> Yes. [11:18] » Resolution 26-166, [11:21] a resolution approving change order [11:22] number one, accepting the bituminous [11:24] seal coat program 2026 as complete, [11:27] approving pay application number one, [11:29] and approving pay application number two [11:31] as the final payment to the Prairie Road [11:33] Builders Inc. of Hazleton, Iowa. [11:35] Council, do I have a motion? [11:38] >> Move to approve resolution 26-166, [11:42] » Move to approve resolution 26-166, [11:42] a resolution approving change order [11:44] number one for a decreased amount of [11:46] $5,396.60, [11:49] accepting the bituminous seal coat [11:52] program 2026 is complete, approving pay [11:55] application number one in the amount of [11:57] $128,182.98, [12:02] and approving pay application number two [12:04] in the amount of $3,964.62, [12:08] as the final payment to Prairie Road [12:10] Builders Incorporated of Hazleton, Iowa. [12:15] » Is there a second? [12:16] >> Second. [12:17] » Second. [12:17] >> Barden. [12:19] » Barden. [12:19] Is there any discussion? [12:20] >> Just wondered why it was decreased. [12:23] » Just wondered why it was decreased. [12:23] Didn't cost as much. [12:24] >> In the beginning, it's purely a [12:26] » In the beginning, it's purely a [12:26] guess on [12:28] the footage of the the quantity that we [12:30] have. In this case, it it was a [12:32] reduction because we they actually used [12:34] less product. So, we actually track the [12:36] product by tickets [12:38] and then and gallons that come off the [12:39] truck. [12:40] >> Okay. [12:40] » Okay. [12:40] >> Thanks. [12:43] » Any other discussion? [12:45] Roll call vote, please. [12:47] >> Myers. [12:48] » Myers. [12:49] >> Yes. [12:49] » Yes. [12:49] >> Matthi. [12:50] » Matthi. [12:50] >> Yes. [12:50] » Yes. [12:50] >> Tangis. [12:51] » Tangis. [12:51] >> Yes. [12:51] » Yes. [12:51] >> Harmon. [12:52] » Harmon. [12:52] >> Yes. [12:52] » Yes. [12:52] >> Wolf. [12:53] » Wolf. [12:53] >> Yes. [12:53] » Yes. [12:53] >> Raffety. [12:54] » Raffety. [12:54] >> Yes. [13:00] » Resolution 26-167, [13:02] a resolution approving an agreement with [13:04] Helland Engineering and Surveying LTD to [13:07] complete a retracement survey of the [13:09] alley and a portion of the street within [13:11] block 15, original town of Waverly. Do I [13:14] have a motion? [13:16] >> I move to approve resolution 26-167, [13:20] » I move to approve resolution 26-167, [13:20] a resolution approving an agreement with [13:21] Helland Engineering and Surveying [13:23] Limited to complete a retracement survey [13:25] of the alley and a portion of the street [13:28] within block 15 in original town of [13:30] Waverly for the amount of $2,100 plus [13:32] recording fees. [13:34] >> Second. [13:36] » Second. [13:36] Any discussion? [13:38] So, it sounds like this was just sort of [13:39] discovered [13:41] by accident almost during a [13:43] application. [13:45] Okay. And we're using [13:46] >> determine if a retaining wall that was [13:48] » determine if a retaining wall that was [13:48] built is actually on our property or [13:49] not. And that's kind of why we're going [13:50] through this process. We're seeing it [13:52] more and more. And it's in the older [13:54] section people start to redo things and [13:56] all of a sudden you realize I don't [13:57] think that's your property. So, this [13:59] will kind of resolve that issue. [14:01] >> So, the fence is new, but the retaining [14:03] » So, the fence is new, but the retaining [14:03] wall was already there. [14:04] >> No. [14:06] » No. [14:06] Do you want to explain, Paige? [14:08] >> The existing fence [14:10] » The existing fence [14:10] is likely over the property line as [14:12] well, but they are going to take that [14:14] out to redo a fence in its place. [14:16] >> Okay. [14:18] » Okay. [14:18] Okay. [14:20] I know we're just using a different [14:21] surveying company than typical. [14:23] >> Just trying to stay competitive. [14:24] » Just trying to stay competitive. [14:24] >> Okay. [14:25] » Okay. [14:25] Thanks. [14:28] Any other discussion? [14:31] Roll call vote, please. [14:32] >> Mackey? [14:33] » Mackey? [14:33] >> Yes. [14:33] » Yes. [14:33] >> Cangas? [14:34] » Cangas? [14:34] >> Yes. [14:34] » Yes. [14:34] >> Harmon? [14:35] » Harmon? [14:35] >> Yes. [14:36] » Yes. [14:36] >> Wolf? [14:36] » Wolf? [14:36] >> Yes. [14:37] » Yes. [14:37] >> Rathje? [14:37] » Rathje? [14:37] >> Yes. [14:38] » Yes. [14:38] >> Myers? [14:39] » Myers? [14:40] >> Yes. [14:45] » Just came off my straw. I almost choked [14:46] on it. Did you see that? [14:48] >> I was ready. [14:50] » I was ready. [14:50] >> I have these little silicone tips on my [14:52] » I have these little silicone tips on my [14:52] straw and I almost choked on one, so I'm [14:54] going to take that off. [14:55] Um okay. Third and final reading of [14:59] ordinance 1181 an ordinance amending [15:01] sections 105.4.09 [15:04] and 105.4.10 [15:06] of chapter 105 traffic of the Waverly [15:08] code of ordinances. Council, do I have a [15:10] motion? [15:14] » Move to approve the third and final [15:15] reading of ordinance 1181 an ordinance [15:18] amending sections 105.409 [15:21] and 105.4.10 [15:24] of chapter 105 traffic of the Waverly [15:27] code of ordinances. [15:30] Second. [15:32] Any discussion? [15:36] Roll call vote, please. [15:37] >> Kangas? [15:38] » Kangas? [15:38] >> Yes. [15:38] » Yes. [15:38] >> Harman? [15:39] » Harman? [15:39] >> Yes. [15:39] » Yes. [15:40] >> Wolf? [15:40] » Wolf? [15:40] >> Yes. [15:41] » Yes. [15:41] >> Rathje? [15:41] » Rathje? [15:41] >> Yes. [15:42] » Yes. [15:42] >> Myers? [15:43] » Myers? [15:43] >> Yes. [15:44] » Yes. [15:44] >> Mackey? [15:44] » Mackey? [15:44] >> Yes. [15:45] » Yes. [15:45] >> [clears throat] [15:50] » Resolution 26-169, [15:53] a resolution approving the removal of [15:54] the fire hydrant installation [15:56] requirement for parcel QQ 901 29th [15:59] Avenue Southeast. Council, do I have a [16:01] motion? [16:04] » I'll move to approve resolution 26-169, [16:07] a resolution approving the removal of [16:09] the fire hydrant installation [16:11] requirement for parcel QQ 901 29th [16:14] Avenue Southeast. [16:18] >> Second. [16:20] » Second. [16:20] Any discussion? [16:21] >> So, I just got some clarification from [16:23] » So, I just got some clarification from [16:23] James about this before the meeting. [16:25] This was something we first saw back in [16:27] '18 when this subdivision was first [16:29] proposed and um [16:32] yeah, there's not there's not enough [16:33] water pressure to support a hydrant and [16:35] there's water supply right across the [16:37] road, basically, it sounds like. [16:39] >> Great. And will Jesse, if you will [16:41] » Great. And will Jesse, if you will [16:41] elaborate a little bit, kind of why [16:42] we're stuck in this [16:43] central pickle here. [16:45] >> Uh Breezy Hill subdivision itself had a [16:48] » Uh Breezy Hill subdivision itself had a [16:48] um [16:49] house was built recently. We looked at [16:51] everything. [16:52] In the agreement it said that it must be [16:54] served by rural water and also the city [16:57] had sanitary sewer in there. So, rural [17:00] water brought in service for that home [17:02] and subsequently put in taps for the [17:04] other lots there. [17:06] This other out lot here was brought up [17:08] as [17:10] some interest and we started looking [17:11] into it and there was a requirement that [17:13] a hydrant must be brought to this lot. [17:15] Um rural water does not have a hydrant [17:18] in that area. Um [17:20] It would be a substantial investment to [17:22] get a a hydrant from rural water there. [17:25] And rural water's hydrants are not [17:26] similar to what city hydrants are as far [17:28] as fire protection. [17:30] They can fit They can haul water off of [17:32] it, but they don't hook a pumper to it [17:34] or anything like that. Um, city [17:37] water mains are uh roughly I think I put [17:39] 2,200 ft or something away from there. [17:42] Um, it would be a dead end system, so it [17:44] wouldn't be a loop system. Um, not [17:46] really uh conducive to firefighting. It [17:48] would serve water to the one resident at [17:51] that point, and not even the other ones [17:52] cuz rural water was in there. [17:54] So, there wasn't a lot of uh advantage [17:57] for us doing that. [17:58] >> So, if there's a fire there [18:00] » So, if there's a fire there [18:00] >> They would be hauling from city mains. [18:02] » They would be hauling from city mains. [18:02] And I talked to the fire chief as well, [18:04] and that's what their plan would be even [18:06] if a hydrant was there from rural water. [18:08] They'd plan on hauling water from our [18:10] city mains. So, it does not really [18:12] change their approach. [18:14] >> Okay. [18:15] » Okay. [18:16] Thanks. [18:18] » Roll call vote, please. [18:20] Harmon? [18:21] >> Yes. [18:22] » Yes. [18:22] >> Wolf? [18:22] » Wolf? [18:22] >> Yes. [18:23] » Yes. [18:23] >> Rathje? [18:23] » Rathje? [18:23] >> Yes. [18:24] » Yes. [18:24] >> Myers? [18:25] » Myers? [18:25] >> Yes. [18:26] » Yes. [18:26] >> Mackey? [18:26] » Mackey? [18:26] >> Yes. [18:27] » Yes. [18:27] >> Tenges? [clears throat] [18:27] » Tenges? [clears throat] [18:28] >> Yes. [18:33] » Resolution 26-170, a resolution [18:36] approving contract, bonds, and [18:37] certificate of insurance for the Waverly [18:39] Utilities Boat Ramp Project. Council, do [18:42] I have a motion? [18:43] >> I move to approve resolution 26-170, [18:46] » I move to approve resolution 26-170, [18:46] resolution approving contract, bonds, [18:49] and certificate of insurance from Baker [18:51] Enterprises Inc. of Waterloo, Iowa for [18:53] the Waverly Utilities Boat Ramp Project, [18:56] and authorize the mayor to sign the [18:57] contract. [19:00] >> Second. [19:01] » Second. [19:01] >> Any discussion? [19:05] Roll call vote, please. [19:06] Wolf? [19:07] >> Yes. [19:07] » Yes. [19:07] >> Rathje? [19:08] » Rathje? [19:08] >> Yes. [19:09] » Yes. [19:09] >> Myers? [19:10] » Myers? [19:10] >> Yes. [19:11] » Yes. [19:11] >> Mackey? [19:11] » Mackey? [19:11] >> Yes. [19:12] » Yes. [19:12] >> Kangis? [19:12] » Kangis? [19:12] >> Yes. [19:13] » Yes. [19:13] >> Harmon? [19:13] » Harmon? [19:13] >> Yes. [19:19] » Resolution 26-171, [19:21] a resolution approving a professional [19:23] services agreement for design of the [19:25] Waverly Golf Course Clubhouse remodel. [19:27] Council, do I have a motion? [19:29] >> I move approval of resolution 26-171, a [19:32] » I move approval of resolution 26-171, a [19:32] resolution approving a professional [19:34] services agreement for the Waverly Golf [19:35] Course Clubhouse remodel with Martin [19:38] Gardner Architecture and GA in Marion, [19:40] Iowa for design of the Waverly Golf [19:42] Course Clubhouse remodel for the total [19:44] amount of $333,000. [19:48] » Do I have a second? [19:49] >> Second. [19:51] » Second. [19:51] >> Any discussion? [19:53] » Any discussion? [19:53] >> So, I want to clarify quick that it's [19:54] » So, I want to clarify quick that it's [19:55] not just for architecture, that is [19:57] general contracting, architecture, [19:58] engineering, plan design. It's It's [20:00] everything. It's all the [20:02] Everything you're going to need. It is [20:03] not just for architecture. So, you know, [20:06] people look at that and panic sometimes. [20:07] It is for everything. They're just the [20:10] parent of what's going to be below them [20:11] as well. So. [20:12] >> So, they'll be supervising the [20:14] » So, they'll be supervising the [20:14] contractors? [20:17] And what's the timeline on this? [20:21] » I want to think we're looking October. [20:24] Cuz like our big tournaments are about [20:26] done by then. [20:27] >> Right. We'd like to get stuff out, get [20:29] » Right. We'd like to get stuff out, get [20:29] bids back, and be able to start the end [20:32] of October, beginning of November at the [20:34] latest. Uh to work through [20:37] >> [clears throat] [20:38] » [clears throat] [20:38] >> and then to be [20:40] » and then to be [20:40] you know, [20:41] we realize we probably won't be ready to [20:43] go at the end of March, beginning of [20:44] April, but we want to be ready to go by [20:47] the beginning of May. [20:49] So. [20:52] We're hoping to be all done by May. [20:55] >> So, do we have a plan yet? [20:57] » So, do we have a plan yet? [20:57] Like a blueprint or [20:59] >> a plan or are you asking? [21:00] » a plan or are you asking? [21:00] >> Just what are [21:00] » Just what are [21:00] >> That's what's getting finalized now [21:02] » That's what's getting finalized now [21:02] because they're going to reshape some [21:03] areas, and walls are going to move some [21:05] items. As it sits right now, it just [21:07] doesn't flow. It never really has. [21:09] >> Mhm. And so, we've been working with [21:11] » Mhm. And so, we've been working with [21:11] staff, Garrett, Jordan, myself, [21:14] architects, engineers, you know, what [21:16] does it look like to get a better system [21:18] in there? [21:19] Um by removing part of the course, the [21:22] building will go from 11 doors down I [21:24] think four. [21:26] Which greatly enhance how you get in, [21:27] how you get out. There's no question [21:29] about which door you want to use cuz [21:30] they're all over the place. [21:32] And so, it's been that kind of movement [21:33] to figure out what goes where, what [21:36] can't fit here, have to move this here. [21:38] How do you still seat 120 golfers? [21:41] That's been the design the last month is [21:43] getting that finished out, rough line, [21:45] all of it so that it's a little more [21:46] efficient. Uh so, it's very close to [21:48] being finalized so we can get you an [21:50] actual blueprint of what it will look [21:52] like. Uh I was surprised by the [21:53] limitations of what you can and can't do [21:55] with some of these things, but it cuz of [21:56] code and [21:57] um certain size of things like [21:59] bathrooms. We didn't know that was that [22:01] size it had to be that way and you can [22:02] only sit certain areas. [22:04] Um so, the cooler we make her, I mean, [22:06] all these things that you want to do to [22:08] get it to a single level, it does change [22:10] a lot of what happens. [22:11] And so, that's been the unique side of [22:13] seeing this. They've been very good to [22:14] work with showing examples, [22:16] demonstration of what this looks like in [22:17] this clubhouse, and what it could be. [22:20] So, I think we're all happy with where [22:21] it sits. [22:22] We just want to be able to get to you [22:23] soon to be able to see what that [22:24] layout's going to be and how it all [22:26] work. But it's almost a lot more [22:27] symmetrical now than it was with the [22:29] large addition that was there that we're [22:31] going to eventually remove. [22:36] » Any other discussion? [22:37] >> Will it be all ADA compliant, I assume? [22:40] » Will it be all ADA compliant, I assume? [22:40] >> Absolutely. We'll be down to [22:41] » Absolutely. We'll be down to [22:41] [clears throat] one level a lot easier [22:43] as we take the end of that two-story off [22:45] and we'll be right there. Everything. [22:50] » Roll call vote, please. [22:52] Brothy? [22:53] >> Yes. [22:53] » Yes. [22:53] >> Myers? [22:55] » Myers? [22:55] >> Yes. [clears throat] [22:55] » Yes. [clears throat] [22:55] >> Mackey? [22:56] » Mackey? [22:56] >> Yes. [22:56] » Yes. [22:56] >> Kangus? [22:57] » Kangus? [22:57] >> Yes. [22:57] » Yes. [22:58] >> Harmon? [22:58] » Harmon? [22:58] >> Yes. [22:59] » Yes. [22:59] >> Wolf? [22:59] » Wolf? [22:59] >> Yes. [23:04] » Resolution 26-172 [23:06] resolution approving two invoices from [23:08] Martin Gardner architecture for the [23:10] Waverly Golf Course Clubhouse. [23:13] Do I have a motion? [23:15] >> [clears throat] [23:16] » [clears throat] [23:16] >> Move approval of resolution 26-172 [23:19] » Move approval of resolution 26-172 [23:19] a resolution approving two invoices from [23:20] Martin Gardner architecture for the [23:22] Waverly Golf Course Clubhouse for the [23:24] amounts of $22,515.50 [23:27] and $23,477.56. [23:32] » Second. [23:34] >> Any discussion? [23:35] » Any discussion? [23:36] >> And I presume that's coming out of the [23:37] » And I presume that's coming out of the [23:37] 333 [23:38] >> That's why it's on after not on consent [23:40] » That's why it's on after not on consent [23:40] like it normally would have been. So we [23:42] had to wait and they were kind of [23:43] pushing but not until the contract was [23:45] done. [23:46] >> Right. [23:49] » Uh any other discussion? Roll call vote, [23:51] please. [23:52] >> [cough] [23:52] » [cough] [23:52] >> Myers. [23:53] » Myers. [23:53] >> Excuse me. [23:55] » Excuse me. [23:55] Yes. [23:56] >> Matheny. [23:57] » Matheny. [23:57] >> Yes. [23:57] » Yes. [23:57] >> Pennington. [23:58] » Pennington. [23:58] >> Yes. [23:59] » Yes. [23:59] >> Harman. [23:59] » Harman. [23:59] >> Yes. [24:00] » Yes. [24:00] >> Wolff. [24:00] » Wolff. [24:00] >> Yes. [24:01] » Yes. [24:01] >> Rocky. [24:01] » Rocky. [24:01] >> Yes. [24:07] » That brings us to mayoral appointments. [24:11] Council, do you have a motion to approve [24:12] the mayoral appointment? [24:15] » Move to approve the following mayoral [24:17] appointments. Josh Bear to be appointed [24:20] to the Leisure Services Commission due [24:22] to a vacancy for a term ending December [24:24] 31st, 2026. [24:26] >> Second. [24:28] » Second. [24:28] >> Any discussion? [24:31] It's a voice vote. All in favor say aye. [24:34] >> Aye. [24:34] » Aye. [24:34] >> Aye. [24:34] » Aye. [24:34] >> Aye. [24:35] » Aye. [24:35] >> Passed unanimously. [24:38] » Passed unanimously. [24:38] That brings us to discussion of code [24:40] enforcement. [24:42] James. [24:44] >> So I'll let Paige get to lead us off. [24:47] » So I'll let Paige get to lead us off. [24:47] I'm going to start coughing again. So [24:49] I'll be right back. [laughter] [24:53] » [clears throat] [24:54] [cough] [24:56] >> Come on up Paige. [25:00] Was I prepared to start with anything? [25:02] Um, basically we've just seen a lot of [25:05] uptick of different code enforcement [25:07] violation things throughout the city in [25:09] the last year or two. [25:11] Um, this year we've been trying to be [25:13] proactive with grass. There's been an [25:16] untimely number of the long grass that [25:18] we have made contact in one form or the [25:21] other with [25:22] um, [25:23] signs right away, all of those things [25:24] that we have tried to be proactive with. [25:26] Um, [25:27] seems to be there's an increased amount [25:29] of different things like junk in yards, [25:31] some of the [25:32] potentially dangerous buildings, things [25:33] like that. So we brought um, Maria [25:36] Brownwell up with Alder Zinkune um, to [25:39] kind of have a code enforcement [25:40] discussion to see kind of what council [25:42] wants to see done, where we go from [25:44] here. [25:49] » Nicely done, I think. [25:51] Sorry about that. [25:52] >> So So Paige, I'm just curious, what's [25:54] » So So Paige, I'm just curious, what's [25:54] the what's sort of the [25:58] What? How does it usually occur? Does [25:59] someone call about a neighbor property [26:01] or they drive by somewhere and they call [26:03] you or could you just tell us about the [26:05] process and how your referrals come in [26:07] and what you do? [26:08] >> Yep. Historically we've been mainly [26:11] » Yep. Historically we've been mainly [26:11] complaint driven for all types of [26:14] violations. [26:15] Um, [26:16] last year we started being more [26:18] proactive especially with grass and this [26:21] year we [26:23] got other bodies helping look at items. [26:26] Um, so long grass we really [26:28] start with a courtesy phone call or [26:30] letter, email, whatever contact [26:31] information I have for that property [26:33] owner to try to get it, just educate [26:35] them on what code says. Um, [26:38] then we sends out a lot of times a [26:40] non-certified letter just to try to keep [26:44] the mailing costs down. A certified [26:45] letter is now like 10 something, I [26:47] think. [26:48] Um, [26:49] if that still doesn't get done then we [26:50] reach out through certified mail. That [26:52] can take a couple of weeks um, before it [26:55] comes back as undeliverable. Then we [26:57] attempt the personal service. [26:59] So, signs and right-of-ways, grass, [27:01] we've been trying to be proactive on a [27:03] lot of those. [27:04] Some of the junk, easy items that are [27:07] junk in the yards, then [27:09] if it's really obvious and we drive by, [27:11] we're trying to be proactive and reach [27:13] out to that property owner. [27:15] Otherwise, they come in through [27:17] complaints from citizens. [27:19] >> And so, citations have we done so far [27:21] » And so, citations have we done so far [27:21] this year? [27:23] >> How many actual citations or we just [27:25] » How many actual citations or we just [27:25] make contact? [27:26] >> Contact, complaints, how many we've seen [27:28] » Contact, complaints, how many we've seen [27:28] so far this [27:29] >> we've probably had 200. I've just some [27:31] » we've probably had 200. I've just some [27:31] sort of contact or another. [27:35] Higher than [27:36] >> is very effective, but maybe not our [27:38] » is very effective, but maybe not our [27:38] best way to do it. I think it's some of [27:39] our goal tonight, as Mayor Jim [27:41] mentioned, as well as [27:42] how aggressive do we want to get going [27:44] forward? Because it's not getting a lot [27:46] better in some areas. In fact, it's [27:47] getting a little worse and [27:49] you know, we're seeing properties we [27:50] haven't dealt with in the past, we are [27:51] now, whatever reason, whether it's [27:54] different owners, um [27:56] circumstances that we're not aware of, [27:57] but we're seeing a lot more need for [27:59] code enforcement, especially in grass. [28:01] But even in a junk buildings, we're [28:03] starting to see more of that, buildings [28:04] that are starting to lean, they almost [28:06] look dangerous, broken windows. [28:08] So, how aggressive do we want to get? [28:10] And that's going to be a manpower [28:11] question, it's going to be a funding [28:13] question. [28:14] And that's kind of what brought us to [28:15] have this overall discussion of, you [28:17] know, there's certain things that we [28:18] talk about that are common. I mean, tall [28:20] grass is one of the big ones that we see [28:22] everywhere. Uh what is junk? We had that [28:25] long discussion with Maria earlier. What [28:27] is junk technically? And that's kind of [28:29] a perspective thing. It's It's [28:31] everybody's got their own idea of what [28:32] that is. [28:34] You know, how often do we go after [28:35] those? We've done them in the past. [28:37] We've had some that we had to call in [28:39] people to remove [28:41] significant quantities of items, uh [28:44] multiple times sometimes. And [28:47] so, as we start to see it pop up more [28:48] and more in Waverly more than we've had [28:49] in the past, one of the main questions [28:51] we'll want tonight for you to answer is [28:53] how aggressive do you want us to get out [28:55] to some of this? [28:56] Cuz it's Paige, and then some other [28:58] supporting staff, but [29:00] it may take a little bit more effort on [29:02] our end to figure out how that's going [29:03] to be accomplished going forward. [29:05] >> How much of that is repeat offenders? [29:07] » How much of that is repeat offenders? [29:07] Are these all [29:09] new faces, new names, or are there some [29:12] that frequent flyers that just seem to [29:14] keep cropping up or [29:16] >> There are repeat offenders. I wouldn't [29:17] » There are repeat offenders. I wouldn't [29:18] say that's the majority, though. [29:19] >> Okay. [29:21] » Okay. [29:21] >> Is it mainly owned properties by someone [29:24] » Is it mainly owned properties by someone [29:24] living at the home who owns the [29:25] property, rental properties, all of the [29:27] above? [29:27] >> It's actually really good mix. [29:28] » It's actually really good mix. [29:28] >> Mhm. [29:29] » Mhm. [29:29] >> Um of rental versus owner-occupied. [29:33] » Um of rental versus owner-occupied. [29:33] >> And of course the grass is growing like, [29:35] » And of course the grass is growing like, [29:35] you know, so I can totally relate to [29:37] that, but um what do you hear from [29:39] people when you end up speaking to [29:41] somebody? What do they have to say? [29:45] » Rentals actually are [29:48] easier [29:50] to get some of those done first because [29:52] the landlord says the tenant's supposed [29:54] to be doing it, and they're like, "We'll [29:55] make sure it gets done within the [29:56] weekend." kind of thing. [29:58] Um [29:59] so then the property owners say, "I [30:00] don't have time. [30:02] I [30:04] >> Whatever. [30:04] » Whatever. [30:05] >> Things you can't say in public. [30:07] » Things you can't say in public. [30:07] >> Things you can't say in public. [30:08] » Things you can't say in public. [30:08] >> Yeah, okay. [30:08] » Yeah, okay. [30:08] >> It's my lawn, I can do what I want. [30:10] » It's my lawn, I can do what I want. [30:10] >> I didn't know if it was people, you [30:11] » I didn't know if it was people, you [30:11] know, who are elderly who can't do their [30:13] lawn anymore or who can't afford to fix [30:15] their garage that's falling over or [30:17] I just wondered. [30:18] >> I have not heard from that for the [30:20] » I have not heard from that for the [30:20] grass. I can see that potentially with [30:22] some of the buildings, [30:24] um but not so much with the grass, I [30:26] think. [30:27] >> And who's helping you look at these [30:28] » And who's helping you look at these [30:28] properties? Who goes out and checks [30:30] things besides Do you Are you out [30:32] driving around looking or [30:33] >> I do sometimes. [30:34] » I do sometimes. [30:34] >> Yes. [30:35] » Yes. [30:35] >> I spend a lot of Friday out. [30:36] » I spend a lot of Friday out. [30:36] >> Um [30:37] » Um [30:37] we have two inspectors that do other [30:40] jobs for the city, but they've been [30:43] allowed to help point some out. Um once [30:46] it gets the point of actually sending a [30:48] certified notice to abate, I kind of [30:49] want my eyes on those since the next [30:52] step is for us to abate. Um [30:55] >> And how nasty are people? And do you [30:56] » And how nasty are people? And do you [30:56] take law enforcement with you ever? [30:59] >> Right now, they just really are dry ice [31:03] » Right now, they just really are dry ice [31:03] um that I don't have to stop too often. [31:06] Um there's one that I sent out a notice [31:08] to inspect an interior, law enforcement [31:10] will come, but they'll have to stay on [31:11] the outside of the building when I can [31:13] go inside. [31:14] >> Mhm. [31:19] And what is the grass rule? What's the [31:21] length of grass rule? [31:22] >> Typically, your residential any [31:24] » Typically, your residential any [31:24] developed property is 8 in or less. [31:27] Um your empty subdivisions or empty [31:30] lots, they can apply for a property [31:32] maintenance permit, a tier two what we [31:34] call it, can be 24 in or less, just no [31:37] noxious weeds. [31:39] Um and then your waterways can be a [31:40] little higher than that. [31:42] >> Mhm. [31:43] » Mhm. [31:43] But we talked earlier, we fight No Mow [31:45] May. [31:47] Just not going to do it June. [31:49] Um you know, it just keeps on going, and [31:52] you just have a bit of that, and people [31:54] think that's an excuse just not mow your [31:55] yard. [31:57] There are certain requirements to [31:58] participate in that, such as wildflowers [32:00] and things like that. I don't think [32:02] thistles and other flowers are counted [32:04] in that, and yet you see it, and it's [32:06] just like I said, it's become an excuse [32:08] just not take care of your [32:10] By the time you have to mow it, it's a [32:11] hayfield. It is not a good time. [32:13] >> Right. [32:14] » Right. [32:14] >> Um so you're battling all these [32:16] » Um so you're battling all these [32:16] different things, and community-wide you [32:18] want to be fair. [32:19] >> Mhm. [32:19] » Mhm. [32:19] >> Just want to try and treat everybody the [32:20] » Just want to try and treat everybody the [32:20] same, so we try and get to these things [32:22] as much as you can. Sometimes you just [32:23] can't, so [32:25] you know, while we have a ton of them [32:26] from being complaint-driven, I'm sure [32:27] we're not getting them all. [32:29] Um it depends on how much your neighbor [32:31] likes you, and how many times they want [32:33] to call in on you, and it's [32:34] >> Mhm. [32:35] » Mhm. [32:35] >> you can just expect it after [32:36] » you can just expect it after [32:36] [clears throat] certain rains, and days [32:37] later, you're going to get a whole lot [32:39] of calls coming in. [32:40] >> Well, and that's being just proactive [32:41] » Well, and that's being just proactive [32:42] being just complaint driven on some of [32:43] those, sometimes they don't get called [32:45] in until it's well beyond it should have [32:48] been. If we know about it, with the ones [32:51] we've been proactive, we've seen it [32:53] early enough that a quick phone call to [32:55] them say, "Hey, your grass is long. Can [32:58] you please get it taken care of?" That's [32:59] a lot easier for them to go and get it [33:00] taken care of within a day or two versus [33:03] waiting until it's [33:05] well beyond [33:06] >> Right. [33:06] » Right. [33:06] >> And you need a baler. [33:09] » And you need a baler. [33:09] >> And what are the what's the definition [33:10] » And what are the what's the definition [33:11] of a dangerous property? [33:13] >> There's multiple That's why Maria is [33:14] » There's multiple That's why Maria is [33:14] here. It's [33:15] >> Probably. [snorts] [33:16] » Probably. [snorts] [33:16] >> Yeah. [33:17] » Yeah. [33:17] >> It depends on what we're looking at. And [33:19] » It depends on what we're looking at. And [33:19] so [33:21] It depends on what we're talking about. [33:23] So, the city code has a couple of [33:25] different avenues for addressing [33:26] properties. Um [33:28] there's the the building code, which has [33:30] the dangerous building [33:32] um provisions in it. Um but your your [33:35] main tool is your nuisance code. It also [33:38] has an enumeration of nuisances [33:40] including that dense growth of [33:42] vegetation, tall grasses. Um it refers [33:45] back to a more specific part of the code [33:48] that addresses what uh the height the [33:50] maximum height of that grasses can be. [33:53] Um but generally speaking, when we're [33:55] looking at your nuisance code, you have [33:57] that enumeration, but the term nuisance [33:59] is whatever is injurious to health, [34:02] indecent, or offensive to the senses. Or [34:05] otherwise an obstacle to the free use of [34:07] property. So, it interferes with some [34:09] someone else's comfortable enjoyment of [34:11] their property. So, that's your classic [34:14] definition. State code defines it that [34:16] way. It's been around a long time. Um [34:18] and so, to some extent, there has to be [34:20] a measure of guidance from council on [34:23] policy with respect to what uh what [34:25] degree of enforcement is appropriate in [34:28] a given circumstances. [34:34] » I guess I think that the dangerous [34:36] building or dangerous [34:38] you know, things that present a danger [34:39] to life and limb, but obviously go to [34:41] the mat pretty quickly [34:43] and consistently. [34:45] >> That makes sense. And we usually say [34:47] » That makes sense. And we usually say [34:47] too, especially when it comes to [34:49] buildings or structures, [34:50] um that it's most beneficial, because [34:53] city code actually gives two avenues for [34:55] enforcement. One is administrative, so [34:58] the grass is one example that's [34:59] different than what you're talking about [35:01] where um it's it's appropriate typically [35:03] for administrative because there's [35:06] there's usually less cost associated [35:08] with it, um and it is a pretty quick [35:10] fix. So, if the city needed to go in and [35:13] abate itself, it could certainly do so [35:15] after certain notices, and then it could [35:17] assess those costs to the property [35:18] without the need to go to the [35:20] courthouse. On the other hand, there's [35:22] those dangerous buildings or garages, [35:25] and we do always recommend going to the [35:27] court with that remedy. Simply many [35:30] different reasons, but one of which [35:31] there's going to be an a larger cost, as [35:34] you might imagine, to addressing it. [35:36] It's more complicated to address. It [35:39] involves some someone's constitutional [35:41] rights and property rights. So, going [35:43] entering into someone's property and and [35:46] trying to abate that as city staff, um [35:48] presents a lot of challenges. So, we [35:50] usually will go to the courthouse for [35:52] that remedy. So, it's going to take a [35:53] little longer, but um the courts usually [35:56] do set a hearing uh fairly quickly if [35:58] there's an emergency or if uh if the [36:01] city has cause to believe that something [36:03] is going to fall down imminently. Um [36:05] there's also emergency abatement [36:07] procedures. So, there's definitely an [36:09] avenue when there's an emergency. Often [36:12] times, these structures are around so [36:14] long and they're deteriorating for so [36:15] long, you don't really know when an [36:17] emergency is going to come about. [36:19] Typically, you know, you've got a [36:20] deteriorating building, and then a [36:22] weather storm a weather incident occurs, [36:25] and now you have your emergency. It's [36:27] really a function of two things, but you [36:30] do have a tool in your toolbox for [36:31] emergencies, but I don't know that [36:33] that's What we try to do is get ahead of [36:36] these structures before they put [36:37] themselves in a position where an [36:38] emergency [36:40] is is is going to [36:42] occur. So, [36:43] so Paige is is is doing her department [36:45] is doing a nice job just monitoring [36:47] things and and making sure that, you [36:49] know, if if things get to that [36:51] extent and they think they need [36:53] legal counsel, they they should give us [36:55] a call and we try to address that right [36:56] away. [37:05] » So, Paige, you're saying you're seeing [37:06] more of that lately, more dangerous [37:08] buildings, broken windows? Like, is it [37:10] vandalism? Is it just neglect of [37:12] properties? [37:13] >> Probably a combination of things. I [37:16] » Probably a combination of things. I [37:16] partly just overall deterioration over [37:18] the years that there hasn't been any [37:20] type of upkeep that's been done. [37:25] » And some of these are residential, some [37:27] are commercial, some are Is this a mix [37:29] of the two? It's not just [37:30] this part of the city or this part of [37:32] the city. They kind of pop up all over [37:33] the place. You just have a few here and [37:35] there. [37:37] We just don't want it to become a lot [37:38] more than a few here and there. [37:44] I mean, in the past we've used 657A, [37:46] which is a common code section to seize [37:48] a property that is seen as [37:51] dilapidated or structurally going to [37:54] cause harm. [37:54] >> We did it for the Red Fox, too. [37:56] » We did it for the Red Fox, too. [37:56] >> That's the most recent one we all played [37:57] » That's the most recent one we all played [37:57] a part in. [37:58] That was a good time. [38:00] Um [38:01] but there are cities that use that [38:02] extensively and we're just not one of [38:05] them that does. I don't know that we [38:06] will get to that point, but that is kind [38:08] of a final [38:09] tool to say we are just going to handle [38:11] this, take this, take it away, demolish [38:13] it, whatever it may be done. [38:15] It's an extreme one that I don't think [38:16] we want to get to, [38:18] but that is something else that we have. [38:20] Um I could it'd helpful if we walk [38:21] through just straight process. How do we [38:23] get to the end result of a lot of the [38:26] smaller infractions that we see or for [38:29] areas that just simply will not correct [38:30] themselves, what is our path to get that [38:32] way? [38:33] I don't know if Paige, Marie, if either [38:34] one of you want to walk through that. [38:38] » I have a memo as well that I can leave [38:40] with you all um that walks through that. [38:42] I anticipated that you may have want to [38:44] have that background on the process. So, [38:46] um I'll I'll distribute this. Um I don't [38:49] know if you're visual people and you [38:50] want to see that as we walk through it, [38:52] but I can certainly do that if you want [38:54] to take and pass. I'll I'll keep one. [38:57] >> They also address this when you go to to [38:59] » They also address this when you go to to [38:59] new city council member training. [39:00] >> have a way glasses. [39:01] » have a way glasses. [39:01] >> Yeah, they have a section on it. [39:04] » Yeah, they have a section on it. [39:04] So, generally speaking nuisances are [39:06] going to be initiated pretty commonly [39:08] across cities, but Waverly does have its [39:10] own processes as well. It's chosen um [39:13] what kind you know how to serve notice [39:15] for example um and what is going to be [39:18] enumerated as a nuisance. So, those are [39:20] things that might vary community to [39:21] community. So, um you'll want to take a [39:23] look at the code with specific [39:25] questions, but um generally the the [39:27] process starts with just acknowledging [39:30] that there's either by complaint or by [39:32] direct observation that there is [39:34] potentially a problem. And determining, [39:36] you know, does that problem rise to the [39:38] level of a nuisance or not? And the next [39:40] thing that happens is um [39:42] in in Waverly there's an informal um [39:45] resolution process. So, in many [39:47] communities there are there is. So, the [39:48] next thing that might happen is Paige [39:50] mentioned is she might call call call [39:52] someone up, let them know there's a [39:53] problem. Maybe they don't know. Maybe [39:54] they don't know that it's um truly a [39:57] nuisance um and a violation and and that [39:59] it's the situation that it is. So, often [40:01] times you get compliance that way, um [40:03] but the formal process starts with a [40:05] written notice to abate. It has to be in [40:07] writing. Um it has to be appropriately [40:09] served on the property owner, [40:11] occupant, or person causing or [40:13] maintaining the nuisance um to the [40:15] extent the city knows. Um I don't know [40:18] if if if um Paige has a [40:21] habit or a policy in place on in terms [40:23] of who gets notice, but typically you're [40:25] going to notify both the landlord and [40:27] the tenant if you know who that is and [40:30] just the [40:31] smoothest path to successful compliance [40:33] is the goal. But it starts with the [40:35] written notice. The notice has to be [40:37] served by [40:39] by certified mail. [40:41] Now state law allows you to serve that [40:43] by ordinance. I haven't had many clients [40:45] take me up on that. [40:46] Kind of [40:47] wonder if some you're not getting some [40:48] of the attention by phone call if [40:50] they're going to pay attention to to [40:51] council minutes and an ordinance is [40:52] questionable. So I do think that mailed [40:55] notice is the best call even though I [40:56] think city code and state law allow [40:58] allow differently. [41:00] Yeah. [41:01] >> So what do you do if they just don't [41:02] » So what do you do if they just don't [41:02] pick up the letter? [41:03] >> That happens. So the code and in the [41:05] » That happens. So the code and in the [41:05] codes [41:07] perspective [41:09] it's delivered it's considered served [41:11] upon mailing. So but if the city has [41:14] knowledge that it hasn't been received, [41:17] then you have you're on constructive [41:19] notice that this person does not have [41:20] notice yet. So it would be appropriate [41:22] to take another step. So sometimes what [41:25] do you what do you usually do Paige in [41:26] that? [41:26] >> I think our nuisance might say receipt [41:30] » I think our nuisance might say receipt [41:30] of certified mail or personal service. [41:33] So I think we require it to be [41:34] >> actually received. So you wait and and [41:37] » actually received. So you wait and and [41:37] sometimes you have to sit around and [41:38] wait longer than what your abatement [41:39] deadline is. [41:40] >> I had one that was like three weeks that [41:41] » I had one that was like three weeks that [41:41] it the post office had it trying to [41:43] deliver it and then it came back as [41:45] undeliverable. [41:46] >> So there's a lot you don't have control [41:47] » So there's a lot you don't have control [41:47] over on that. [41:49] We just spoke about one. [41:51] Typically we say if if the code doesn't [41:53] provide for alternate service, you we [41:55] default to whatever the Iowa rules of [41:57] civil procedure would say is appropriate [41:59] service. So either by personal service [42:01] to the person hand delivered or [42:03] publication. And again, publication is [42:06] not [42:07] it's not direct, but it is a lawful form [42:09] of notice if you have to go that route [42:12] just to make sure you're providing [42:13] enough due process. [42:15] So, the next thing that happens is they [42:17] have an a person who received that [42:19] notice, they the ball is in their court, [42:22] they have a deadline, the notice has to [42:23] give the deadline, [42:25] um and then [42:26] the person has the opportunity to appeal [42:28] or to come to council, if it's an [42:29] administrative, [42:31] um and and I'll get to the other, but [42:33] generally we're talking about [42:34] administrative, um abatement. And so, [42:37] the person can come and tell council why [42:39] they don't think that this is a nuisance [42:41] and why they shouldn't be held [42:42] responsible. They have that right. Um [42:44] the city council will then need to make [42:45] a decision whether to [42:47] um go forward with the nuisance um as a [42:50] violation or not. Um if council goes [42:53] ahead and upholds the determination of [42:55] your code enforcement officer, um then [42:57] the city will then um [42:59] uh usually provide usually in council's [43:01] order, it'll say, "All right, now you've [43:03] got five more days or two more days." [43:04] You give them another opportunity, let [43:05] them know, "You've been heard, um you've [43:07] had your due process, and now you need [43:09] to abate." The person still has the [43:11] ability to appeal further to the [43:13] district court from there. So, they can [43:15] still challenge the council's decision. [43:17] Council's decision is on hold typically [43:19] unless we take other measures to um [43:23] to let the city take action pending the [43:25] outcome of the case, but typically the [43:26] the city's decision will be on hold [43:28] until a district court or magistrate [43:30] court gets uh to to make a the final [43:32] decision. So, that's one route. Um [43:36] if the person does not appeal further [43:37] and the city has to abate because the [43:39] person does not abate the nuisance, uh [43:42] then the question becomes how does how [43:45] how does one abate this nuisance? If [43:47] it's junk, that's a little more [43:48] complicated sometimes than grass. Um so, [43:50] we have to look at what needs to be [43:52] done. Um it usually you'll work with the [43:54] property owner by um letting them know I [43:57] and I'm sure Paige has a system for this [43:59] as well that's specific to Waverly, but [44:01] you usually let them know, "We're going [44:02] to be at your home at this time and this [44:04] is what we're going to do." And cost [44:06] recovery, that's your last step. How are [44:07] you going to recover those costs? Um and [44:10] cities have um an excellent tool. Um [44:12] you can send the bill to the property [44:14] owner and sometimes that gets paid. Um [44:16] if it does not, um the city may assess [44:18] the cost to the property. So, you can [44:20] actually in in situations where you have [44:22] a lot of smaller abatement costs in a in [44:25] a given season, you can collect all of [44:28] those and assess and then go ahead with [44:30] your levy procedures all at once. So, [44:32] you do have to the city council has to [44:34] follow the assessments uh requirements [44:37] that you would for any kind of special [44:39] assessment. It is a tax. And so, it's [44:41] considered it's it's it's considered [44:43] with the same priority as a tax. So, the [44:45] good news is the city will be reimbursed [44:47] um through the property tax system, but [44:49] you also have to very closely uh follow [44:52] the requirements by chapter 384 and [44:55] chapter 364. So, um those are things [44:59] that I you probably have those forms in [45:01] place and that process in place already. [45:03] Uh but we can also assist where there's [45:05] ever any questions on that. So, that's [45:08] your administrative process. It was a [45:09] long- [45:10] winded answer, but that's your [45:12] administrative process. If it is a [45:15] situation where the cost or the um entry [45:19] onto property is a little bit more [45:21] challenging or um it's more complicated, [45:25] the first step of course is still you're [45:27] going to be your notice to abate. You're [45:28] still going to reach out to the property [45:29] owner, uh I think have a conversation [45:31] with them, um and see what may be going [45:33] on, and then the formal written notice [45:35] to abate will follow. But what comes [45:38] after that will be a little different if [45:40] it's a a building, a dangerous building, [45:41] or a dangerous garage, um the matter if [45:44] is not attended to by the property owner [45:46] in the exact manner of the city requires [45:48] it in its notice, the next step would be [45:51] to refer the matter to the city [45:52] attorney's office for filing a citation [45:55] in court. [45:56] And then the the due process [45:59] takes over through the the rather than [46:00] through the council first. [46:04] The 657A's are [46:07] um a good tool um as well and I do have [46:09] cities that um I work with that either [46:11] use them very routinely or they use them [46:13] very purposefully, maybe not as [46:15] routinely, but um in given situations [46:18] where council has determined um this is [46:21] a situation where taking title to this [46:23] property is appropriate. That process is [46:27] reserved for what the code call what the [46:28] state code calls abandoned properties. [46:31] So, not only is it deteriorated, [46:33] dilapidated, but for 6 months or more, [46:35] there's a set of factors in state law [46:37] that are observed um on this particular [46:40] property demonstrating that this [46:42] property is in fact abandoned to the [46:44] point where it is causing an ongoing [46:46] nuisance and public safety and health [46:48] concern. The city is expending costs and [46:51] time um trying to help the property um [46:56] be a in compliance with code. Um [46:58] typically, you don't have utilities [47:00] conne- or particularly water connected [47:02] to the property, so it is not habitable [47:04] to some degree. Sometimes, you have some [47:07] crime that follows from having a [47:08] property sit vacant and um unattended [47:11] to. So, it can be an incredibly helpful [47:14] tool to the whole community when [47:16] appropriate. Um you should always have a [47:18] plan for what the city might want to do [47:20] with that property once you take title. [47:22] Uh but it is a court process. The city [47:25] will would file a petition um in [47:27] district court. [47:29] And um there would be numerous notices [47:32] to all lien holders, tax sale [47:34] certificate holders, owners, occupants [47:36] if there are any. Um and yes, sometimes [47:40] an abandoned property can be sometime [47:41] can be occupied at times. It's not [47:43] usually occupied full-time. It maybe [47:45] shouldn't be occupied in some [47:47] situations, particularly if it doesn't [47:49] have water, for example, or uh if [47:52] there's [47:53] vermin or holes in the building and [47:55] structure, so it's unsafe. Uh but that [47:57] that can be a much more complicated [48:00] process, but it is a tool in your [48:01] toolbox if you think that's appropriate [48:03] at any time. [48:10] » So, you're looking for feedback from [48:12] council about the process and whether we [48:14] approve of the process or how aggressive [48:16] we want to be. [48:17] >> Um it was more to educate you the [48:18] » Um it was more to educate you the [48:18] process, you know, what it takes to go [48:20] start to finish. It's not a simple we [48:22] set out a sticker on the door and they [48:24] mow the yard. [48:25] >> Right. [48:25] » Right. [48:25] >> God, that'd be nice. Uh it doesn't work [48:27] » God, that'd be nice. Uh it doesn't work [48:27] that way. Sometimes it takes another [48:29] month to get them to mow by then. [48:31] I mean, you're getting lost in there. [48:32] So, [48:33] it is just not that simple. And a lot of [48:35] people that call and complain think that [48:37] well, you just simply go and tell them [48:38] to mow and they mow it. [48:40] And it doesn't work that way. So, a lot [48:41] of it for us and [48:43] whoever's watching, um [48:44] is for them to hopefully hopefully [48:46] understand what this does look like. [48:48] All the way to us taking property, which [48:50] we have done before because it was not [48:52] kept up maintained. There was a few [48:53] buildings now we've talked about we [48:55] could do that right now. [48:56] Should we? I don't know. We'll probably [48:58] get to that at some point in time. [49:00] But the key was for you to understand [49:01] total process start to finish, what does [49:03] it look like all the way to [49:05] municipal fractions, you know, the last [49:07] set of tools we have before it goes to [49:08] court. [49:10] Um the other piece we're wanting to [49:11] discuss in is [49:13] you know, based on what you're seeing in [49:14] your neighborhoods. You know the people [49:15] that are a little bit of the habitual [49:17] offenders, they kind of your [49:19] problem houses. Um whether it's paint, [49:21] although I don't think paint's one that [49:23] we can say is a nuisance, although some [49:25] colors you don't need to see. I won't [49:27] say the colors, but [49:28] purple, I can't help it. I don't need to [49:30] see a purple house next to me. That's [49:31] offensive to me. So, [49:33] I don't like the color myself. Um [49:36] Purdue and I are panther, and that's [49:37] terrible, too. I know. [49:38] But it's in all seriousness, you know, [49:40] you know the houses that are a struggle. [49:42] You know your wards, you know who it is. [49:45] What are we going to do with that? How [49:47] aggressive do you want us to get? Again, [49:50] we have Paige, we can try and make [49:51] different [49:52] jobs become a little bit more engaged [49:55] and then get more people out there. [49:57] We've talked about it. Talked to Justin [49:58] before about do we [50:00] have our [50:01] gentlemen that are hauling our refuse [50:03] start to spot. They'll see every single [50:05] house in the entire city every single [50:07] week. They're going to know them [50:09] themselves. They could probably rattle [50:10] them off the top of their head, [50:11] addresses, problems, issues. Do we start [50:13] to use that? Do we start to go with [50:14] different routes to get more aggressive [50:16] in how we're doing this? [50:17] What are we going to be writing? Are we [50:19] going to have that issue where people [50:20] are coming in here more often? Are you [50:22] yourself going to be challenged a little [50:23] more because we're getting more [50:25] aggressive? All those things are things [50:27] we want to kind of understand and [50:28] consider before this gets worse. [50:30] Uh before you know it, we're going into [50:32] the fall. [50:33] You'll be having leaves drop and you're [50:34] going to really start to see some things [50:36] that you're not seeing now because of [50:37] the foliage that covers it. [50:39] And that's also a good time to start [50:41] getting into this as well. And if it [50:42] then the spring before it gets green [50:44] again is another good time. So, [50:46] we're just kind of debating on the [50:47] timing of some of this. What can we [50:48] accomplish throughout the summer? I [50:50] think the grass issue's going to be a [50:51] large one for us all the way [50:54] this El Niño hits all the way into [50:55] November. [50:57] Um [50:58] but your other issues are still hidden [51:00] there at times. We want to make sure [51:01] that we're able to address them when [51:02] they come up. So, it's a very [51:04] long-winded way to say, "What do you [51:06] want to do? [51:08] How hard do you want us to go after some [51:09] of this so that we start to nip it [51:10] before it gets to be a bigger problem?" [51:14] Or do you have a priority [51:16] that you want us to attack it? Maybe [51:17] that's the better question. [51:20] >> Well, I think safety, of course, is the [51:22] » Well, I think safety, of course, is the [51:22] top priority with buildings that are um [51:25] well, of course, abandoned, but are [51:27] being neglected and structurally are not [51:30] sound. Well, whether you've got kids [51:32] roaming the neighborhood who are going [51:33] to get into a building they shouldn't or [51:34] a garage. Um so, I think that's my top [51:38] priority. Although, if your lawn becomes [51:41] a hay field, that also can be, you know, [51:43] spread weeds and and other issues. I [51:45] think um [51:48] you know, I was I was just gone for a [51:49] few days and if my neighbors would not [51:51] have mowed my lawn, I probably would [51:52] have met your um mowing rule, right? And [51:56] so, I think I think it's important that [51:58] whenever we get a complaint that do just [52:00] what you're doing, right? Is to try to [52:02] investigate what are the circumstances. [52:04] Um you know, I I had an email from a [52:06] constituent who was upset that their [52:08] neighbor didn't take their garbage cans [52:10] in [52:11] for like 2 days and I didn't even know [52:13] there was a rule about that. But, I [52:15] think so part of it is helping our [52:17] neighbors out if they're out of town, [52:19] could you haul their garbage cans in, [52:20] right? If there's an issue, if someone's [52:22] sick, cannot mow their lawn, etc. [52:25] Helping each other out, right? But, I [52:27] also think that you know, but there was [52:30] a house, still is a house, I haven't [52:32] walked by there lately, although I drove [52:34] by it on the way to the meeting, that we [52:36] had to call Junk King on multiple times, [52:38] right? So, I think there are the people [52:39] who have something come up who typically [52:42] tend their property, something's come [52:44] up, they cannot do it, or it changes [52:46] hands or something. Then, there are the [52:47] people who just chronically struggle [52:50] with it. And I think it then becomes a [52:53] safety issue. It also becomes a [52:55] neighborhood issue. People were [52:56] threatening to move out of that [52:58] neighborhood [52:59] >> Yep. [52:59] » Yep. [52:59] >> because of the smell and the the garbage [53:02] » because of the smell and the the garbage [53:02] piled around, etc. So, I think it it [53:05] becomes a blight on the neighborhood. I [53:07] think that it's it's important to be [53:10] able to drive through our community and [53:12] feel like [53:13] properties are tended, right? That [53:15] people care about this, neighborhoods [53:17] care about it. And so, I'm I'm fine with [53:20] this process. I mean, I think there's [53:21] multiple steps to [53:24] to talk to the homeowner. Um [53:28] you know, you have the gentle approach [53:29] and then you have the the more Wait, we [53:32] see this a lot. I people Yeah, it [53:34] surprises me people don't know that [53:36] people are going to avoid this. When [53:38] when we have patients who ghost us for [53:40] months and I'm trying to figure out if [53:43] they're coming back, are they [53:45] terminating care? We send a certified [53:47] letter, they don't come, they don't pick [53:48] it up, right? Then you're just hanging. [53:50] And so, people try to avoid [53:52] confrontation. [53:54] Um and the city doesn't want to be [53:56] dealing with this if we don't have to, [53:58] right? But I do think it's important and [53:59] it it goes from just, I think, lowering [54:03] morale um of a neighborhood and and [54:06] causing tension between neighbors to a [54:08] true safety issue. So, I think it's a [54:10] nice process. I think this is very [54:12] helpful handout. Right? Thank you to to [54:15] sort of [54:17] tell us um the definitions and our [54:20] options. [54:21] Um [54:22] But it's concerning that you're getting [54:24] more calls about unsafe buildings. [54:26] >> Yeah, and then to go on top of not just [54:28] » Yeah, and then to go on top of not just [54:28] unsafe buildings, but stuff stored [54:30] outside, too. That's another kind of [54:32] common one that we've been seeing. [54:34] Um [54:36] They might be using some of it, but [54:38] we had a talk to previously um with [54:42] Maria about [54:43] we don't have anything against storing [54:45] stuff outside. [54:47] Some of these places are [54:49] right [54:50] at what point does that become junk [54:52] versus usable stuff that they are using [54:55] outside? [54:56] >> Yeah. [54:56] » Yeah. [54:56] >> Um one person calls it in as junk and [54:58] » Um one person calls it in as junk and [54:58] then gets upset if I don't do anything, [55:00] but then the homeowner is using it. So, [55:02] those kind of [55:05] if we [55:06] >> Yeah. [55:06] » Yeah. [55:06] >> have any thoughts on that kind of stuff. [55:08] » have any thoughts on that kind of stuff. [55:08] >> I mean, I think there's a reason you see [55:09] » I mean, I think there's a reason you see [55:09] more and more storage units to come up [55:11] and they're so full and they keep [55:12] building them and they're full and they [55:13] keep building them and they're full. [55:14] >> They got all that stuff. [55:15] » They got all that stuff. [55:15] >> People have stuff. [55:16] » People have stuff. [55:16] >> Yeah. [55:16] » Yeah. [55:16] >> And if you don't have a place to put it, [55:18] » And if you don't have a place to put it, [55:18] if you don't have a garage to put it, if [55:19] you don't have [55:20] we see it with single car garages, [55:23] triple car garages, we see it with [55:24] basements, we see it with slabs. Some [55:26] people just have a lot of stuff. [55:27] >> Yeah. [55:28] » Yeah. [55:28] >> And it's out and for some reason it [55:30] » And it's out and for some reason it [55:30] can't go in and I don't know what the [55:33] situation is, but we see it in new [55:35] neighborhoods, we see it in older [55:36] neighborhoods. There is no rhyme or [55:37] reason, it's just the individual has a [55:40] lot of stuff and I don't think it's [55:42] going to get any less stuff. And I think [55:45] that's the hard part is as we accumulate [55:46] more, it's more and more difficult to [55:48] see some of these properties [55:51] just get more and more overloaded with [55:53] things coming in, pallets of things and [55:56] uh that's the other side that we're [55:57] seeing is is there's just more stuff. [56:01] Uh you know, I see riding mowers for [56:03] yards would fit this size. I mean, it's [56:06] maybe a push mower would have been [56:07] better, I don't know. [56:08] But you can't fit that in your garage [56:10] and so it sits outside, neighbor gets [56:12] mad, weeds collect around it, which is [56:13] ironic cuz it is a mower. [56:15] But yet, you don't use it and then we [56:17] start getting calls and what are you [56:18] supposed to do and it becomes junk and [56:19] it becomes Yeah. [56:21] And then we're stuck in the middle of [56:22] it, too, just because somebody didn't [56:24] maybe make the best choice at some point [56:25] in time or decide they can't [56:27] take care of a property anymore and [56:29] we're still here trying to get it just [56:30] not working. And as you said earlier, [56:33] and you know, you're not even people [56:34] help as much as they might have or could [56:36] or should or [56:37] at some point, what do you do? And we [56:39] don't want to be the bad guy to put [56:40] people out, but [56:42] at some point in time it is not fair to [56:43] the others around them and so then you [56:44] have to balance that out, too. So, [56:47] that's kind of why I wanted to bring you [56:48] to come here and give her a meeting to [56:49] be able to really [56:50] educate you on this cuz I think this is [56:52] going to become more and more of an [56:53] issue uh than we've seen in the past. [56:55] Each year, I think it's going to get [56:56] worse if we don't start to tackle some [56:58] of these properties. [56:59] >> So, I have a question. I feel like I [57:01] » So, I have a question. I feel like I [57:01] should know the answer, but I don't. So, [57:02] some of the newer neighborhoods that [57:03] have neighborhood covenants, [57:05] who [57:06] is in charge Does that give neighbors [57:08] something to stand on or is that [57:09] something city? Cuz it's not necessarily [57:11] HOA, but the neighborhoods with [57:12] covenants that say you can't have stuff [57:14] in your yard or parked in your driveway. [57:17] Is that something city enforces? Is that [57:19] How does that even work? Or is that just [57:20] a piece of paper that's like, well, we [57:22] hope you follow this, but [57:24] >> That's kind of on the neighborhood as a [57:25] » That's kind of on the neighborhood as a [57:25] whole to enforce. We as a city, we get [57:29] the covenants when the subdivisions [57:31] first created. Um and we'll review them [57:34] they go in with all of our items, but [57:36] over the years those change and we don't [57:38] have to approve changes. We don't get [57:40] copies of those that are changed. [57:43] Some of them are only good for 21 years [57:45] and then they completely go away. Others [57:47] are continue auto renew, so they go on [57:51] forever. [57:52] But no, that kind of more falls on that [57:54] neighborhood. [57:55] >> It's as strong as the neighborhood wants [57:56] » It's as strong as the neighborhood wants [57:56] it to be. [57:56] >> Yeah. [57:57] » Yeah. [57:57] >> A lot of times they're not willing to [57:58] » A lot of times they're not willing to [57:58] take down themselves and we don't enjoy [58:00] it either. You'll just have things that [58:02] just lax and just kind of go. Even if it [58:04] isn't allowed by the covenants. So, it's [58:06] as strong as the neighborhood wants it [58:07] to be. They don't want to confront their [58:08] neighbor even if it isn't allowed. [58:10] They'd rather call and tattle to the [58:11] city about it. [58:13] That's what most of our calls are. It's [58:15] the actual neighbor. [58:16] >> Yeah. [58:16] » Yeah. [58:16] >> And we've asked, "Did you talk to your [58:17] » And we've asked, "Did you talk to your [58:17] neighbor?" No, no, I can't talk to them. [58:20] Well, you call the police on them, but [58:21] yet you won't talk to your neighbor? [58:23] Okay, that's good to know. So, [58:26] happens a lot actually. [58:27] >> Oh, yeah. [58:29] » Oh, yeah. [58:29] Yeah, I mean I could give you an hour [58:30] talk on hoarding. [58:31] Right? And people stack things. [58:33] >> still. I mean [58:34] » still. I mean [58:34] >> And it's it's a really common problem. [58:36] » And it's it's a really common problem. [58:36] The first time I ran for city council, I [58:39] walked the whole town and [58:42] it was really impressive how much stuff [58:44] people had. [58:45] >> Yeah. [58:46] » Yeah. [58:46] >> Just stuff that obviously had not been [58:47] » Just stuff that obviously had not been [58:47] touched in years. And it's a it's a huge [58:51] it's a it's a very disruptive mental [58:54] health problem [58:56] um to families. Just breaks up families [58:58] a lot, source of a lot of tension in [59:00] families. And so you might Everybody who [59:02] lives in the house with all the stuff [59:04] might not want all the stuff there. [59:06] Right? That's the other thing to [59:07] remember is that that um it's very [59:10] complicated. So, I give you guys a lot [59:12] of credit for [59:14] approaching these households and trying [59:17] to figure out a solution because it is [59:19] really complicated and can be [59:22] a lot of anger can be directed at you [59:25] guys, I'm sure. And so I feel for you, [59:27] but [59:28] um but I think at some point [59:31] um and I've certainly had patients I'm [59:34] not going to even say where they live [59:35] cuz I serve a gigantic geographic [59:37] territory, but I've had patients that [59:38] have run into this um especially on [59:40] rural properties. You know, so um that's [59:44] at some point the county the city [59:46] somebody comes in and just just clears [59:49] it because it becomes too dangerous. [59:52] Yeah, especially old rusty metal [59:55] equipment in the 2-ft long grass and you [59:58] can pretty easily especially in the [1:00:00] summer tell if stuff is being used [1:00:03] because it's surrounded like you said by [1:00:05] really long grass that is not moved for [1:00:07] a while. [1:00:08] >> Be amazed at how many barbecue grills [1:00:10] » Be amazed at how many barbecue grills [1:00:10] that are still being used and the grass [1:00:11] is 3-ft tall around them. [1:00:12] >> But on the other hand you know people [1:00:14] » But on the other hand you know people [1:00:14] people are very attached to their stuff [1:00:15] and it's their property and so it's [1:00:17] really complicated. So I don't have a [1:00:19] great answer. I just I'm rambling on, [1:00:21] but I think this is a nice process and [1:00:23] it gives people the right to appeal. [1:00:25] They can come here. They can certainly [1:00:28] go to court, right? And make their case. [1:00:31] So it feels like it's a very fair [1:00:33] multi-step process. [1:00:35] Um [1:00:36] and we can certainly give the case [1:00:38] individual attention as a council if [1:00:41] if it warrants that if people want that. [1:00:46] » And so to appeal that they have to do it [1:00:49] within that time frame too. I think a [1:00:52] lot of them just let it go and don't [1:00:55] appeal. So I don't think we've ever had [1:00:57] one that [1:00:58] has appealed so then it's [1:01:00] >> Well, it's it's if you're having trouble [1:01:03] » Well, it's it's if you're having trouble [1:01:03] mowing your yard, right? If you're [1:01:05] having difficulty clearing your stuff, [1:01:08] um you're going to have trouble meeting [1:01:09] a deadline. Of coming to a council [1:01:11] meeting and appealing. It's it's not [1:01:13] like it's [1:01:14] it's not like it's a problem [1:01:16] you know, in one area of life [1:01:18] typically. [1:01:20] But [1:01:24] » Yeah, the [1:01:24] >> thoughts, comments? [1:01:27] » How challenging it would be to have more [1:01:30] eyes out on things. [1:01:33] >> I'd want to sit down with staff and see [1:01:34] » I'd want to sit down with staff and see [1:01:34] who we could allocate and kind of see [1:01:36] what that looks like. I think we can do [1:01:38] it. [1:01:38] It's just to get how far do we go, what [1:01:40] can we accomplish? We'd have to probably [1:01:42] talk about that a little more. What does [1:01:43] it look like, how often, [1:01:45] things like that. Like I said, I'm sure [1:01:47] we have staff that are out there enough [1:01:48] that they can literally list stuff off [1:01:50] the top of their head, 15 properties [1:01:51] right now. Point to a map, they would [1:01:53] just know. And then there's some brand [1:01:55] [clears throat] new ones that just come [1:01:56] out of nowhere. So, it's just kind of a [1:01:58] mixture, but you may have a better [1:01:59] answer, Paige. [1:01:59] >> Yeah, and I mean, additional eyes will [1:02:01] » Yeah, and I mean, additional eyes will [1:02:01] help great with those easy ones, like we [1:02:03] said, your grass. Those are really easy [1:02:05] to abate either ourselves or contracted [1:02:08] out to get it done. [1:02:09] Um so, additional eyes for those, that's [1:02:11] not a problem. And [1:02:13] more towards those junker those [1:02:15] buildings, then that's going to increase [1:02:16] cost if we have to take that on. So, I [1:02:19] think that's a big question moving [1:02:20] forward with these others is [1:02:24] what is the funding look like? What's [1:02:27] do you only do one potential [1:02:30] junkyard or dangerous building a year? [1:02:33] So, due to the financial aspect of it. [1:02:36] >> Do you know what that cost offhand, [1:02:37] » Do you know what that cost offhand, [1:02:37] Paige? A few that we've had done with [1:02:39] junk kings that have come in. I mean, I [1:02:41] know it varies by size, but do you have [1:02:42] a ballpark? [1:02:44] >> I want to say [1:02:46] » I want to say [1:02:46] one of them with junk kings, do you [1:02:47] recall from any of it? Was like Was it [1:02:49] like 1,500 or 1,600? [1:02:51] Um and that was where he was just able [1:02:54] to bring a tractor in, load it all up, [1:02:56] and that they weren't having to sort [1:02:57] through anything to determine what's [1:02:59] junk and what's not junk. [1:03:01] Um so, that was a pretty [1:03:02] straightforward, come in, get it out. [1:03:04] >> I think it's also important to to look [1:03:07] » I think it's also important to to look [1:03:07] at whether it's the the homeowner is [1:03:09] living in the property or renting it. [1:03:11] >> Oh, absolutely. [1:03:11] » Oh, absolutely. [1:03:12] >> Because, you know, and I don't know, we [1:03:14] » Because, you know, and I don't know, we [1:03:14] talk about this with our social worker a [1:03:16] lot at the hospital is who who can a [1:03:18] tenant go to? [1:03:20] Right? If they are living in a property [1:03:21] that is run down, is not being repaired [1:03:25] then I don't [1:03:26] I don't we never know what to tell them [1:03:28] because I don't know that we have a [1:03:29] tenant's rights [1:03:31] ordinance. Do we in Waverly? [1:03:32] >> rental property rights now. So we have [1:03:35] » rental property rights now. So we have [1:03:35] minimum standards that they all have to [1:03:36] meet. [1:03:37] So yeah, if there is concerns with it [1:03:39] then I'll go in and inspect that [1:03:41] property. [1:03:41] >> Okay, so you would be the go-to person. [1:03:42] » Okay, so you would be the go-to person. [1:03:42] Okay. [1:03:46] » Sometimes the tenants are in fear of [1:03:48] them being evicted. [1:03:50] We don't have a clause against that [1:03:52] actually, but [1:03:53] >> So I think I mean if law enforcement's [1:03:54] » So I think I mean if law enforcement's [1:03:54] going all over town, public works, you [1:03:56] know, the sanitation guys are all over [1:03:57] town. I think if they feel comfortable [1:04:01] identifying certain properties to to [1:04:03] assist Paige. I don't know that they're [1:04:05] obviously the people who are going to do [1:04:06] the notification, [1:04:08] but they're they're seeing the whole [1:04:10] town and you're I mean you can comment [1:04:13] on you probably have your top 10 list, [1:04:15] right? And [1:04:16] yeah, so um [1:04:19] But [1:04:20] >> probably see more than what what's [1:04:22] » probably see more than what what's [1:04:22] we've got calls and complaints on that [1:04:24] might not be as extreme as some others. [1:04:27] >> Yeah. [1:04:33] » Okay. [1:04:34] >> Do you have any other help Paige or is [1:04:35] » Do you have any other help Paige or is [1:04:35] >> questions or [1:04:37] » questions or [1:04:37] anything for Maria Paige or any staff? [1:04:39] >> any other comments that we should [1:04:41] » any other comments that we should [1:04:41] approach next? [1:04:43] >> We're not the only one. Actually, the [1:04:45] » We're not the only one. Actually, the [1:04:45] only one I want you to know every city [1:04:47] is fighting this all the time. It's not [1:04:49] just us. [1:05:02] » All right, that brings us to reports [1:05:05] from boards and commissions. Council [1:05:06] you've received the reports from boards [1:05:08] and commissions. Is there any [1:05:09] discussion? [1:05:12] Okay, that brings us to staff updates. [1:05:15] >> One quick one with the seal coat project [1:05:17] » One quick one with the seal coat project [1:05:17] being finalized tonight. Um, we'll see [1:05:20] what how the adhesion is with the rock, [1:05:22] but we'll be out with the sweepers here [1:05:23] either just before the Labor Day weekend [1:05:25] or just after. [1:05:27] Um, [1:05:28] kind of just we want to make sure it's [1:05:29] stuck down good with the heat and the [1:05:31] good warm temperatures. [1:05:34] That's all we have tonight, Bill. [1:05:38] » Okay, city council comments, [1:05:41] councilperson Rafferty. [1:05:44] >> So, you had asked me to comment on how [1:05:46] » So, you had asked me to comment on how [1:05:46] citizens can find out what we're all [1:05:48] discussing up here. [1:05:49] >> I did. So, I've been asked a couple [1:05:51] » I did. So, I've been asked a couple [1:05:51] different times, um, people who either [1:05:53] watch the meetings or just have [1:05:55] questions, how do we know what to talk [1:05:56] about and how do we know how to vote? [1:05:58] And Anne was just going to go over that [1:06:00] a little bit because she's been on [1:06:02] council for quite a while. [1:06:03] >> Yeah. [1:06:04] » Yeah. [1:06:04] So, um, and I was telling Kristen, I [1:06:06] think every people who've watched city [1:06:08] council a long time, every mayor does [1:06:09] things differently, right? Um, and so, [1:06:13] some of us ask more questions than [1:06:14] others. I tend to ask a lot of [1:06:16] questions, but so, we Carla puts out the [1:06:18] agenda for the meeting the week before [1:06:20] the meeting, typically by Wednesday, [1:06:23] give or take. [clears throat] [1:06:24] And if people just go to the city [1:06:26] website, they will find on there how to [1:06:28] contact all of us, they'll find out the [1:06:30] agenda, they'll find out videos from [1:06:32] previous meetings. And when you go into [1:06:35] the agenda section, you can look at the [1:06:36] calendar, you can look at all the [1:06:38] commissions agendas, you can look at our [1:06:40] agenda, and then you'll find something [1:06:43] that talks about the agenda packet. And [1:06:45] then there's also just the agenda. The [1:06:47] packet has all of the background [1:06:49] documents that we see before the [1:06:51] meeting. Now, occasionally, on rare [1:06:53] occasions, we'll have something that [1:06:54] pops up in the packet at the meeting or [1:06:57] just before the meeting, but most of the [1:06:58] documents are there a few days in [1:07:00] advance. And so, that tells us Usually, [1:07:03] there's a memo prepared by staff, uh [1:07:05] especially if it's a budgetary item. [1:07:08] And there's background maps, there's [1:07:10] background survey results, there might [1:07:12] be pictures, we love pictures of [1:07:14] equipment, um and and all the background [1:07:18] info we need. And so when I read that, [1:07:20] oftentimes I have questions. So I'm [1:07:22] going to reach out to department heads. [1:07:24] If it's something big, I tend to CC [1:07:26] James on my email just so he's aware of [1:07:29] of what I'm snooping around about. [1:07:31] Sometimes I'll just text Garrett or [1:07:34] whatever, it's a simple question. And so [1:07:35] I my first go-to is usually a city staff [1:07:38] because they can answer my questions 99% [1:07:41] of the time. And so if I have a a [1:07:43] citizen who has a question for me, I'm [1:07:46] you often asking them, "Have you called [1:07:47] city staff? Have you asked them?" [1:07:49] Oftentimes they have not, maybe they did [1:07:51] and they're confused, and so then I will [1:07:53] try to loop people in to my email to [1:07:55] staff. Um and so we I try to get most of [1:07:59] my questions answered before the [1:08:01] meeting, [1:08:02] um rather than springing them on a staff [1:08:04] person um who might not be ready for a [1:08:06] certain aspect of the project I have a [1:08:08] question about. And so but but all of [1:08:10] the info we see [1:08:12] um is available to the public. We're [1:08:14] required to have open meetings. Um [1:08:16] the other thing I think the public [1:08:17] should know is that we can't all discuss [1:08:20] a topic from the agenda together as a [1:08:23] group. That's that is in violation of [1:08:25] the open meetings law. We can send out [1:08:28] an informational email to someone. So [1:08:31] let's say if it's um some recognition [1:08:34] for somebody, hey, just information [1:08:35] only, we're doing a recognition for [1:08:37] Diana Blake at the meeting. But you [1:08:39] can't discuss the library's budget, [1:08:42] can't discuss um a certain resolution on [1:08:44] the agenda [1:08:46] um if you have a certain number of [1:08:48] quorum of city council. So if I want to [1:08:52] talk to people about a certain agenda [1:08:54] item, then I have to limit my discussion [1:08:56] to only two other council. [1:08:58] Um or else it becomes a meeting and [1:09:00] people um have to be notified of that. [1:09:03] And so we don't have a lot of back room [1:09:05] discussions [1:09:07] after City Council because it's illegal. [1:09:09] And so [1:09:10] so we're everything that that [1:09:14] we [1:09:15] deliberate about is public info and is [1:09:18] easily accessible. [1:09:20] We've also had questions now with [1:09:23] I know I reached out to Gary a couple [1:09:24] weeks ago with Waverly Utilities getting [1:09:26] rid of cable. How do people watch now? [1:09:29] And Gary, maybe you could comment on [1:09:32] what you told me about YouTube access [1:09:34] and cuz I have had some questions about [1:09:37] that from people. [1:09:37] >> Sure. Yep, it's there's [clears throat] [1:09:39] » Sure. Yep, it's there's [clears throat] [1:09:39] a city [1:09:41] YouTube channel. [1:09:43] And so you just go to city of Waverly, [1:09:45] Iowa [1:09:46] on YouTube and it'll pull that up and so [1:09:49] you can watch those live or you or [1:09:51] they're archived and you can watch, you [1:09:53] know, historically whatever you want to [1:09:56] watch. [1:09:59] Yeah, not much more to it than that. [1:10:02] There is a link from [1:10:04] the city's website page. So if you go to [1:10:07] look at [1:10:09] the agendas or, you know, just to our [1:10:11] meetings page, you can [1:10:13] it links right to the YouTube page for [1:10:16] you as well. [1:10:17] >> So [1:10:18] » So [1:10:18] yeah, a couple different ways to get [1:10:19] there. [1:10:19] >> Good, thanks. So does that help, Mayor? [1:10:21] » Good, thanks. So does that help, Mayor? [1:10:22] >> Yes, it does. I I think the big question [1:10:23] » Yes, it does. I I think the big question [1:10:23] is always like, well, how come you guys [1:10:25] don't talk about it? And the main [1:10:26] takeaway is that we see this a week in [1:10:28] advance and we have a chance to ask [1:10:30] questions and do a little digging [1:10:32] beforehand. So we're not just popping up [1:10:34] here and everybody says yes cuz we have [1:10:36] whatever, don't care, don't know what's [1:10:38] going on. But so we do see this a week [1:10:40] in advance. Roughly, maybe not quite a [1:10:43] week, but and then we do get to ask [1:10:45] questions ahead of time. So we come in [1:10:46] prepared. [1:10:47] So thank you for covering that. [1:10:49] >> Sure. [1:10:50] » Sure. [1:10:50] >> Councilperson Kingis. [1:10:52] » Councilperson Kingis. [1:10:52] >> I would add to that that some of the [1:10:53] » I would add to that that some of the [1:10:53] discussion, a lot of the items are [1:10:55] budgeted things that have discussed [1:10:57] during budget session beginning of the [1:11:00] year and so they've come up three, four, [1:11:04] or five times by the time we're actually [1:11:06] voting on them. We're not going back to [1:11:09] go, "Oh, yeah, this what are we doing [1:11:10] that week?" We've talked about this is [1:11:12] something we want to do, this is what [1:11:14] the budget's going to be roughly for, it [1:11:15] comes in, we see whether it's coming in [1:11:17] over budget, under budget. Those were [1:11:19] our questions usually come in what [1:11:21] >> Right into the change orders. [1:11:22] » Right into the change orders. [1:11:22] >> Yep. The change orders in the budget, [1:11:24] » Yep. The change orders in the budget, [1:11:24] but a lot of those things it's just [1:11:26] simply, "Okay, this has been budgeted, [1:11:28] came in under budget, here's the [1:11:30] awarding the contract." [1:11:31] So, there's not a lot for us to [1:11:35] dig in on at that point because we've [1:11:37] already kind of gone through that. So, [1:11:39] >> So, [1:11:39] » So, [1:11:39] >> Thank you. [1:11:40] » Thank you. [1:11:40] >> My only uh my my commentary is we are [1:11:43] » My only uh my my commentary is we are [1:11:43] now end of August and teachers and [1:11:46] students are getting ready to go back [1:11:47] into school. [1:11:49] Uh so, think of the teachers as they're [1:11:51] doing workshops this week and [1:11:54] uh [1:11:55] be aware of students getting ready to go [1:11:57] back to school next week. Um [1:12:00] a lot of excitement for kids when they [1:12:02] first start going back into schools, so [1:12:04] they may not always be aware of their [1:12:06] surroundings on streets and stuff, not [1:12:10] with that. Pay attention there. Buses, [1:12:13] do not pass a stopped bus with their [1:12:16] lights on, flashing and stop arm out, [1:12:20] even if it you're going the opposite [1:12:22] direction. [1:12:23] You may not pass a stopped bus. [1:12:27] And with that, since I deal with middle [1:12:29] schoolers, I just would like to note [1:12:30] that this year is the 26-7 [1:12:34] school year. [1:12:35] >> Oh, boy. [1:12:37] » Oh, boy. [1:12:38] >> 6-7 [1:12:38] » 6-7 [1:12:38] >> Oh, yeah. Oh, yeah. [1:12:40] » Oh, yeah. Oh, yeah. [1:12:40] >> Could have went all night without that. [1:12:42] » Could have went all night without that. [1:12:42] >> [laughter] [1:12:43] » [laughter] [1:12:43] >> I appreciate that. [1:12:46] » Uh Council Person Harmon. [1:12:48] >> Um I'd like to say it's not cool to say [1:12:50] » Um I'd like to say it's not cool to say [1:12:50] 6-7 in middle school anymore. [1:12:52] >> Oh, no. [1:12:53] » Oh, no. [1:12:53] >> [laughter] [1:12:54] » [laughter] [1:12:54] >> Stop it at Christmas. [1:12:56] » Stop it at Christmas. [1:12:56] I'll wait till Larry is in high school. [1:12:59] She needs to [1:13:01] I know and now they're like it's not [1:13:02] cool anymore. [1:13:06] Councilperson Myers. [1:13:08] >> Uh yes, I just want to acknowledge as [1:13:10] » Uh yes, I just want to acknowledge as [1:13:10] may have been noticed that my seat on [1:13:12] the dais has been empty for the past few [1:13:14] meetings [1:13:15] because I've been out of town helping a [1:13:17] friend who's been very ill. [1:13:18] I'm hoping to be back in Waverly very [1:13:20] soon, but in the meantime I'm very [1:13:23] grateful that I've been able to take [1:13:24] part in all the meetings by phone and I [1:13:27] encourage the public to still reach out [1:13:29] to me any with any questions or concerns [1:13:31] they might have about city issues. [1:13:34] >> Thank you. Councilperson Mackey. [1:13:37] » Thank you. Councilperson Mackey. [1:13:37] >> Yeah, [1:13:38] » Yeah, [1:13:38] in reference to Councilperson Kangas' [1:13:42] comments last week about [1:13:45] nearly hitting the the young person on [1:13:47] the [1:13:48] scooter wasn't it or e-bike a bike like [1:13:50] this. My wife and I were [1:13:52] riding our bikes this morning and we [1:13:54] both took a right. My wife went first. I [1:13:56] was getting ready and just as I started [1:13:59] leaning into a turn a shall we say [1:14:01] octogenarian [1:14:02] came screaming by me passing on your [1:14:05] right. [1:14:06] So, it seems that we have many people to [1:14:09] educate not just [1:14:10] not just our young and I'm just glad I [1:14:13] screamed or anything like that or she [1:14:14] didn't scream at me. [1:14:16] And I will be at my Ward 3 brewery this [1:14:19] this evening after the meeting today [1:14:21] when we wish to visit. [1:14:23] >> Thank you. Councilperson Wolf. [1:14:24] » Thank you. Councilperson Wolf. [1:14:24] >> I saw that it was uh [1:14:26] » I saw that it was uh [1:14:26] hunger action month and so I called [1:14:29] Claire at Community Action to get some [1:14:31] local stats to make it real because a [1:14:33] lot of times it feels like oh, that [1:14:35] doesn't happen in my neighborhood. [1:14:37] Um [1:14:38] Claire said that pantry has been very [1:14:39] busy [1:14:40] in July 185 unduplicated households with [1:14:45] 526 individuals and they distributed [1:14:48] over $10,000 or 10,000 lb of food. [1:14:52] Compared to 2021, so 5 years ago, they [1:14:55] served 232 unduplicated households and [1:14:58] 541 individuals for the year. [1:15:03] So, there's been a significant increase, [1:15:05] and then [1:15:06] um Bart and I uh volunteered the last [1:15:08] summer meals, and [1:15:10] uh [1:15:12] the beauty of that is is I get to [1:15:15] United Way and and Community Action get [1:15:18] to hear the stories of people [1:15:19] struggling, but we also get to see the [1:15:22] people coming out and volunteering and [1:15:24] working together to really meet the [1:15:26] needs. Um and they served uh 16,212 [1:15:30] meals this year. The largest day they [1:15:33] served 192 kids, and last year they [1:15:36] served uh 8,896 [1:15:39] meals with the largest day of 122 kids. [1:15:42] So, there's [snorts] an increase. [1:15:46] » Thank you, Janet. [1:15:47] >> And our guest councilperson, [1:15:49] » And our guest councilperson, [1:15:49] we had a little bit longer meeting for [1:15:50] you tonight. What'd you think? Any [1:15:52] questions or comments? [1:15:53] >> No, it's not really a good opportunity [1:15:54] » No, it's not really a good opportunity [1:15:54] to kind of you see it from [1:15:57] a [1:15:57] different angle. [1:15:59] >> Yeah. [1:15:59] » Yeah. [1:15:59] >> And how we're doing, so. [1:16:00] » And how we're doing, so. [1:16:00] And thank you all for having me. [1:16:02] >> [clears throat] [1:16:02] » [clears throat] [1:16:02] >> For sure. Um I was kind of going to [1:16:05] » For sure. Um I was kind of going to [1:16:05] piggyback off the back-to-school thing. [1:16:06] Although you said kids are excited to go [1:16:07] back to school, I have three high [1:16:08] schoolers. [1:16:09] >> Yeah, high school. [1:16:10] » Yeah, high school. [1:16:10] >> Not a single one. I have one graduating [1:16:12] » Not a single one. I have one graduating [1:16:12] early, and I will tell the story [1:16:13] [clears throat] until the day I die [1:16:15] because it is so funny. He's graduating [1:16:17] early. [1:16:18] Um since his third day of kindergarten, [1:16:20] I had to drag him into school, and he [1:16:22] was screaming, "You're ruining my life." [1:16:23] So, he was 5 years old, 3 days into [1:16:25] kindergarten. And it has been a struggle [1:16:27] for 13 years, but we are We have 90 days [1:16:29] of school left. Um but yes, please pay [1:16:32] attention to those kids who are walking, [1:16:33] biking, parents [1:16:35] driving in carpools and stop buses. [1:16:37] Please, just pay attention as everyone's [1:16:38] getting into a new routine. [1:16:40] The [1:16:42] food pantry can do a lot with money, a [1:16:43] lot more with money than donations, so [1:16:45] look at um [1:16:46] donating money to the food pantry. [1:16:48] United Way's little food pantry is [1:16:50] always out or always in need of [1:16:52] donations, so look at those. And with [1:16:55] that, uh there's a lot of great things [1:16:57] going on in our community, and if you [1:16:58] cannot find the good things that are [1:17:00] going on in our community, find a way to [1:17:01] be the good thing that is going on in [1:17:03] our community. With that, Council, do I [1:17:05] have a motion to adjourn? [1:17:08] >> Move to adjourn. [1:17:09] » Move to adjourn. [1:17:09] >> Is there a second? [1:17:10] » Is there a second? [1:17:10] >> Second. [1:17:11] » Second. [1:17:11] >> Is it a voice vote? All in favor, say I. [1:17:13] » Is it a voice vote? All in favor, say I. [1:17:13] >> I. [1:17:14] » I. [1:17:14] >> I. [1:17:14] » I. [1:17:14] >> We are adjourned.