HomeMy WebLinkAboutMinutes-02/28/2005February 28, 2005
The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council
Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, February 28, 2005. Mayor Timothy J.
Hurley in the Chair. Roll Call: Kincaid, Cole, Greenwood, Clark, Schmitt, Gunderson,
Welper.
Moment of Silence.
Pledge of Allegiance: Nancy Eckert, City Clerk.
121203 - Welper/Cole
that the Agenda, as proposed, for the Regular Session on
Monday, February 28,
2005, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried.
121204 - Welper/Cole
that the Minutes, as proposed, for the Regular Session on Monday, February 21,
2005, at 5:30 p.m., be accepted and approved. Ayes: Seven.
Mayor Hurley read a Proclamation declaring March 28, 2005
Youth Reads Donuthead Week.
Motion carried.
as Cedar Valley's
MidAmerican Energy presented a check in the amount of $20,000.00 for 2005 Trees
Please Program.
CONSENT AGENDA
121205 - Welper/Kincaid
that the following items on the consent agenda be received, placed on file and
approved:
a. Resolutions to approve the following:
1. Resolution approving Schedule AP640, pp. 1-67, dated February 28, 2005,
in the amount of $1,087,151.51, a copy of which is on file in the City
Clerk's office, together with recommendation of approval of the Finance
Committee.
Resolution adopted and upon approval by Mayor assigned No. 2005-163.
2. Communication from City Clerk transmitting request of Bruce Stiles to
burn approximately 3 to 5 acres of prairie grass located 1/8th mile west
of Highway 63, 1/4th mile north of Big Rock Road and 1/4th mile south of
the city limits from Mar6h 19 - April 23, 2005, together with
recommendation of approval of the Fire Chief, Leisure Services Director,
and Superintendent of Waste Management Services.
Resolution adopted and upon approval by Mayor assigned No. 2005-164.
b. Motion to approve the following:
1. Communication from Mayor Hurley transmitting recommendation of
reappointment of Debra Gosse, John Hawse and Craig Schwerdtfeger to the
Americans With Disabilities Compliance Commission, with term expiration
date of February 1, 2008.
2. Brad Hagen, Airport Director, to attend Human Resources Management for
Supervisors Class in Iowa City, Iowa on February 22 - April 12, 2005,
with costs not to exceed $1,275.00.
c. Beer/Liquor License Permit Application
Class C
Catherine Doyle's Pub, 504 Sycamore Street
(Includes Sunday Sales)
New World Lounge, 120 Sumner Street (Renewal)
Sunday Sales)
Babes Tap, 210 Division Street (Renewal) (Expires
Sales)
d.
(Renewal) (Expires 3/7/06)
(Expires 3/2/06) (Includes
3/15/06) (Includes Sunday
Bonds.
Ayes: Seven. Motion carried.
February 28, 2005
Page 2
UNFINISHED BUSINESS
121206 - Gunderson/Schmitt
that communication from City Engineer transmitting recommendation of award of
contract
Iowa in
Contract
award of
in the amount of $982,
conjunction with F.Y.
No. 684, be received,
contract", be adopted.
Resolution adopted and
121207 - Gunderson/Schmitt
000.00 to Van Hauen & Associates, Inc. of Clive,
2005 Garden Avenue Area Relief Sanitary Sewer,
placed on file and "Resolution approving said
Ayes: Seven.
upon approval by Mayor assigned No. 2005-165.
that communication from City Engineer transmitting recommendation of award of
contract in the amount of $53,507.63 to Peterson Contractors, Inc. of Reinbeck,
Iowa in conjunction with F.Y. 2005 Prospect Blvd. Alley and Rush Street Storm
Sewer Improvements, Contract No. 694, be received, placed on file and
"Resolution approving said award of contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-166.
121208 - Gunderson/Schmitt
that communication from Building Official/Maintenance Administrator transmitting
recommendation of award of contract in the amount of $28,886.00 to Dimensions of
Waterloo, Iowa in conjunction with Men's Locker Room Remodel/Lockers, be
received, placed on file and "Resolution approving said award of contract", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-167.
REPORTS
121209 - Welper/Cole
that communication from Associate Engineer transmitting revisions to Standard
Driveway and Sidewalk Specifications, be received, placed on file and
"Resolution approving said revisions", be adopted.
Prior to a vote on the above motion, the following comments were heard.
Dennis Gentz, Assistant City Engineer, reported the former specifications
allowed colored concrete on detectable warning surfaces, and we had quite a
variety of colors. With the new specifications, they must be precast detectable
warning surfaces and the color must be Soloman tone dark red. The language
concerning sidewalks at railroad crossing was updated. In addition, the
revision tightens up the details for barricading the construction area during
sidewalk work.
Following comments a vote was taken on the above motion with the following
result. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-168.
121210 - Welper/Cole
that communication from City Clerk transmitting request for authorization to
publish 2004 salaries for city employees and officials, as required by law, be
received, placed on file and approved. Ayes: Seven. Motion carried.
DOCUMENTS
121211 - Schmitt/Gunderson
that communication from Assistant City Engineer transmitting Contracts, Bonds
and Certificates of Insurance in the amount of $53,507.62 with Peterson
Contractors, Inc. of Reinbeck, Iowa in conjunction with F.Y. 2005 Prospect Blvd.
Alley and Rush Street Storm Sewer Improvements, Contract No. 694, be received,
placed on file and "Resolution approving said documents", be adopted and Mayor
and City Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-169.
February 28, 2005
• •
Documents - continued
121212 - Schmitt/Gunderson
Page 3
that communication from Superintendent of Waste Management Services transmitting
Professional Services Agreement at a cost of $105,000.00 with Earth Tech of
Waterloo, Iowa in conjunction with F.Y. 2006 Belt Press Addition at Waterloo
Wastewater Treatment Facility, Contract No. 697, be received, placed on file and
"Resolution approving said agreement", be adopted and Mayor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-170.
121213 - Schmitt/Gunderson
that communication from Director of Cultural & Arts Commission transmitting an
application with the Institute of Museum and Library Services for funding in the
amount of $133,920.00, with city required match of $716,080.00, to be used for
the Youth Pavilion's Experiential Gallery at the Waterloo Center For The Arts,
be received, placed on file and "Resolution approving said application", be
adopted and Mayor authorized to execute. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-171.
ORDINANCES TO BE ADOPTED
121214 - Kincaid/Cole
that "an Ordinance adopting the 2003 edition of the International Property
Maintenance Code", be received, placed on file, considered and passed for the
second time.
Prior to a vote on the above motion, the following comments were heard.
Louis Cutwright, Building Official/Maintenance Administrator, explained that the
Code is going to address those areas of the city and those houses that are owner
occupied that as of now there is no ordinance on board or on the books of the
city to address how these houses appear to the public as one is driving around.
Mr. Cutwright showed pictures of a few properties around the city, many of them
are owner occupied, that the Code will help to address. Mr. Cutwright stated
the Code is not going to be a panaceas so that you drive around next week and
everything is taken care of as it is going to take a lot of time working with
the homeowners to get the properties to a condition that others will appreciate.
Mr. Cutwright stated one of the other items of the Code that has drawn a lot of
fire is the parking application of the Code, parking in the front yards. Mr.
Cutwright stated he took the opportunity this weekend to drive down Foulk Road
where there are some concern with parking of campers, and also drove down
Hammond and East Ridgeway and found very few violations that exist. Mr.
Cutwright stated that parking is allowed in the front yard when it is on a hard
surface, either concrete, asphalt or gravel, if the driveway is leading into
your garage or its leading into a point where you park. Mr. Cutwright stated
that cars parked in the front yard on a turn around area are allowed according
to the Code with the understanding that no more than 333 percent of your front
yard can be covered with gravel, concrete or asphalt. Mr. Cutwright noted there
has been discussion relative to the recreational vehicles and some of them are
in the front yard. Mr. Cutwright stated that while driving down Foulk Road he
found two vehicles parked in the front yard, but interestingly all these
recreational vehicles were parked on hard surfaces and were parked behind the
platted or the property line set back as required by the Zoning Ordinance of 20
feet. These recreational vehicles were in the front yard but were parked in the
proper location, not ahead of the property but on the side. Mr. Cutwright
commented that these are items the Property Maintenance Ordinance will address
and will seek to clean up the city and make it a better place to live.
Forest Dillavou, 1725 Huntington Road, stated that Ed Hedges has asked that he
read a prepared statement for him, but first Mr. Hedges has a question. Mr.
Hedges wanted to know if he parks his vehicle on his property for 48 hours and
does not move it will he receive a citation. Mr. Cutwright responded the 48
hour rule is only in reference to those vehicles that are parked in the public
street. If you park it in your driveway on a hard surface, gravel, concrete or
asphalt, no you will not get a ticket in the front yard.
Mr. Dillavou read Mr. Hedges' prepared statement as follows: If council passes
this Ordinance for the second time, please do not suspend the rules and pass for
the third time tonight. The citizens of Waterloo need to know how this
Ordinance will affect them, especially the elderly, handicapped and the poor.
February 28, 2005
Ordinances to be Adopted - continued
Page 4
Senators Grassley and Harkin are being contacted because of the burden being
placed on the seniors to remain in homes, and American with Disabilities Act
citizens. How does it effect seniors, handicapped, ADA citizens with
disabilities. Many times vehicles are not moved for days or even weeks. And
many times citizens become hospitalized for weeks or months. The fines up to
$750.00 would wipe citizens out of heat, food or both. Many of the citizens
live in older homes with dirt driveways. Citizens would not be allowed to park
on our own property, their company could not visit and park in our yard. This
is just the tip of the iceberg. Our rights are being taken away. Mr. Dillavou
stated that he knows Mr. Hedges, and that Mr. Hedges served in the military and
defended our country, and he was with the Blackhawk County Sheriff's department
for some period of time.
Craig Fanton, 1170 Bourland Avenue, stated he is pretty much in favor of this
Ordinance but to give the people who oppose it some meat to bite on. There are
a few points of interest that he thinks need clarifying. When the national code
was made available and people were worrying about it, at one point in the
meetings, it was said that to get this to pass it would require an additional
$100,000.00 a year, two more Code Enforcement Officers and possibly a person in
the secretarial position. Last week it was brought up that now its going to
cost $5,000,000.00 over the next five years, more people than the two Code
Enforcement people, and he thinks that point needs to be clarified. Mr. Fanton
asked what is the cost going to be to the people of Waterloo. Mr. Fanton stated
that Mr. Welper and Mr. Clark stated that they were very much in favor of this
Ordinance but then they gave all the reasons why this Ordinance will not pass.
They, in his opinion and others he has talked to, kind of tipped their hand and
possibly did away with any incentive for anybody to either voluntarily or on
their own volition comply with such an Ordinance. Mr. Fanton stated one more
point is in the two articles that appeared last week in Sunday's paper and again
in yesterday's Sunday's paper, he thinks there was a poor choice of words, and
that word was force. Now people are getting the wrong idea, their eyebrows are
raising because they think that they are going to be forced to do this, and he
thinks that was a poor choice of words. Mr. Fanton stated it is just like any
other Ordinance, citizens have a choice. Its just like you have a choice to
park or not park in a handicapped zone; you have a choice to stop or go at a red
light or stop sign; you have a choice to shovel your snow off your sidewalk in
the winter. The only thing that this Ordinance may force a person to do is
think about the consequences of their actions. Mr. Fanton stated this Ordinance
isn't going to make people bring their house up to super high standards, make a
castle so to speak. Its just going to make the dwelling livable so it doesn't
fall down around your head. Minimal roof, minimal paint, minimal siding. Some
of those pictures shown tonight are atrocious, and he doesn't' see how people
can even live in those houses. Mr. Fanton stated there was a term in the first
article two Sunday's ago where it said the parking on the front yard part is
controversial. That may be but the word controversial shouldn't even come into
play. There isn't a controversy with parking on your front yard. You as an
owner or you as a person who rents the property, before you bought that property
or rented it, you knew the parking situation that either there was enough
parking or there wasn't. Mr. Fanton stated it has been six years since the ball
started rolling on this whole thing, and its long overdue. Mr. Fanton stated
the council has got momentum now, keep it going, its time to dance to a new
song.
Neal Seemann, 2850 Independence Avenue, stated he is one of the people the city
is concerned about, that they wish to make him comply with the Ordinance. Mr.
Seemann stated he knows we pay lip service like everyone did a few minutes ago
to the Pledge of Allegiance. And it says justice for all, yet all it is lip
service. The council speaks it, but they don't mean it. Mr. Seemann stated he
spent a year in Viet Nam fighting for the freedom of everybody here, and the
state flag says as a motto - don't tread on me - that is Iowa's motto. Mr.
Seemann stated he gets rather angry when he thinks of this Ordinance as the
council wishes to take away the freedoms he fought for and everybody else's
freedom. Mr. Seemann stated his house is his house, and if he wishes to have a
hole in the roof and he wants to get wet and catch cold and die, he guesses he
can because nobody else is in that house. Mr. Seemann stated he doesn't wish to
keep his house that way but if he wished to it is his right. Mr. Seemann stated
he pays taxes and takes the money out of his pocket to repair stuff, not the
council, not the Ordinance, and not the City. Mr. Seemann stated there are
numerous things he could point out about different people, city officials and
everything else, that don't even comply with this Ordinance and haven't for a
number of years. Mr. Seemann asked why doesn't the council and mayor take the
initiative to invite people to come and listen. And he means listen, and not
just pay lip service to their concerns, before the council passes this
Ordinance. Mr. Seemann stated democracy is the majority rules, and we were all
• •
February 28, 2005
• •
Ordinances to be Adopted - continued
Page 5
taught that in simple economics, and yet when the council gets one or two people
calling them you at twelve o'clock at night disturbing their sleep and stuff
they jump and pass an Ordinance. Mr. Seemann stated all these houses and
pictures that were shown tonight, the city already has an Ordinance to cover
them if they are enforced, and the city does not need new Ordinances. Mr.
Seemann stated when the mayor and council took their oath of office, it said
that they would support the Constitution of the United States, the Constitution
of the State of Iowa, the laws of the State of Iowa, and they were sworn to
uphold these. Mr. Seemann stated some of what is in the Ordinance has already
been ruled in District Court in Black Hawk County as un -constitutional and the
council is trying to cram it down the citizens' throat. Mr. Seemann stated the
council is not upholding the laws and are violating the laws.
Mary Potter, 207 Leland, stated she lives in a n a neighborhood that at one time
was one of the very nicest neighborhoods in Waterloo. Because there were not
Ordinances followed and because landlords came in and moved some of the
properties around and didn't take very good care of them, her house has
diminished in value, their neighborhood has diminished in value, and
neighborhoods around them have diminished in value. Ms. Potter stated she
believes she has rights, too, and she doesn't have a problem if all the people
who don't care how their houses look, don't want to paint them, don't want to
park in parking places if they'd like to move to one area of town and you could
just have that for them, and let the people who have initiative, who want to
keep their houses going and look nice let them live in another area. Ms. Potter
stated she believes this is the right Ordinance for our community at this time.
Ms. Potter stated she believes we belabor a lot of things in this community so
long that we get tired of it and then we start to ignore it. Ms. Potter stated
she knows there are going to be people upset by it and it is not an answer to
everything, but at this point in time it is her belief it is the best thing that
has been shown to them. Ms. Potter stated she thinks we need to continue
working on it, and that there are probably other things we can do that would be
good also and maybe they could take the place of this in time. But right now
this is the best thing that we have. Ms. Potter stated that Code Enforcement is
for more than going out and complaining about a hole with a leak in it, but that
it is to promote safety in neighborhoods. Ms. Potter stated she has a safety
concern when she has to deliver newsletters in her neighborhood and walks up
some stairs that could very easily land her on the ground. When the postman has
to deliver to a post office box and he has to go up steps that are in very bad
shape, that is a concern for safety. Ms. Potter stated she thinks Code
Enforcement also helps us to maintain property values, and she doesn't think
property values go anywhere if the house next to yours gets worse and worse.
And pretty soon the person who is willing to pay very little for that house
isn't going to pay much for hers, and she is going to eventually say she will
have to move too before her property value is next. Ms. Potter stated she
thinks Code Enforcement helps build pride in ownership. Last week they went out
to a place in her neighborhood, there was a young man that bought the place and
he did not know what he needed to do. Barry was very kind to him and offered to
help him and show him the things that he could do around there to bring the
building into compliance. Ms. Potter stated she doesn't think we have Police
Officers going out and trying to brawl these people, but we have people that are
really concerned about making it better for other people. In her neighborhood
they work very hard to help people that are not able to take care of things
themselves. They try to help them paint their house, fix their yard, clean
their shrubs. Ms. Potter stated she thinks if neighborhoods would get involved
as neighborhoods should instead of just bitching about everything maybe we would
have a town that did something good for people. Ms. Potter stated she knows
this will only become a supplement to the Code that we already have in place,
but it will give our Code Enforcers a little more teeth in some of the areas
that they have not been able to work. Ms. Potter stated we talk about the fact
there is not enough man power, but if everything we do depended upon having a
perfect situation nothing would ever be done. Ms. Potter stated if we have two
Code Enforcers now, we don't need to add more to the staff. If they take care
of only 10 percent of the problems that come forward so be it, and if only maybe
two places get handled, that's better than having none. Ms. Potter stated she
thinks there are going to be a lot of complaints, some people will come in and
they are going to tattle on their neighbor. Ms. Potter stated if that is the
way your neighborhood works than get your neighborhood working to get these
problems solved. Make them see that this is a neighborhood that works together
for neighbors not just for one person. There are a lot of neglectful home
owners, there are a lot of out of state landlords, there are a lot of properties
that are really getting very bad and neighbors are getting fed up, and they are
leaving the places in disarray. We need to cleanup our neighborhoods, if we can
clean those up we can raise our tax base. Ms. Potter stated this afternoon she
had a man in her office from Minneapolis, and she told him that she was coming
February 28, 2005
Ordinances to be Adopted - continued
Page 6
to this meeting. He said several years ago, they put together an Ordinance that
said before anybody could sell their house they would need to bring it up to
code. He said there was so much anger, so much disgust, they had a terrible
time with it but the Code stood. Today, the people are for this, even the
people who are elderly who brought it up to Code found that now they get more
money when they sell it. Ms. Potter stated in the long run if we can be a
little more farsighted and not just look at what's right in front of us today,
maybe we have a go at making this community something that we can be proud of.
Michael Buehner, 1348 Hammond Avenue, stated his problem is he can't get to his
back yard unless his neighbor allows it. Right now he has a good neighbor, she
allows him to pull in his motor home and boat and put them in his back yard. If
she were to put up a fence there is no way he could do that because he has no
alley. Mr. Buehner asked what happens if your house is on the alley side. He
knows a neighbor lady on Cutler Street whose house is to the back, what is she
supposed to do. She is 85 years old, and if she didn't have an alley entrance
and didn't have a kid that would help her, there are not a lot of people in this
town who would help one another. Mr. Buehner stated we have other Codes we need
to enforce before we start writing more Codes. Mr. Buehner stated if he wants
to put his boat out front next to his driveway on the grass, that is his
responsibility, and if the grass dies, that's his responsibility, and if his
neighbor doesn't like it he can sell his home and move.
Wayne Nathem, 548 Cloverdale, stated he feels the city is trying to shove too
much in one ordinance, and that the Housing Code should be completely different
than the Parking Code. If he has a camper, whether it's a fifth wheel, a boat
or recreational vehicle and wants to park it in his driveway, he pays taxes on
his property, he should be allowed to do so and not have some dictator telling
him what he cannot do. Mr. Nathem stated one of the persons who is complaining
about all this we need to take a look at his house that sets not too far from
here. His home is in despair, so he should be the first one to set an example.
Mr. Nathem stated if he wants to take one Saturday afternoon to pull his car and
pickup in front of his house under the shade tree, to use the hose and clean his
vehicle, which could take an hour or maybe it takes him all day, he should be
able to do so. If on a hot day, he chooses to park it under the shade tree, he
should be able to do so. Mr. Nathem stated it is his property, and he pays the
taxes on it.
Leon Mosley stated he had a chance to read through the Ordinance, and he hopes
the mayor and council have read it. There is a whole bunch in there that just
makes him come off the wall. When you start talking about violations and going
to come in there and make people do things inside their homes is unlawful. They
can be charged with a misdemeanor and the whole nine yards. This whole thing is
about money, its about nothing else but money. And a lot of people don't have
the money to put into their homes and make their homes nice. Mr. Mosley stated
nobody wants to live in a dump, but they live there because of the stress and
the strains of everyday life. Mr. Mosley stated he is in the 4th Ward, and they
don't have millionaires there. They have people who are trying to get along and
live. There are some homes in the 4th Ward that should have been torn down years
ago. They are empty, been empty and didn't become empty yesterday, but have
been empty for years, and the City didn't do anything about it. The city can't
even make the out-of-town landlords do anything or it takes two or three years.
Mr. Mosley stated there are people who really want to live in a nice home and a
nice area, but if they don't have the money what can they do. Mr. Mosley stated
if the city implements this Ordinance, it will take half the homes, displace the
people because those homes are not up to Code. Mr. Mosley stated if someone
comes in his front door right now, his entryway is black because his kid did
something with his stereo in his bedroom and he knocked the circuit out. Now
he will have to pay somebody to come in there to find out what happened and get
his house rewired in the front because he is not an electrician. Mr. Mosley
stated there are a whole lot of things that are wrong, but he doesn't see why
the city needs to bring in these big guns to do what needs to be done up there.
Mr. Mosley stated we are talking about a lot of senior citizens who don't have
money. Mr. Mosley stated he sees where the city is going to start in the 4th
Ward, and he believes when they get done with the 4th Ward, Mr. Kincaid will not
have a job because nobody is going to be living there.
Richard Grimm, 714 West 3rd Street, stated he feels this is way more Ordinance
than we need at this time. Its the wrong Ordinance and the wrong time. There
are many other ways to assess some of these problems, and we already have things
on the books right now that would address some of these problems or many of
these problems if the city would just enforce them. Mr. Grimm stated the reason
the city doesn't enforce them is because the city doesn't have the money and the
enforcement people. Mr. Grimm stated a few weeks ago the city was talking about
• •
February 28, 2005
• •
Ordinances to be Adopted - continued
Page 7
the budget and policemen and firemen that the city cannot keep because they
don't have the money and the budget. And now tonight, the council is talking
about a new program, and does anybody really think they can put a new program in
place, enforce it and not need more people. Anyone who does has never been in
government because it just doesn't happen. Mr. Grimm stated one of the things
that the gentleman here talked about is when you bought your property did you
not look at the parking on your property. We sure did, but maybe at that time
you had a driveway coming up to the front of your two stall garage and now
you've got a motor home, a boat and motor. Mr. Grimm stated he sees in one part
of the Ordinance that you can't park a recreational vehicle in the driveway in
the front part of your house if its 48 inches high. Mr. Grimm stated that if
you have ever been to a boat and motor home show and walk alongside them, you
usually have to look up at most of them. People who have had their homes for
years are not going to be able to park their boat and motor in their front yard
in the driveway. Mr. Grimm stated he is against parking on the grass. Mr.
Grimm reminded the council of the banner behind them and suggested some of the
council members turn around and read the words trustworthiness, fairness,
responsibility, caring.
Theresa Mosley, 223 Oliver, stated some of the pictures shown tonight, they have
been complaining about for a long time trying to get some of these houses torn
down. Ms. Mosley stated that common sense is a lot of this. Common sense that
we have people who are on low income, we have people that can't help the
situations they are in, and yet when you come for help you don't fit into the
guidelines. If you do happen to fit the guidelines how long do you have to wait
before something is done for you. Ms. Mosley stated that Mary Potter expressed
some interesting things about neighborhoods. Ms. Mosley stated the people who
stay in these neighborhoods, some of them can't help themselves. If you have
never been in their shoes, how can you understand what the feeling is when you
don't have money to fix anything. Ms. Mosley stated that right now if you ride
by her house you are going to see she doesn't have a drive but dirt because she
has been helping her neighbor because their house is being fixed. The trucks
were there and they thought she had a driveway, which she doesn't, so now she
has ruts. Ms. Mosley stated when the time comes she will buy some rocks to put
out there so she can park, and now she finds out she won't be able to park
there. Ms. Mosley stated she has sheds in the back where she keeps her
Christmas things, and during the last heavy snow, the roof went in, so she is in
violation right now. Ms. Mosley stated the council needs to use common sense
dealing with the common people who put the council in these positions. Ms.
Mosley stated those who cannot help themselves have pride, they feel as though
they are sinking further and further. Ms. Mosley stated there have to be grants
to help those people who need help. Ms. Mosley stated her pastor is preaching
to them about winning with people. One of the things that came up was how can
you understand what someone feels if you never walked in their shoes. Ms.
Mosley asked how the mayor and council would feel if they had to make a decision
between paying rent, buying medicine, paying your IPS, just paying the basics
because we are not talking about boats, or campers, we are talking about just
basic things. Ms. Mosley stated someone has to speak for those who cannot speak
for themselves and act for those who cannot act for themselves. Ms. Mosley
stated if the people of Waterloo put the council in these positions the council
needs to be worthy of their position. Ms. Mosley stated people need help,
people have pride and all that the council has to do is listen to what they've
got to say.
Matt Boyd, 1422 Vine Street and Chair of the Neighborhood Coalition, stated he
think it is pretty obvious at this point that reaching any kind of consensus in
the audience is impossible, and in talking to neighborhood contacts this weekend
he couldn't find any consensus. Mr. Boyd stated he thinks it would behoove the
city and citizens of Waterloo if the council were to table this motion for four
weeks during which time have a public forum where the city could fully describe
the ways and means that they are going to enforce the ordinance. Mr. Boyd
stated there is a lot of confusion in the city, and he thinks this will be just
one more issue that can really tear this city apart, and we don't need that.
Charles Stocks, 421 Cherry, stated he can see this is just another whooping
stick. You know the people around here operate on the basis of their education
to the extent of their finance or resources. Mr. Stocks asked if the city is
going to secure low and no interest loans for these people to be able to fix up
their homes, and are there grants that are coming through and is the city going
to teach classes for those who are able to fix them up.
February 28, 2005
Ordinances to be Adopted - continued
Page 8
Mayor Hurley responded there are federal funds available and maybe state funds
that come through CDBG for this kind of work. Although CDBG is, as you may have
read, in danger with the President's budget.
Dave Yuska, asked what is the genesis of this, is it the result of a clamor from
the population out here or is it something from within the city bureaucracy that
brought this about. Mayor Hurley responded that council and staff might have a
different opinion than his, but there is some need expressed on the part of the
citizens in neighborhoods where there are run down homes or dilapidated or
abandon homes, or when you are in a neighborhood where the parking situation is
out of control. Mayor Hurley stated in speaking for himself that the primary
genesis is to maintain and improve property values, safety, overall image of the
city which turns back to maintaining and improving our property values, and then
an emphasis on compliance rather than enforcement. And that goes along the idea
of helping people out, explaining how they can be in compliance and offering
classes, etc. So the main thing is property values.
Mr. Yuska asked why doesn't the city do that now and why do we need this new
ordinance to force people into compliance. Why is it necessary, and why isn't
the city sending people out now, knocking on the doors and telling them the city
will give some assistance. Mayor Hurley responded the city does that and people
have a way of some times understanding the ordinances better than we do, and
they are enforced to the max. Mayor Hurley stated they are old, they are a
patchwork quilt of ordinances and ordinance changes probably over the last 40 or
50 years.
Mr. Yuska stated what he is talking about is if the ordinance people see some
place that they consider to be a problem than why don't they go out and approach
the home owner and indicate to them that there are funds available. Mayor
Hurley responded you will find evidence of that in what we call the Rath/Brown
Fields area. Mayor Hurley stated there is probably a healthy six figure of
dollars that the city has spent down there rehabbing homes, building new homes,
tearing older homes down, doing roofs, etc.
Mr. Yuska stated we are suppose to be about freedom in this country and not
forcing people. Mr. Yuska asked how many of the council members and mayor are
Republicans. Mayor Hurley responded it is a non-partisan council.
Mr. Yuska stated what this needs to be about is getting jobs into the city.
This is what the City of Waterloo needs to be about, getting jobs in here so
that people will have the wherewith all and means to do what they need to do as
far as fixing up property. Not being forced to do something that the city's
going to come down and put you under a boot.
Welper/Kincaid
that the above oral and written comments be received and placed on file. Ayes:
Seven. Motion carried.
121215 - Councilperson Welper stated there isn't anyone sitting in these Chambers tonight
who does not want to have a nice home. Wanting something and having it are two
different things. Councilperson Welper stated we have a situation where we have
been trying for years, and he has been involved in this for a number of years,
addressing our housing stock in Waterloo. Councilperson Welper stated the
reason things aren't getting done is very simple, its lack of money.
Councilperson Welper stated that Community Development Block Grant money has
been recognized as the source that is going to solve this problem of money, so
he asked Rudy Jones to explain the situation with Community Block Grant money as
we stand today.
Rudy Jones, Community Development Director, reported that currently the city is
considered an entitlement city; therefore, we receive a certain dollar figure of
federal funds every year. That total has been approximately $1.5 - 1.6 million.
Out of that we typically allocate between $700,000.00 - $800,000.00 for owner
occupied rehab. We do between 30 and 40 owner occupied units a year. We also
allocate approximately $100,000.00 to do emergency requests, which if we had
roofs, we could probably get about one to two roofs. Roofs average $10,000.00
per year. Within the past couple of years we have been fortunate to receive
designated funds for the Rath/Brown area where $100,000.00 only covers ten
roofs. We currently have over 600 people on the owner occupied rehab waiting
list. We have between 80 and 100 people waiting on our emergency roof list. We
are fast approaching, utilizing all of our funds and our emergency allocation.
Mr. Jones stated for what some of the maintenance concerns are they would be
unable to address most of those with their current funded allocations.
• •
February 28, 2005
• 1
Page 9
Ordinances to be Adopted - continued
Mayor Hurley asked Mr. Jones if he were saying the money that the city is
allocated is already spent every year, and Mr. Jones responded yes, we have a
waiting list of between 600 and 700 and that is between five and ten years old.
Mayor Hurley asked so the hundreds and possibly thousands of people who we are
talking about now who are going to have to fix up their property they really
can't come to Community Development for money because it is not going to be
there. Mr. Jones responded they are still on the waiting list.
Welper/Clark
that the ordinance adopting the 2003 edition of the International Property
Maintenance Code be tabled indefinitely so we can go out into the neighborhoods
and hold table talks so everyone understands what this is all about and maybe we
can find solutions as to how to solve these problems. Ayes: Two. Nays:
Kincaid, Cole, Greenwood, Schmitt, Gunderson. Motion failed.
121216 - Mayor Hurley asked if there were further comments or questions council has
before the vote to consider and pass for the second time.
Councilperson Gunderson stated that when we get done with this meeting, he would
like to have Mr. Cutwright put the proposed ordinance on the government channel
so people can start reading this and see what is actually in the ordinance.
Councilperson Gunderson stated he thinks there is misinformation that has been
put out, and there are people saying things tonight that are untrue.
Councilperson Gunderson stated he went out to Foulk Road today and the gentleman
he talked to today was concerned about this ordinance, but his property was in
compliance with the ordinance, his RV was parked properly, he was on the right
service and his neighbor was too.
Councilperson Schmitt stated the way the International Property Code stands
right now, there are 48 states that have passed it, and there are 14,000
municipalities and jurisdictions that have passed it or passed parts of it. The
whole purpose of the International Property Maintenance Code is a baseline, and
it is a baseline that is established for public health, safety and welfare.
Councilperson Schmitt stated he feels there is a lot of misinformation. The
talk of RV's and motor homes should not even be in the same conversation with
people who have holes in their roof and need help. There are churches, there
are ways to get that help. Councilperson Schmitt stated he thinks Mary Potter
gave an excellent presentation on what they are doing on Church Row. That needs
to happen but again we are here for the public health, safety and welfare, and
that is what this Code does.
Councilperson Kincaid stated he has attended a lot of Neighborhood Association
meetings, and there is a lot of concern about property values and run down
housing within those neighborhoods. This Code will give us a tool to start
getting these things fixed up, and people should know that we are not targeting
those who cannot afford to fix their homes. A field board will be set up to
address this. This Code would also afford an opportunity for church groups,
youth groups and civic clubs to step up and help those fellow citizens who are
unable to do the work on their homes. Councilperson Kincaid stated he would
like to see a citywide volunteer group that would work directly with our
building officials to identify the home owners who need the help.
Councilperson Cole stated most of the work that the council does here on Monday
nights is concerned with necessary processes and procedures, which in large
doses causes mind numbness on both sides of the council table, and she would
expect certainly among our views at home. But every once in a while we get a
chance to do something that forces us to look beyond the short term and think
about what is best for our city in the long run. Ms. Cole stated the
International Property Maintenance Code (IPMC) would give our code compliance
people a tool to start working on the worst properties in Waterloo. For most of
us, our home is the largest investment we will ever make, and anything we can do
to increase the value of our homes is a plus. As our neighborhoods are cleaned
up, our property values will go up and that is a good thing. The IPMC is not a
magic bullet for all the ills that plague Waterloo's aging and blighted housing
stock, but it is a start. Councilperson Cole stated as a City we have done a
lousy job of getting the positive word out about what this Code will do for our
citizens and our properties. Consequently, what we have heard from individuals
opposed to the IPMC isn't necessarily the truth. It is not a draconian measure
that will bankrupt middle income families and target the poor who cannot afford
to comply. The Code Patrol will not be policing the city looking for violators,
and the Code will not cost millions of dollars to implement. Passing the Code
will not cause Police and Firefighters to be laid off, and 95 percent of the
February 28, 2005 Page 10
Ordinances to be Adopted - continued
homeowners in Waterloo will not be effected by this Code. The IPMC, and we
should probably change that name to the Waterloo Property Maintenance Code, is
the right place to begin, and it, like any City Ordinance, is not etched in
stone. If we need to do some fine tuning along the way, we can do that. We are
here every Monday night. If we wait until every single objection is overcome,
nothing will ever get done. City Councils have been talking about this
Ordinance for six years, and it is time for us to step up, make a tough and
distinguishing decision and pass this Code. It is time to think farther ahead
then the length of our terms of office and do something for the future.
With no further comments, Mayor Hurley called for a roll call vote on the motion
to pass the second reading with the following result. Ayes: Five. Nays:
Clark, Welper. Motion carried.
121217 - Gunderson/Schmitt
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Five. Nays: Clark, Welper. Motion
failed.
NEW BUSINESS
121218 - Greenwood/Kincaid
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. in conjunction with F.Y. 2005 Sidewalk Repair Program - Zone 5, and Trail
Repairs, Contract No. 689, be received, placed on file and approved. Ayes:
Seven. Motion carried.
121219 - Greenwood/Cole
that plans, specifications, form of contract, etc. in conjunction with F.Y. 2005
Sidewalk Repair Program - Zone 5, and Trail Repairs, Contract No. 689, be
received and placed on file. Ayes: Seven. Motion carried.
121220 - Greenwood/Cole
that "Resolution preliminarily approving plans, specifications, form of
contract, etc. in conjunction with above described project", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-172.
121221 - Greenwood/Kincaid
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. as March 21, 2005 at 5:30 p.m. in the City Hall Council Chambers
and taking of bids on the above described project", be adopted and City Clerk
instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-173.
121222 - Schmitt/Gunderson
to instruct Superintendent of Central Garage to prepare bid documents, etc. in
conjunction with Purchase of Three Dump Trucks, be received, placed on file and
approved. Ayes: Seven. Motion carried.
121223 - Schmitt/Gunderson
that bid documents, etc. in conjunction with Purchase of Three Dump Trucks be
received and placed on file. Ayes: Seven. Motion carried.
121224 - Schmitt/Gunderson
that "Resolution preliminarily approving bid documents, etc. in conjunction with
above described project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-174.
• •
February 28, 2005
•
New Business - continued
121225 - Schmitt/Gunderson
Page 11
that "Resolution setting date of hearing on bid documents, etc. as March 14,
2005 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the
above described project", be adopted and City Clerk instructed to publish notice
of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned NO. 2005-175.
121226 - Gunderson/Schmitt
that communication from Superintendent of Central Garage transmitting
purchase new street sweeper at a cost of $108,275.00, be received,
file and "Resolution setting date of hearing as March 14, 2005 at 5:
the City Hall Council Chambers on purchase of new street sweeper",
and City Clerk instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 2005-176.
ORAL PRESENTATIONS
request to
placed on
30 p.m. in
be adopted
121227 - Ryan Madisen, 3303 Parkridge Road, stated he knows the council has a lot of
problems here, and he is all for the council fixing up the community. Mr.
Madisen stated college students invest time and money in Iowa. As residents of
Waterloo if we are not willing to work on factory lines and places such as
Deeres or Tysons, our investment is worth nothing. Still Waterloo is willing to
invest money on Riverside bars and casino. Mr. Madisen stated that investment
says to him that even though Waterloo doesn't have a job for them, they have a
place where we can drink away our problems and lose the money that we have.
With the jobs that these establishments would provide for the community he
wonders who, with a two-year or four-year degree, would be willing to serve
drinks or wait on tables for a living. Mr. Madisen stated Waterloo is too
wrapped up in the party life that they forget about the future of Waterloo's
youth, and that is why they are moving away and will continue to move away until
the city pays attention to their well being and needs as youth are the city's
future. Mr. Madisen stated these bars and casinos are not going to do anything
for us but cause drugs, addiction and gambling problems and more community
falling down as the East side of Waterloo is doing right now. That is when we
have problems with people coming in here complaining about City Ordinances and
building a house because of lack of money. Bringing these establishments is
going to bring more lack of money. Mr. Madisen stated we need jobs, we need
marketing positions, we need businesses such as Agon coming into the community,
which will help the community build. Mr. Madisen stated we need jobs where we
can make a living or the young people will keep moving, and he is planning to
move within the year if this doesn't change. Mr. Madisen stated after he
finishes school for the third time on his third Associate degree, he has a part
time job working at Hy -Vee. Mr. Madisen asked if the council could look at him
and tell him he won't be providing a living working 18 hours a week for his son.
No person can work 18 hours a week and provide a living for their son and their
family. Mr. Madisen stated we need to start bringing jobs into Waterloo, and by
doing so we need to ban this casino as well as this Riverside bar that we are
all fixated to bring into Waterloo.
Wanda Hedges, 1010 Lafayette Street, stated they own several properties in Ward
4. Ms. Hedges noted that Mr. Dillavou said that Ed Hedges was on the Sheriff
department, but that is not correct. Ed Hedges was on the Police department in
the late 50s and early 60s as a Police Officer, and they have always tried to be
good in the community. Ms. Hedges commented city employees drive around and
take pictures of old homes that need to be fixed up and what she would like is
for someone to take pictures of city -owned property like the Rath administration
building where the glass is falling out. It is very unsafe around there and a
lot of city property is unsafe, just go down Water Street as there is a dump
down there. It is like city dump number 6, no charge, and they have rats
running around there. Ms. Hedges stated before the council goes after a lot of
people in their yards, they should check city -owned property. There are some
that are really bad, and if the council wants pictures, she will go around and
take pictures.
Cheryl Christianson, 1702 E. Mitchell Avenue, stated we have been over this
Ordinance before and she has sat in on these meetings. Ms. Christianson stated
that the council members who voted for this tonight need to take a look at
downtown Waterloo. If the city wants something to take care of then they better
get these buildings filled and start working on what is going to be beneficial
to Waterloo instead of getting on the property owners. Ms. Christianson stated
February 28, 2005 Page 12
Oral Presentations - continued
a few people want to be IRS agents and require enforcement when it is supposed
to be voluntary. Ms. Christianson stated she feels the city needs to look at
the downtown Waterloo area first before we start adding ordinances we don't need
or are already in place that could be enforced.
Kincaid/Gunderson
that the above oral comments be received and placed on file. Ayes: Seven.
Motion carried.
ADJOURNMENT
121228 - Schmitt/Kincaid
that the Council adjourn at 7:01 p.m. Ayes: Seven. Motion carried.
Nancy E ert, CMC
City Clerk
• •