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HomeMy WebLinkAbout09.30.2002 (2)• • COUNCIL WORK SESSION September 30, 2002 4:30 p.m. Council Chambers Members present: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Moved by Jordan, seconded by Welper that the Agenda, as proposed, be approved. Ayes: Seven. Motion carried. Council Members reviewed two versions of parking on the front yard ordinance. An ordinance has been proposed by the Building Official/Maintenance Administrator and another version has been proposed by Planning and Zoning Commission staff. Don Temeyer, City Planner, reported that the Planning, Programming and Zoning Commission reviewed the proposed ordinance and has asked that the ordinance not be included in the Zoning Ordinance but be placed in the Code of Ordinances. If the ordinance is placed in the Code of Ordinances, appeals would be through the Council rather than the Board of Adjustment. The Planning Commission felt this is a code enforcement issue. Mr. Temeyer reported that the normal driveway is 24 foot wide and typically has two rows for vehicles. The issue of width of driveways would also need to be reviewed. Councilperson Hurley noted that typically code enforcement violations are on a complaint basis. Police Chief Tom Jennings reminded the council that the ordinance currently allows trailers to be parked on the street for 48 hours. Councilperson Getty stated that the proposed ordinance would allow recreational vehicles to park in the driveway overnight as long as they were moving it in the morning. Councilperson Welper stated that a number of vehicles are parked in the front yards in Ward 5 and there is no reason for this. Denny Staebel, 16 Silver Lake Road, reported that his neighbor has seven vehicles parked inside and outside the garage. The neighbor has motorcycles, 14 wheelers, boats, trailers, snowmobiles, etc. Mr. Staebel stated he has contacted the city several times, but no action has been taken. Councilperson Getty stated the Mr. Staebel has brought this problem to his attention several times, but our current ordinance does not answer Mr. Staebel's concerns. The current ordinance allows vehicles as long as they are licensed and operable. Mr. Staebel stated that several of the vehicles are licensed to owners in other cities. Mr. Staebel reported that the neighbor does not pay for garbage services and there is food scattered in the woods. Councilperson Hurley stated that the ordinance is not just for appearance, but for the safety and welfare of the citizens and employees. Mr. Staebel stated that the neighbor has a swimming pool with maybe one foot of water and the pool is left unattended. Mr. Staebel asked why enforcement of the ordinance would be under Enforcement Officers and not the Fire and Police Departments. Councilperson Getty stated he will get answers for Mr. Staebel and get back to him. Councilperson Hurley favored the ordinance proposed by the Assistant City Attorney as it does not appear to have loop holes, while the other proposed ordinance would grandfather in current property owners. Councilperson Jordan suggested that the. ordinance be placed on the council agenda and adopted as part of the Code of Ordinance. Council Work Session September 30, 2002 Page 2 Moved by Jordan, seconded by Clark that the proposed ordinance be placed on next week's council agenda. Prior to a vote on the above motion, the following comments were heard. Councilperson Berry stated she feels changes need to be made, but she is concerned with people who live in converted apartments and those citizens who live in older neighborhoods. Mr. Temeyer stated that most apartments have parking on the street but some citizens might have to park farther away from their buildings. Councilperson Clark stated that he would like the council to review the International Maintenance Code as he feels this would be a way to handle dilapidated homes. A work session will be scheduled in a few weeks to review the International Maintenance Code. Councilperson Hurley stated if we adopt the ordinance we need to be able to enforce it. Chief Jennings asked how to address driveways already 24 feet wide with three stall garages, what is the definition of a front yard, and on a corner lot which is the front yard. Councilperson Hurley suggested using the definition of a front yard from the International Maintenance Code. Councilperson Clark stated he is concerned that if we adopt an ordinance prohibiting parking on the front yard we would be only the second city in the state with this type of ordinance, with Urbandale the other city. Councilperson Getty stated that a committee will be formed to review the items discussed today and to refine the ordinance. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. With no further business before the council, it was moved by Jordan, seconded by Clark that the meeting be adjourned at 5:05 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk • •