HomeMy WebLinkAbout11.12.2002F
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COUNCIL WORK SESSION
November 12, 2002
4:00 p.m.
Council Chambers
Members present: Mayor Rooff, Berry, Welper, Greenwood, Clark, Hurley, Getty.
Members absent: Jordan.
Moved by Getty, seconded by Hurley that the Agenda, as proposed, be approved. Ayes: Six.
Absent: Jordan. Motion carried.
Lou Cutwright, Building Official/Maintenance Administrator, reviewed the International
Maintenance Code. The city has been working with the housing code for the past four years to
perfect a code that would address neighborhood concerns. These concerns extend from
dilapidated houses to owners routinely using their front yard as parking. Mr. Cutwright believes
the International Property Maintenance Code published by the International Code Council is the
tool to use for property maintenance.
Chapter 1, Administration, addresses all areas of administering the code from powers and duties
of the Code Official to the appeal process for violators. This section can be amended by adding
Section 112 addressing "hardship" cases. Preliminary language has been developed for this
section showing that if any persons deems the strict enforcement of this code produces a hardship
(financially), they have the opportunity to make application to Community Development to
secure funding to abate the nuisance.
Chapter 2, Definition, gives definitions for terms as they apply to the code.
Chapter 3, General Requirements, is the heart of the code. It gets to the point of providing a
clean, safe environment for any neighborhood. Section 302.8, Motor Vehicles, would have to be
amended to address front yard parking. The proposed Front Yard Parking Ordinance could be
inserted in this section. The proposed Front Yard Ordinance could stand on its own and
incorporated into the Property Maintenance Code after adoption.
Chapters 4-7 cover specific requirements that address living conditions in any facility as it
pertains to minimum standards in housing maintenance.
If the International Maintenance Code is adopted, the city would need personnel to enforce it.
Other cities Waterloo's size have as many as eight personnel regulating and processing code
enforcement, while Waterloo has three. If the city is serious about cleaning up the city and
improving neighborhoods through code enforcement, Mr. Cutwright feels it would be necessary
to fund at least three additional officers in code enforcement, at an approximate cost of
$120,000.00.
Mr. Cutwright explained that the International Property Maintenance Code is being adopted
across the nation. We have a lot of new cultures, and it has been found they don't always go
along with what cities have been doing in the past, and neighborhoods are seeing the affects of
the new cultures. The purpose of the Code is to maintain neighborhoods and look at the value of
property.
Councilperson Getty asked what happens if Community Development has no funds for citizens
with hardship appeals. Mr. Cutwright responded that next year there will be a Youth Task Force
whereby the city can identify properties in need of repair. The Youth Task Force provides labor
and materials to fix homes. HUD currently has an emergency maintenance fund if people meet
the requirements. Mayor Rooff stated we need to find out if HUD would have other funds for
this program.
Mayor Rooff asked how many other cities in Iowa have adopted the Code, and Mr. Cutwright
responded that no cities in Iowa has adopted the Code.
Council Work Session
November 12, 2002
Page 2
Mayor Rooff ask what is the appeal process, and Mr. Cutwright responded an appeal board will
be set up by council.
Councilperson Welper stated that in 1997 a committee reviewed the same thing and the
recommendation of the committee was code enforcement. Landlords attended a meeting and
said there is no enforcement so the ordinance was rewritten and nothing has been done. Mr.
Cutwright responded we need to look at the International Property Maintenance Code.
Councilperson Getty stated he has a problem with the International Property Maintenance Code
and hiring three more code enforcement officers when we need enforcement now. Mr. Cutwright
responded in comparison to three years ago, many neighborhoods are greatly improved, but we
need more officers to follow up on compliance.
Councilperson Hurley stated he feels we tie the hand of code enforcement with the small staff.
We need to look at staffing at budget time. This ordinance is just a framework unless the city
enforces it.
Mayor Rooff stated he would like to involve Neighborhood Services and Neighborhood
Associations.
Councilperson Berry agreed that code enforcement is doing a good job, there is just not enough
staff.
Councilperson Hurley asked if the International Maintenance Code is adopted would that
threaten the self -inspection program being created for landlords. Ned DeBerg, Fire Chief,
responded no because that is a self -inspection program.
Councilperson Hurley asked what are we waiting for as we discuss and discuss and it is time to
show some leadership. If the city had three or four more code enforcement officers we could
handle the current ordinance.
Mayor Rooff stated he has concerns for the elderly who might not have the income to make the
repairs. Councilperson Clark agreed but does not feel we should penalize the rest of the
neighborhoods.
Councilperson Welper stated that when his committee was investigating this problem a lot of the
dilapidated properties were purchased through tax sales by out-of-state owners. People would
buy the property and after the timeline would trade ownership so they would have another six
months to fix the property.
Councilperson Hurley stated he would like to get the International Property Maintenance
Ordinance on the council agenda for adoption with an effective date of July 1, 2003 and get staff
in place.
Councilperson Greenwood stated if we could fund enforcement we could tweak our current
ordinance. There are a lot of issues and a lot of dilapidated homes.
Mayor Rooff asked that Councilpersons Hurley, Getty, Welper and Greenwood form a
committee to review the International Maintenance Code.
The council discussed the proposed Parking on the Front Yard Ordinance. The purpose of the
Front Yard Parking Ordinance is to regulate the location of vehicles in the front yard. It is the
desire of the city to encourage an aesthetically pleasing local environment. It is also the intent of
the city to avoid the obstruction of public streets and sidewalks, improve traffic visibility and
maintain the visual harmony and character appropriate in residential neighborhoods within the
city.
A "vehicle" is defined as any motorized implement of conveyance designed or used for the
transportation of people or materials on land, water, or air, including but not limited to,
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Council Work Session
November 12, 2002
Page 3
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motorcycles, automobiles, trucks, snowmobiles, boats, airplanes, helicopters, trailers, campers,
RVs, motor homes, wagons, or any part or accessory.
A "recreational vehicle" is defined as any vehicle whose primary purpose is
recreation/entertainment and not a primary means of transportation. These include, but are not
limited to, boats, trailers, campers, motor homes, and any vehicle not driven once every forty-
eight hours. Any vehicle not driven every forty-eight hours shall be regulated as a recreational
vehicle.
The proposed ordinance defines "driveways" as that portion of private property, paved or
unpaved that provides vehicular access to a property from the public right-of-way or between
private properties and where said driveway is specifically designated for or commonly used as an
accessway by vehicles to parking lots, parking areas, garage, storage facilities, etc. Driveways
serving residential uses may extend along the side or rear of the dwelling. A private driveway
begins at the property line and extends into or across the site.
No vehicle may be parked for any uninterrupted period of time exceeding 48 hours.
The ordinance defines the standards governing off-street parking or storage of vehicles as an
accessory use.
No more than two recreational vehicles shall be parked on any single-family residential lot
having an area of one acre or less. No recreational vehicle owned by persons not residing on the
property shall be parked on any residential property at any time except for visitors. Visitor
parking shall be limited to not more than seven days per calendar year.
Recreational vehicles may be parked in the front yard if the vehicle is parked on a driveway or on
a hard surface having a depth of 4 inches located adjacent to and parallel with the driveway if the
recreational vehicle has a height no greater than 48" and is not parked in the vision triangle
required by zoning.
Recreational vehicles may park in the required side yard if a minimum separation of ten feet,
including the side yard setback of the adjoining property, is maintained between the closest point
of the vehicle and any other like vehicle or principal building.
Mayor Rooff asked if the ordinance is flexible as Wards 2, 3 and 5 are stressed areas in terms of
parking.
Mary Potter addressed the issue of the responsibilities of the landlords. The landlord turns a
single family dwelling into an apartment and there is no parking. People in her neighborhood
drive over the curb and park in the front yard because it is so easy. The city needs to get serious
with this issue. Mr. Cutwright stated that many times landlords do this on the sly or after hours
and do not take out permits. When the city catches them we deal with the building code but do
not deal with the parking because the parking issue is not in the code. Ms. Potter stated she feels
we need to make landlords show the number of parking spaces and renters need to be told there
are only so many spots.
The owner of RV Sales stated the council is approaching this the right way but needs to be
careful because there are a lot of boats and recreational vehicles. If citizens are forced to park
these boats and vehicles in the backyards and alleys there could be more problems. Storage is at
a premium and it is hard to find storage.
Councilperson Berry stated that most people aren't deliberately trying to cause problems with the
recreational vehicles, they are just looking for a place to park them.
A citizen stated she owns a recreational vehicle and has no back yard or alley. She feels the city
will lose a lot of dollars because people will stop purchasing recreational vehicles because they
won't be able to afford the storage cost. She stated it could cost between $20 and $100 per
month for storage depending on the size of the vehicle and whether it is outside or inside
storage.
Council Work Session
November 12, 2002
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Mayor Rooff asked the same committee to review the proposed Front Yard Parking Ordinance
and make a recommendation on both proposals within two weeks.
Randy Herod stated his neighborhood does not have enough space and has all the same problems
the council is talking about. When the school closed the neighborhood lost a lot of families and
gained a lot of multi -family buildings. Now with school coming back, the neighborhood will
change back. Mr. Herod stated he feels the city needs to put visibility into the neighborhood
associations because that is what will make the ordinance work. Mr. Herod stated he does not
feel just adopting the ordinance will work, but we need to make the neighborhoods more viable.
With no further business before the council, it was moved by Getty, seconded by Berry that the
meeting be adjourned at 5:05 p.m. Ayes: Six. Absent: Jordan. Motion carried.
Nancy Eckert
City Clerk
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