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HomeMy WebLinkAboutAgendas-2007-2008 CITY OF WATERLOO , IOWA /".virilk-, ,-T..�/ WATERLOO BUILDING INSPECTIONS DEPARTMENT " 4 715 Mulberry St. • Waterloo,IA 50703 • (319)291-4319 Fax(319)291-4262 ' inE'r100 \O LOUIS CUTWRIGHT,JR. • Building Official/Maintenance Administrator Mayor TIM AGENDA HURLEY INTERNATIONAL PROPERTY MAINTENANCE CODE BOARD Wednesday, November 19, 2008 —3:30p.m. COUNCIL MOLLENHOFF CONFERENCE ROOM — 2ND FLOOR MEMBERS CITY HALL-715 MULBERRY STREET REGGIE SCHMITT Ward 1 I. Approve agenda. CAROLYN II. Approve minutes of June 4, 2008. COLE III. Appeal by Sharon Robinson, owner of 418 Lane St. Ward2 IV. General Discussion HAROLD V. Adjournment GETTY Ward 3 JOHN. KINCAID Ward 4 RON WELPER Ward 5 BOB GREENWOOD At-Large ERIC GUNDERSON At-Large ill WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Minutes 11/19/08 Members present: Mary Potter, Brad Cote, Bob Bowlsby, DeLon Gobeli Code enforcement officers present: Paul Hansen Members Absent: Absent: Carl Swaim, Karen Atwood, Sue Vaughn Approval of agenda. A motion to approve was made by Brad Cote, seconded by Bob Bowlsby. Motion carried. None of the board members present brought their minutes for the previous meeting on June 6, 2008. Approval of minutes tabled until next meeting. Discussion was held on new board members, replacement of those who have terms ending or those that have expired, and attendance requirements for board members. Board is waiting on information from Louis Cutwright regarding membership. Appeal by Sharon Robinson, 418 Lane St. for notice of violation regarding plastic fireplace mantel located in her yard. Mrs. Robinson was present at the meeting. She also brought her neighbor, Carol Stevens, who lives at 411 Lane St. as a witness. Code enforcement officer Paul Hansen explained to the board why Mrs. Robinson had received a notice of violation. Hansen has been inspecting properties in her neighborhood, and issued a notice to Mrs. Robinson for 2 recliner chairs and a fireplace mantel in her side yard. She agreed that the chairs needed to be removed, but wished to keep her fireplace mantel as a yard decoration. Hansen told her it appeared to be made from pressboard or fiberboard, and that it wasn't made from a material suitable for outdoor use. At that time, Mrs. Robinson said that she wanted to appeal her notice. She filed her appeal with the city on October 20, 2008. Mrs. Robinson stated that the chairs that were present at the time of inspection did need to be removed from the property, but that the fireplace mantel has survived several winters. Robinson stated that she is handicapped and on a fixed income and that the board should take both of these into account when making their decision. She purchased the fireplace mantel second-hand with the intention of it being an outdoor display. Mrs. Robinson also stated that, she was told by others not to appeal, that doing so would create more hardship on her by being targeted by code enforcement officers for retaliation. She was told that others have heard of this happening. Mary Potter stated that the board's decisions and recommendations are based on the Property Maintenance Code and any impact that their decision may have on neighboring properties. She also told Robinson that decisions are not influenced by race, gender, religion, physical capability or financial capabilities. Potter also stated that she didn't believe Code Enforcement would retaliate on a homeowner or property. Mrs. Robinson stated that she felt that financial capabilities do play a factor since she cannot go out and purchase outdoor furniture sets or displays like they have at Target or Walmart. But she does buy second-hand items that are similar to items she has seen in decorating magazines. She also said that the fireplace is made of a durable plastic material, and reiterated that it has withstood several Iowa winters. Mrs. Robinson then read her letter that was submitted to the board. Mary Potter said that durability is not always the deciding factor, that a toilet is made of a durable material but she wouldn't want to see them on display around town. The board thanked Mrs. Robinson for coming in and advised her that she would receive written notice next week. Paul Hansen thanked Mrs. Robinson and assured her there would be no retaliation. He then asked if she had applied for assistance from Community Development for her property. He explained that she may meet the qualifications for assistance, and should check with them. Mary Potter also suggested she contact her neighborhood association to see if they would help her with needed repairs. Mrs. Robinson and Mrs. Stevens left the meeting. All of the board members present had seen the fireplace, and stated that they could not see it at first glance. All of the members agreed that it does appear to be secured, and if it is made of plastic or resin then durability is not the issue. The issue is whether or not it fits the definition of a decorative item, and since that is subject to personal interpretation they need to look at the item in a broad definition. The board discussed how the neighbors have made mention of the decorative aspect of her display, and if it were made out of cement or stone it would not be in question. Also, that if the item in question was a bicycle, wheelbarrow, or spoke wheel placed in a garden for decorative purposes it would be allowed. Hansen brought up a concern of electricity or lighting on the fireplace. The board agreed that electricity should not be supplied to the mantel. Brad Cote made a motion to allow the fireplace mantel to remain at the property, provided it is secured and does not have any electricity connected to it. Seconded by Bob Bowlsby. The board voted unanimously to allow the mantel to remain. Mary Potter asked Hansen to have Louis Cutwright to call her regarding board members. DeLon Gobeli made a motion to adjourn. Seconded by Bob Bowlsby. Board adjourned at 4:22pm. Meeting adjourned. - -� CITY OF WATERLOO , IOWA i~ WATERLOO BUILDING INSPECTIONS DEPARTMENT 715 Mulberry St. • Waterloo,IA 50703 • (319)291-4319 Fax(319)291-4262 dret100 \O LOUIS CUTWRIGHT,JR. • Building Official/Maintenance Administrator Mayor TIM AGENDA HURLEY INTERNATIONAL PROPERTY MAINTENANCE CODE BOARD Wednesday, June 4, 2008 — 3:30p.m. COUNCIL MOLLENHOFF CONFERENCE ROOM — 2ND FLOOR MEMBERS CITY HALL-715 MULBERRY STREET REGGIE SCHMITT Ward 1 I. Approve agenda. CAROLYN II. Approve minutes of March 12, 2008. COLE III. Appeal by Doug Daily, owner of 14 Silver Lake Dr. Ward 2 IV. General Discussion HAROLD V. Adjournment GETTY Ward 3 JOHN. KINCAID Ward 4 RON WELPER Ward 5 BOB GREENWOOD At-Large ERIC GUNDERSON At-Large WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Minutes 6/4/08 Members present: Carl Swaim, Bob Bowlsby,Mary Potter,DeLon Gobeli,Brad Cote, Code Enforcement Officers Sue Vaughn, Barry Stratton Absent: Karen Atwood Appeal by Doug Daily for notice given at 14 Silver Lake Dr. Mr. Dally did not appear for his appeal. His attorney did not contact Code Enforcement on his behalf. Approval of agenda. Approval of minutes. Julie Stocks called Mary Potter wanting more time to get items out of the house. Mary gave her from the Thursday she called on to Monday of the week after,approximately 10 days. She told her they can't have any more time outside of that. Bob asked where Silver Lake Dr. is located. Barry explained that it is off of Foulk Rd,off of Cedar Terrace Dr. Notice was for an unsafe, dangerous foundation,unmaintained swimming pool,grounds in disrepair. He was required to obtain permits to have the foundation and the pool removed and both of them backfilled. Notice was given to Mr. Daily on May 16, 2008. This problem has been addressed with him in the past several times. The fire was August 27,2002. The property has been an ongoing problem since that time. Mr. Daily had underinsured the property, but wanted more money from the insurance company and the process was dragged out. He took the money he received from this house and bought another house in Audubon Heights, leaving this one to sit in this condition. Mr.Dally wanted to sell the lot for$110,000 in it's condition. But IPMC section 107.5 Transfer of Ownership prohibits him from doing so until he abates the violation. Discussion was had on the amount of time he should be given to bring the property up to code. Barry stated that he gets letters from Mr. Daily every time he's given a notice claiming that He's trying to do everything he can,that the insurance company isn't working with him, and now it's that he has it for sale. Barry said that Mr. Daily sent a letter to the city attorney stating that he had the right to appeal within 20 days, which he did because it says if parties are unable to resolve this matter I wish to appeal. Then, in a subsequent letter,he stated he had retained the services of Eric Johnson,that Eric Johnson couldn't be here today but would contact Barry in the interim. Mr. Johnson never contacted Barry regarding this matter. Discussion of how Mr. Dally was trying to select a specific date to make his appeal. How the committee isn't dictated to on when he wants to make his appeal. The meeting for the month of June was today, and he was notified of that. The letter notifying him of the June 4th,2008 meeting was mailed on May 28,2008. Letter was mailed delivery confirmation so that Sue would know the date and time the letter was placed into his mailbox. Brad read the letter received from Mr. Dally regarding the letter written him dated May 28,2008 giving him notification of the meeting. Mr. Daily was still trying to choose June 5, 2008 as the date that he wanted to appeal. Mary notice how Mr. Daily had stated"starting with this notice date of May 16th". According to Mr. Dally, his 20 days started being counted on May 16t'. Post office records show he received his letter on May 30,2008 at 4:36pm. Mary wondered if we needed legal advice on this. DeLon stated that Mr. Dally is going to come back and say that the time wasn't up until tomorrow. Mary was concerned about being able to act on this,not wanting to get the board in a bind,but not wanting to have to revisit this month after month. Barry stated that Mr. Dally would appeal this just to slow down the process. Discussion over the number of years Mr. Dally has had to do something with the property. Asst. City Attorney Dave Zellhoefer is brought in for his opinion on the matter at 3:55pm. He is shown both letters from Mr. Daily. Mr. Zellhoefer stated that Mr. Dally has already appealed. It is pointed out to Mr. Zellhoefer how Mr. Dally is trying to go to the very end of the 20 days. He reads the letter sent to Mr. Daily notifying him of the date and time of the next meeting. Mr. Zellhoefer stated that the board could give him a continuance,or could say that today was the appeal date and he didn't show up. That the board could give him a decision giving him time to abate the violation, and if he didn't he would have to take it to court. Board decided to deny a continuance, and notification will be sent to Mr. Dally of it's decision. DeLon made a motion to require Mr. Dally to abate the violations by July 7, 2008 or the city will abate the violations at his costs. Seconded by Bob. Barry notified the board that 1012 Logan Ave. has been added to the current demolition contract with Lehman. Mary was wondering about an address on Kimball having a lot of front yard paved. Also, questioned the amount of time a garbage cart can sit at the curb. Lou came to the meeting to answer some questions from Brad about new board members. Lou addressed the issue of the alternate board member's absenteeism from meetings. Lou stated there is a policy about excused and unexcused absences for boards. He is to supply the secretary with the information. Meeting adjourned. - CITY OF WATERLOO , IOWA -T�� WATERLOO BUILDING INSPECTIONS DEPARTMENT . ., 715 Mulberry St. • Waterloo, IA 50703 • (319)291-4319 Fax(319)291-4262 d l�'rl o 0 \0 LOUIS CUTWRIGHT,JR. • Building Official/Maintenance Administrator Mayor TIM AGENDA HURLEY INTERNATIONAL PROPERTY MAINTENANCE CODE BOARD Wednesday, February 16, 2008 — 3:30p.m. COUNCIL MOLLENHOFF CONFERENCE ROOM — 2ND FLOOR MEMBERS CITY HALL-715 MULBERRY STREET REGGIE SCHMITT Wards I. Approve agenda. CAROLYN II. Approve minutes of April 11, 2007. COLE III. Appeal by Larry Welcher, 816 Sunrise Blvd. Ward 2 IV. General Discussion HAROLD V. Adjournment GETTY Ward 3 JOHN. KINCAID Ward 4 RON WELPER Ward 5 BOB GREENWOOD At-Large ERIC GUNDERSON At-Large WE'RE WORKING FOR YOU! IF An Equal Opportunity/Affirmative Action Employer Minutes 1/16/08 Approval of agenda. Approval of minutes. Appeal by Larry Welcher, 816 Sunrise Blvd. Larry Welcher gave background of the relationship between the Welchers and the neighbor who called in the complaint. He also told of previous dealings with her regarding his boat. Welcher drove a 2-block radius of his house and took pictures of properties that are also in violation. He provided photos of these for the board to review. Mary Potter agreed that there are worse things in his neighborhood, but when there is a complaint that Code Enforcement has to act. Mary asked about other locations for the boat, and the ability to get the boat to the back yard. Bob Bowlsby asked how much room there is between his house and the properties on both sides. Welcher said he would have to put a 7-foot gate in his fence to get it into the back yard,and that he would have to drive over her property to get in and out.. Mary asked how often the boat gets used. Welcher explained that it doesn't get used as much as it used to due to health concerns,but that's where he's always parked it. Welcher reiterated how the relationship between him and the complaining party has deteriorated. The Welchers left,and discussion started. A unanimous decision was reached that the Welchers are currently not in compliance and the boat will have to be moved from the required front yard prior to May 1, 2008. General discussion about terms of board members and filling the vacant position. If a meeting is necessary in February, it will have to be on the first Wednesday of the month because DeLon will be out of town. The board wants Lou to be at the meeting in March. Meeting adjourned at 4:20 p.m. CITY OF WATERLOO , IOWA w-T= 4- WATERLOO BUILDING INSPECTIONS DEPARTMENT �� 715 Mulberry St. • Waterloo, IA 50703 • (319)291-4319 Fax(319)291-4262 %;00 \O LOUIS CUTWRIGHT,JR. • Building Official/Maintenance Administrator Mayor TIM AGENDA HURLEY INTERNATIONAL PROPERTY MAINTENANCE CODE BOARD Wednesday, April 11, 2007 — 3:30p.m. COUNCIL MOLLENHOFF CONFERENCE ROOM — 2ND FLOOR MEMBERS CITY HALL-715 MULBERRY STREET REGGIE SCHMITT Ward I I. Approve agenda. CAROLYN II. Approve minutes of March 14, 2007. COLE III. Decision on 922 Lynda Rd. Ward2 IV. Nominees for vacant seat on board. HAROLD V. General Discussion GETTY VI. Adjournment Ward 3 JOHN. KINCAID Ward 4 RON WELPER Ward 5 BOB GREENWOOD At-Large ERIC GUNDERSON At-Large WE'RE WORKING FOR YOU! III An Equal Opportunity/Affirmative Action Employer -= CITY OF WATERLOO , IOWA ,..,00E -4.11i.: ♦ --:7-'��r WATERLOO BUILDING INSPECTIONS DEPARTMENT ���� 715 Mulberry St. • Waterloo,IA 50703 • (319)291-4319 Fax(319)291-4262 ( 1.'rl o O \O LOUIS CUTWRIGHT,JR. • Building Official/Maintenance Administrator Mayor TIM AGENDA HURLEY INTERNATIONAL PROPERTY MAINTENANCE CODE BOARD Wednesday, March 14, 2007 — 3:30p.m. COUNCIL MOLLENHOFF CONFERENCE ROOM —2ND FLOOR MEMBERS CITY HALL-715 MULBERRY STREET ••N•••N••••NN•• REGGIE SCHMITT Ward 1 I. Approve agenda. CAROLYN II. Approve minutes of February 14, 2007. COLE III. Appeal by Mr. and Mrs. Vic Downing, 922 Lynda Rd. Ward2 IV. Nominees for vacant seat on board. HAROLD V. General Discussion GETTY VI. Adjournment Ward 3 JOHN. KINCAID Ward 4 RON WELPER Ward 5 BOB GREENWOOD At-Large ERIC GUNDERSON At-Large WE'RE WORKING FOR YOU! II An Equal Opportunity/Affirmative Action Employer 3/14/07 Present: Mary Potter, Brad Cote, Carl Swaim, Bob Bowlsby, Sue Vaughn, Lou Cutwright. Also present appellants Kathy Downing, 922 Lynda Rd., and Merlin and Bonnie Pauling, 315 Greenbrier Rd. Also in attendance was Joe Gleason, 1642 Lafayette St. Absent: Karen Atwood Approval of Agenda Amendments to agenda. The Paulings' appeal and Mr. Gleason bringing issue of Schlindwein to the board. Approval of minutes from February 14, 2007. Merlin and Bonnie Pauling. Discussion of how they have lived at the property 30+years and have had a recreational vehicle parked on their property over the years, and the expense of putting a different parking area in. Explanation by Lou of how a corner property has 2 front yards. Kathy Downing. Discussion of the measurements from the sidewalk to the tip of the boat being 24 feet. Boat is 17 feet long. Slab has been there since they moved there in 1993, and that is where they have always parked the boat. Behind the boat is a sloping yard, and a retaining wall. Discussion of the 33%of paved parking in the front yard. House is R-2 zoned, with a 20 foot required setback for the front yard. Boat has to be parked behind the required 20 foot required front yard. If they do have to move it, they will need some time to get the landscaping done to be able to move the boat back. Joe Gleason. Been addressing the situation around 1642 Lafayette St. for about 3 years. He's sure that Schlindwein is harassing him. Trailers are now pulled clear to the front of the property. Schlindwein is driving over the sidewalk,has broken the sidewalks on both sides. He feels that Schlindwein is being coddled. Stated he's been to the city council, and now here. Mrs. Downing expressed the need for more than 5 days to do something with her boat. She was assured by everyone that all of them will be given more than 5 days to complete the necessary changes. Bob asked about the lots surrounding Gleason's property. Explanation that it is zoned for industrial. Bob asked about Schlindwein's court date. Explanation of what occurred when Schlindwein didn't appeal to the board and then was issued citations. It is now in the assistant city attorney's hands. Mary drove by 922 Lynda on day of appeal. Stated there is lots of space there, she doesn't think there's any crises or big hardship for them to move the boat back. Said she thinks the landscaping that would need to be done will be very minimal. She stood in the neighbors' yards on both sides of the property, and the boat isn't offensive. Discussion about tabling the Downings appeal until the next meeting so that the location of the boat relative to the required front yard can be measured. Motion made and seconded to table the appeal. Motion carried. 315 Greenbrier Mary drove by 315 Greenbrier. Saw 6 vehicles on and/or in front of the property. Discussion of the vehicles on the street,and how the Paulings' had stated they've had cars hit on the street and that's why they pull them into the yard. Also,the Paulings are driving over the curb to get the RV into it's current location. Discussion about if an RV will fit into their back yard. Board has agreed they're not in compliance. They can issue a variance that says they're grandfathered in, or can give an amount of time to come into compliance. Motion to give them until June 1st to come into compliance. Delon stated that he believes they will need a little more time,with Bob agreeing with him. Delon suggested August 1st. Mary suggested that they have to show progress being made by June 1st,with a completion date of August 1st. New motion by Brad is that they are not in compliance,and that they must have visible progress by June 1st,with a completion date of August 1st. Bob seconded the motion. Motion carried. Bob asked if I had seen one down the street from that one. Explained that this one had a complaint called into our office. Mary stated that that is what the problem is with the other appeal,that everything is neat and tidy about it, but that they agreed at their last meeting that if something is not in compliance it needs to be addressed. Joe Gleason Mary stated that she thinks they need to follow this well. Joe has brought it to council before,that he is in a horrendous state. She stated that they need to help people with Schlindwein,that she still has a petition from the people in his mother's neighborhood. Research needs to be done on whether a setback should be being observed on the M-2 property. If so, Barry is to deliver or have a notice served to Schlindwein at his place of employment. Discussion about Karen's absence from the meetings and the need to get a letter to her indicating that her absence has raised the question of whether she really wants to be on the board,and if she wants to be on the board to start attending meetings, if not to please tender a letter of resignation. Mary will write a letter to her, and provide a copy to the secretary. Mary has still been trying to contact Mary Robinson about being on the board. The other person she has thought of is Elsie Duncan. She was trying to reach Mary Robinson first. Mary would like to see another minority on the board. Lou said that if she would provide the names and addresses to him, he will send applications to them. CITY OF WATERLOO , IOWA i�~-T� WATERLOO BUILDING INSPECTIONS DEPARTMENT g 715 Mulberry St. • Waterloo, IA 50703 • (319)291-4319 Fax(319)291-4262 °Ier100 \O LOUIS CUTWRIGHT,JR. • Building Official/Maintenance Administrator Mayor TIM AGENDA HURLEY INTERNATIONAL PROPERTY MAINTENANCE CODE BOARD Wednesday, February 14, 2007 — 3:30p.m. COUNCIL MOLLENHOFF CONFERENCE ROOM — 2Nu FLOOR MEMBERS CITY HALL-715 MULBERRY STREET REGGIE SCHMITT Ward I 1. Approve agenda. CAROLYN II. Approve minutes of January 10, 2006. COLE III. Discussion of varience to ordinance for RV parking Ward2 IV. Nominees for vacant seat on board. HAROLD V. General Discussion GETTY VI. Adjournment Ward 3 JOHN. KINCAID Ward 4 RON WELPER Ward 5 BOB GREEN WOOD At-Large ERIC GUNDERSON At-Large 11111 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer International Property Maintenance Code Board Meeting Minutes Wednesday, January 10, 2007 Present: Bob Bowlsby, Carl Swaim, DeLon Gobeli,Brad Cote, Mary Potter, Absent: Karen Atwood I. Approval of Agenda II. Approval of minutes of September 6,2006 HI. Discussion of hearings protocol Discussion of Schlindwein property and why he didn't appeal. Discussion of petition from the neighborhood where Schlindwein's mother lives. He is making a nuisance of himself in that neighborhood now. Petition will be given to Assistant City Attorney or Mayor by Barry. Bob stated it would be a good idea to record the appeals. Not just audio but also video if possible. Sue will check with PATV to see if this is possible. Brad stated the appeal itself is actually in writing. The appellant can come in and add any information they feel necessary,and answer any questions board members may have for them. The appellant will then be dismissed from the room while the case is discussed. IV. Nominees for vacant seat on board Members provided the names Elsie Duncan and Mary Robinson. V. General Discussion The Schlindwein properties located on Lafayette Street were discussed. The properties are zoned light industrial. Between the two properties is a house. Schlindwein creates a nuisance by pulling the trailers up near the house so that the occupant is unable to see out of his windows, and has at times had them over the sidewalk. Members discussed the possibility of an ordinance that would require a setback on light industrial properties that would keep anything stored on the property back from the right-of-way. Lou wants the board to consider amending the ordinance pertaining to the storage of recreational vehicles on residential property. This stems from cases where the recreational vehicles are parked on a paved addition to the driveway that is in front of the house. The properties in question don't have access to the rear of the property. There are no alleys and the distance between houses isn't sufficient to allow an RV to pass between. The RVs in question are in good condition, and where they are parked isn't creating a vision problem for traffic,but they are in violation of the IPMC due to their location in front of the house. The amendment would state that a property owner would be able to ask for a variance so they would be able to park in the front. The variance would require neighbors to sign off stating that they don't have a problem with where the RV would be parked. The variance wouldn't transfer to the next property owners. Mary and Bob both stated that they don't think anything should be changed at the present. The matter was tabled, with the board members each going to take a look at the properties that raised the issue. It will be discussed at the next meeting. Mary brought up the enforcement of the snow emergency. She stated that she has discussed the matter with the mayor. She would like to see the ordinance enforced so that the street department can do a better job of clearing the streets. VI. Adjournment Meeting adjourned at 4:05. ��� CITY OF WATERLOO , IOWA iill\p-• T-'��/ WATERLOO BUILDING INSPECTIONS DEPARTMENT g 715 Mulberry St. • Waterloo,IA 50703 • (319)291-4319 Fax(319)291-4262 %Yl o o \() LOUIS CUTWRIGHT,JR • Building Official/Maintenance Administrator Mayor TIM AGENDA HURLEY INTERNATIONAL PROPERTY MAINTENANCE CODE BOARD Tuesday, November 8, 2006 —3:30p� m. COUNCIL MOLLENHOFF CONFERENCE ROOM—2 ° FLOOR MEMBERS CITY HALL-715 MULBERRY STREET •••N.•N.NN.•.N REGGIE SCHMITT Ward 1 I. Approve agenda. CAROLYN II. Approve minutes of September 6, 2006. COLE III. Discussion of protocol for hearings. Ward 2 IV. Nominees for vacant seat on board. HAROLD V. General Discussion GETTY VI. Adjournment Ward 3 JOHN. KINCAID Ward 4 RON WELPER Ward 5 BOB GREENWOOD At-Large ERIC GUNDERSON At-Large I. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO , IOWA i �`�+Ili. i��-it WATERLOO BUILDING INSPECTIONS DEPARTMENT g 715 Mulberry St. • Waterloo, IA 50703 • (319)291-4319 Fax(319)291-4262 ` tip 0 \O LOUIS CUTWRIGHT,JR. • Building Official/Maintenance Administrator Mayor TIM AGENDA HURLEY INTERNATIONAL PROPERTY MAINTENANCE CODE BOARD Tuesday, September 5th — 3:30p.m. COUNCIL MOLLENHOFF CONFERENCE ROOM —2ND FLOOR MEMBERS CITY HALL-715 MULBERRY STREET REGGIE SCHMITT Ward 1 I. Approve agenda. CAROLYN II. Approve minutes of August 30, 2006. COLE III. Review by-laws for any additional changes. Ward 2 IV. Nominees for vacant seat on board. HAROLD V. General Discussion GETTY VI. Adjournment Ward 3 JOHN. KINCAID Ward 4 RON WELPER Ward 5 BOB GREENWOOD At-Large ERIC GUNDERSON At-Large WE'RE WORKING FOR YOU! III An Equal Opportunity/Affirmative Action Employer International Property Maintenance Code Board Meeting Minutes Wednesday, September 6, 2006 Present: Bob Bowlsby, Carl Swaim, DeLon Gobeli,Brad Cote, Mary Potter, Absent: Karen Atwood I. Approval of Agenda II. Approval of minutes of August 9,2006 III. Review and approval of final draft of by-laws IV. September 13,2006 meeting. Neither the chairman nor vice-chairman is able to attend the September 13, 2006 meeting. Therefore,meeting will be cancelled. Next meeting scheduled for October 11, 2006 with the intention of hearing any appeals at 3:34pm. V. General Discussion Board members were encouraged to submit names to fill the vacant alternate position. VI. Adjournment Meeting adjourned at 5:00. International Property Maintenance Code Board Meeting Minutes Wednesday, August 30, 2006 Present: Bob Bowlsby, Carl Swaim,DeLon Gobeli,Brad Cote,Mary Potter, Sue Vaughn, Paul Hansen, Barry Stratton, Lou Cutwright Absent: Karen Atwood I. Approval of Agenda Carl Swaim moved and Bob Bowlsby seconded to approve the agenda. Motion carried. Mary Potter suggested that the minutes of the meetings be emailed to them. Email addresses were provided to the board secretary. H. Approval of minutes of August 9,2006 III. Develop by-laws for board action Brad Cote brought in proposed by-laws for review by the board. Discussion and editing of the document followed with these changes: 2.4 Terms will run from November 1 through October 31. New appointments shall be made by Mayor and approved by Council prior to the regularly scheduled October meeting. Lou suggested a date should be included in the by-laws for the mayor to be notified of a term expiring so that an appointment can be made prior to the first meeting of the next year. The board decided that the Mayor is to be notified by August 1, with the council approving the nominee before the regular October meeting. Lou also suggested that the by-laws state that if the Mayor has not made an appointment,the currently seated member will remain on the board until a new appointment has been made. 2.5 The chair, vice-chair, secretary and alternates will be elected at the November meeting. 3.1 The schedule for each term year's meetings will be agreed upon at the regularly scheduled November meeting. 3.2 A discussion was held over whether it should be a majority of the board or a majority of those present that decide an appeal. No business will be conducted unless a quorum (4) is present. Discussion included comment from Mary that members will need to notify her prior to a meeting so that if there are not enough members present to vote on an appeal,the meeting can be rescheduled. 3.3 Agendas for each meeting will be emailed to the board members with a copy being mailed to the appellants. 3.4 Decision was made to add"or if a quorum cannot be assembled"to the first sentence of this section. 4. Lou stated that the Notices of Violation will need to change to include the date by which one would need to appeal. If the board decides an appellant is in violation and upholds the Notice,they will give the appellant a date to have the corrections completed. If they are not completed by this date, a citation will be issued. 4.1 Appeals may be reviewed any time after a Notice has been issued up to the time a citation is issued or the appellant takes legal action. There will be no hearings after a citation has been issued. 4.2 Written appeals have to be presented within 20 days of the issuance of a Notice of Violation. This is 10 days beyond the standard timeframe given. After 10 days, another notice stating that they have 10 more days to appeal will be issued. At that point in time,if there is no appeal, a citation will be issued. 5.3 Addition of section 5.3 stating that a supermajority of the board is needed to render a decision. The revised by-laws will be brought back next meeting reflecting the changes. IV. Richard Hotchkiss' resignation Lou asked that board members provide names of people that would be interested in sitting on the board. Mary said that she would like to see a minority representative of our community on the board. V. General Discussion Mary and DeLon wouldn't have been able to attend the September 13, 2006 meeting. The meeting date has been changed to Tuesday, September 5th at 3:30. VI. Adjournment Meeting adjourned at 5:00. • International Property Maintenance Code Board Meeting Minutes Wednesday, August 9, 2006 Present: Karen Atwood, Bob Bowlsby, Carl Swaim,DeLon Gobeli,Brad Cote,Mary Potter, Sue Vaughn, Paul Hansen,Barry Stratton,Lou Cutwright Absent: Richard Hotchkiss I. Approval of Agenda Mary Potter moved and DeLon Gobeli seconded to approve the agenda as mailed. Motion carried. H. Review of appeals board classes Mary was absent from these and requested any handouts she missed. Lou will provide her with them. Question by Bob Bowisby regarding the reviews being a public meeting. At the class led by Asst. City Attorney Dave Zelihoefer it was stated that the board can go into closed session and then return with an answer. Lou stated that if litigation is contemplated involving money,they can go into closed session. III. and IV. Appointment of board chair and vice-chair. Mary brought up that the alternates would need to be chosen first so that the chair and vice-chair can be chosen. Richard Hotchkiss and Karen Atwood were chosen as alternates. A unanimous decision was made to appoint Mary as chairperson and DeLon as vice- chairperson. Carl Swaim questioned the board members' liability. Lou stated that individual board members are not liable, the board as an entity is liable. Bob asked whether or not all seven members of the board are able to ask questions during a hearing. Lou stated yes, all seven members may ask questions, but the alternates are not able to vote. The alternates will only vote when they are replacing a regular member. Also,the chairperson does vote on the board. V. Meeting times. It was decided to meet on the 2"d Wednesday of each month at 3:30, however,the next meeting will be Wednesday August 30, 2006. VI. Bylaws. The members will be studying the Section 111, Means of Appeal and will come to the next meeting with proposals for the bylaws. VII. Meeting adjourned Meeting adjourned at 5:05.