08/22/06 Legislative, Ordinance and Zoning Committee Meeting
Members in attendance: Margaret Billman (Chairman), Dan Muleski. Absent: Jan Gaber.
Meeting called to order at 4:54pm.
1. Review Ordinance Violations
Billman and Muleski stated that they have received no complaints of ordinance violations.
Billman talked about the committee's pursuit of a uniform municipal court citation and complaint form to be used for ordinance violations and complaints in the village. She commented that Judge Mason found the current form used in the village a bit "antiquated". Billman called the clerk of courts and the clerk indicated she would help the village craft a form. The clerk also suggested we talk with Grand Rapids, as they recently updated their form.
Billman indicated the form needed to be a numbered form in triplicate for correct filing of law and ordinance violations.
Muleski asked if notice had been given to the owner of the mobile home park regarding violation of ordinance regarding fire lane access. Billman responded that no notice had been given. Muleski stated the the problem has been addressed, with all debris formerly cluttering the fire lanes having been moved into a trailer. The only apparent problem now is a jeep like vehicle that is parked in the fire lane.
Billman talked about how she and the committee are reactive in regards to ordinance violations. She feels that it is not the responsibility of the committee to act as a police force out enforcing the violations. They only act on ordinance violation if there is a complaint.
Billman talked about a gentleman that lives in the mobile home park that told her he was a junk dealer. Muleski had also been told by this gentleman about his junk dealing. Since junk dealers in the village must be licensed, it was decided a letter should be sent to this gentleman informing him that he must obtain a license for dealing junk or desist in selling it.
2. Parking in Road Right-of-Way
Letters regarding violation of parking ordinance have not yet been sent out by the village clerk. Muleski commented that the clerk must be pretty busy since he also asked for a few things and has yet to receive them.
Billman commented that she could get the letters, but she did not have the resident/address information to send them. The letters are to be sent to residents living on Center St. and the cross streets of Center St.
Billman also indicated that the village newsletter had reminders of the parking, dogs at large and public nuisance ordinances.
Muleski commented that Greg Ellious Motors still has had cars, although fewer after president Evenson talked to Mr. Ellious about the parking ordinance. The cars have been parked parallel which reduces the cluttering of the road right-of-way, although they still are parked in the road right-of-way. Billman commented that we cannot make exceptions to the ordinance enforcement.
Muleski also talked about the letter of the ordinance, which specifically states that cars cannot be parked in the road right-of-way between the hours of 2am and 6am.
Resident John Siegler asked if there have been complaints about the parking and Billman stated that there had, otherwise no action on the violations would have been taken. Siegler and Billman discussed the nature of the letters that have been sent out to residents about parking violations. Siegler also wanted to know who had been complaining about the ordinance violation, but Billman felt that would have to be a board decision to release the name(s) of the residents submitting ordinance complaints.
Resident Everett Anderson asked if these were village residents complaining, and Muleski replied that they were and these residents had attended the June 27th Legislative, Ordinance and Zoning meeting and had pictures of the vehicles parking in violation.
Anderson asked if it would be possible to rewrite the ordinance to make parking more lenient in summer versus winter, or to restrict parking on main traffic arteries versus the wider and less traveled side roads.
Discussion of the application and authoring of ordinances followed with Muleski expressing the difficulty involved in writing a fair and effective ordinance, and Billman expressing the inability to have an ordinance that allows for exceptions in parking on streets. Billman felt that it should either be no parking on streets in the entire village, or all parking on village streets.
Both Muleski and Billman indicated they would be willing to look at other municipalities parking ordinances.
3. Review Fence Ordinance
Billman introduced a request for variance by the Schmidts who put up a fence without knowledge of the fence ordinance.
The Zoning board suggested that the ordinance be changed to allow fences of four feet in height.
Billman discussed the liability issues with fences and their proximity to the road right-of-way. Billman also stated that the fence ordinance is part of the zoning code and the Legislative, Ordinance and Zoning committee is not privy to the zoning code.
Committee decided no action would be taken on the variance request until the committee can review Chapter 17 of the zoning code. Muleski stated he would be OK with the variance if the "vision triangle" was maintained.
Billman stated that since they were discussing variances, she felt it was important to review and increase the fee for a variance. She believes the fee is currently $25 and would like to see it raised to at least $150. Billman feels the fee should be higher in order to cover the cost of operating the zoning board of appeals.
Billman also feels the fee for rezoning a piece of property should be raised for the same reason.
Muleski stated that they were in the process of reviewing the fee structure. Billman and Muleski believe that the variance and rezoning fees are within the scope of their authority.
Decided to refer the fence ordinance since they were unable to locate the zoning book.
4. Rental Code, Rental Inspection and Housing Code
Billman wanted to know why the Planning Commission is discussing and working on Rental codes. Billman believes the Plan commission's duties are to make long term plans for village growth, construction and land use. Billman stated that the Legislative, Ordinance and Zoning committee is not necessary if the Plan Commission is going to be doing their work. Billman talked about having worked on the Rental Code for the past year and didn't want to see it on the Plan Commission agenda.
Billman questioned how you could work on a Rental code when there was no Housing code.
Muleski stated that the Plan Commission has already adopted a code similar to Rapids, during one of Muleski's previous terms as a trustee. Muleski indicated that the adopted code was never integrated into building and zoning codes.
Anderson questioned the ability of the board to approve the Bridgewater development if there was no housing code in place. Muleski replied, "that is land". Billman replied that new construction is covered in building code, not housing code. Billman further explained the housing code covers space, sanitation, safety and other issues facing existing dwellings.
Anderson then questioned how they could build if the code was not in place. Billman explained that some of it was covered in the building code, and that new buildings have code to comply with, while existing structures do not. Billman stated that they were after code for existing structures when working on the rental code.
President Evenson enters the meeting at this time.
Billman is clearly upset about the plan commission exceeding their authority and feels they are getting carried away.
A lengthy argument follows between Evenson and Billman, with Billman expressing anger over her perception of the plan commission overstepping their authority on this matter. Billman also stated many times that you couldn't work on or adopt a rental code without first establishing a housing code. Evenson states several times that prior to his and Billman's current terms as trustees, the Plan Commission was given the housing code to complete, as the housing code was the only code not completed at that time. Billman also questions why she was allowed to work on the code "like a fool" when the plan commission was working on it, and Evenson restates the prior action of the village board. Billman asks if Evenson has a housing code and how big it is. Evenson indicates the housing code is around one hundred pages. Further argument follows regarding the content of the housing code versus Rapids housing code of twelve pages. Evenson states that Rapids code does not include building inspections and Billman states that inspections are covered by building code, and cites the current existence of building, electrical, and plumbing codes, but no housing code. Evenson indicates that everything is related, but Billman feels there's no need to revamp all the existing codes (building, plumbing, electrical) to create a housing code. Billman also states that if our housing and other codes are this much bigger than Rapids's codes then they should be cut back. Further argument with Billman throwing some papers and Evenson and stating she did want to argue when Evenson stated he didn't.
No action taken on Rental or Housing Code.
5. Ordinance for Defecation Disposal
It was determined that the village didn't have the correct violation form to pass out in the event of a violation. Discussion of the Print Perfect program followed, which in some fashion helps create legal ordinance forms.
It was determined that an ordinance regarding defecation disposal, leashing of pets and noise that was adopted in December was never recorded or integrated. As a result the ordinance must be brought back to board for consideration and adoption.
Billman feels that everything should be recorded electronically in order to maintain records.
6. Adjournment
Motion and second to adjourn at 6:15pm. Motion carried.
Meeting called to order at 4:54pm.
1. Review Ordinance Violations
Billman and Muleski stated that they have received no complaints of ordinance violations.
Billman talked about the committee's pursuit of a uniform municipal court citation and complaint form to be used for ordinance violations and complaints in the village. She commented that Judge Mason found the current form used in the village a bit "antiquated". Billman called the clerk of courts and the clerk indicated she would help the village craft a form. The clerk also suggested we talk with Grand Rapids, as they recently updated their form.
Billman indicated the form needed to be a numbered form in triplicate for correct filing of law and ordinance violations.
Muleski asked if notice had been given to the owner of the mobile home park regarding violation of ordinance regarding fire lane access. Billman responded that no notice had been given. Muleski stated the the problem has been addressed, with all debris formerly cluttering the fire lanes having been moved into a trailer. The only apparent problem now is a jeep like vehicle that is parked in the fire lane.
Billman talked about how she and the committee are reactive in regards to ordinance violations. She feels that it is not the responsibility of the committee to act as a police force out enforcing the violations. They only act on ordinance violation if there is a complaint.
Billman talked about a gentleman that lives in the mobile home park that told her he was a junk dealer. Muleski had also been told by this gentleman about his junk dealing. Since junk dealers in the village must be licensed, it was decided a letter should be sent to this gentleman informing him that he must obtain a license for dealing junk or desist in selling it.
2. Parking in Road Right-of-Way
Letters regarding violation of parking ordinance have not yet been sent out by the village clerk. Muleski commented that the clerk must be pretty busy since he also asked for a few things and has yet to receive them.
Billman commented that she could get the letters, but she did not have the resident/address information to send them. The letters are to be sent to residents living on Center St. and the cross streets of Center St.
Billman also indicated that the village newsletter had reminders of the parking, dogs at large and public nuisance ordinances.
Muleski commented that Greg Ellious Motors still has had cars, although fewer after president Evenson talked to Mr. Ellious about the parking ordinance. The cars have been parked parallel which reduces the cluttering of the road right-of-way, although they still are parked in the road right-of-way. Billman commented that we cannot make exceptions to the ordinance enforcement.
Muleski also talked about the letter of the ordinance, which specifically states that cars cannot be parked in the road right-of-way between the hours of 2am and 6am.
Resident John Siegler asked if there have been complaints about the parking and Billman stated that there had, otherwise no action on the violations would have been taken. Siegler and Billman discussed the nature of the letters that have been sent out to residents about parking violations. Siegler also wanted to know who had been complaining about the ordinance violation, but Billman felt that would have to be a board decision to release the name(s) of the residents submitting ordinance complaints.
Resident Everett Anderson asked if these were village residents complaining, and Muleski replied that they were and these residents had attended the June 27th Legislative, Ordinance and Zoning meeting and had pictures of the vehicles parking in violation.
Anderson asked if it would be possible to rewrite the ordinance to make parking more lenient in summer versus winter, or to restrict parking on main traffic arteries versus the wider and less traveled side roads.
Discussion of the application and authoring of ordinances followed with Muleski expressing the difficulty involved in writing a fair and effective ordinance, and Billman expressing the inability to have an ordinance that allows for exceptions in parking on streets. Billman felt that it should either be no parking on streets in the entire village, or all parking on village streets.
Both Muleski and Billman indicated they would be willing to look at other municipalities parking ordinances.
3. Review Fence Ordinance
Billman introduced a request for variance by the Schmidts who put up a fence without knowledge of the fence ordinance.
The Zoning board suggested that the ordinance be changed to allow fences of four feet in height.
Billman discussed the liability issues with fences and their proximity to the road right-of-way. Billman also stated that the fence ordinance is part of the zoning code and the Legislative, Ordinance and Zoning committee is not privy to the zoning code.
Committee decided no action would be taken on the variance request until the committee can review Chapter 17 of the zoning code. Muleski stated he would be OK with the variance if the "vision triangle" was maintained.
Billman stated that since they were discussing variances, she felt it was important to review and increase the fee for a variance. She believes the fee is currently $25 and would like to see it raised to at least $150. Billman feels the fee should be higher in order to cover the cost of operating the zoning board of appeals.
Billman also feels the fee for rezoning a piece of property should be raised for the same reason.
Muleski stated that they were in the process of reviewing the fee structure. Billman and Muleski believe that the variance and rezoning fees are within the scope of their authority.
Decided to refer the fence ordinance since they were unable to locate the zoning book.
4. Rental Code, Rental Inspection and Housing Code
Billman wanted to know why the Planning Commission is discussing and working on Rental codes. Billman believes the Plan commission's duties are to make long term plans for village growth, construction and land use. Billman stated that the Legislative, Ordinance and Zoning committee is not necessary if the Plan Commission is going to be doing their work. Billman talked about having worked on the Rental Code for the past year and didn't want to see it on the Plan Commission agenda.
Billman questioned how you could work on a Rental code when there was no Housing code.
Muleski stated that the Plan Commission has already adopted a code similar to Rapids, during one of Muleski's previous terms as a trustee. Muleski indicated that the adopted code was never integrated into building and zoning codes.
Anderson questioned the ability of the board to approve the Bridgewater development if there was no housing code in place. Muleski replied, "that is land". Billman replied that new construction is covered in building code, not housing code. Billman further explained the housing code covers space, sanitation, safety and other issues facing existing dwellings.
Anderson then questioned how they could build if the code was not in place. Billman explained that some of it was covered in the building code, and that new buildings have code to comply with, while existing structures do not. Billman stated that they were after code for existing structures when working on the rental code.
President Evenson enters the meeting at this time.
Billman is clearly upset about the plan commission exceeding their authority and feels they are getting carried away.
A lengthy argument follows between Evenson and Billman, with Billman expressing anger over her perception of the plan commission overstepping their authority on this matter. Billman also stated many times that you couldn't work on or adopt a rental code without first establishing a housing code. Evenson states several times that prior to his and Billman's current terms as trustees, the Plan Commission was given the housing code to complete, as the housing code was the only code not completed at that time. Billman also questions why she was allowed to work on the code "like a fool" when the plan commission was working on it, and Evenson restates the prior action of the village board. Billman asks if Evenson has a housing code and how big it is. Evenson indicates the housing code is around one hundred pages. Further argument follows regarding the content of the housing code versus Rapids housing code of twelve pages. Evenson states that Rapids code does not include building inspections and Billman states that inspections are covered by building code, and cites the current existence of building, electrical, and plumbing codes, but no housing code. Evenson indicates that everything is related, but Billman feels there's no need to revamp all the existing codes (building, plumbing, electrical) to create a housing code. Billman also states that if our housing and other codes are this much bigger than Rapids's codes then they should be cut back. Further argument with Billman throwing some papers and Evenson and stating she did want to argue when Evenson stated he didn't.
No action taken on Rental or Housing Code.
5. Ordinance for Defecation Disposal
It was determined that the village didn't have the correct violation form to pass out in the event of a violation. Discussion of the Print Perfect program followed, which in some fashion helps create legal ordinance forms.
It was determined that an ordinance regarding defecation disposal, leashing of pets and noise that was adopted in December was never recorded or integrated. As a result the ordinance must be brought back to board for consideration and adoption.
Billman feels that everything should be recorded electronically in order to maintain records.
6. Adjournment
Motion and second to adjourn at 6:15pm. Motion carried.
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