08-27-08 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL AUGUST 27, 2008 comments are specific to definitions related to day care, group facilities, and family. The City Attorney discussed Fair Housing Act issues related to the definition of family and day care regulations as outlined in his August 26, 2008 report. Given statutorily protected uses related to the "family" issue, it was the recommendation of the City Attorney that the definition of "family" be eliminated and that occupancy rates be governed by the Fire Code. The Council had an extensive discussion related to this issue. It was noted by the City Administrator that most complaints with rental properties with high occupancy rates relate to parking issues. The City Attorney suggested that these issues could be addressed under the nuisance ordinance or parking ordinances. The Attorney indicated that ordinances that hold up in court are those that can be applied evenly, and again indicated that defining "family" is likely to run afoul of the Fair Housing Act. McGraw asked if the Fire Code applied difference occupancy standards depending on the type of house, i.e., single-family, townhome, condominiums. The City Attorney was not sure and thought that occupancy rates were based on a number of issues including square footage, number of bedrooms, etc. The City Administrator suggested that the City's parking regulations be reviewed to ensure that property owners are required to accommodate the parking of all vehicles for people living in a dwelling off-street. He again noted that parking generates the bulk of the complaints for properties with high occupancy rates. Stricter parking regulations and the Fire Code should accomplish what the City is trying to do. McGraw asked about parking regulations for large multi-tenant buildings. Blesener suggested that posting surrounding streets as no-parking would help address parking issues. The City Administrator noted that the Code requires a minimum number of parking sports per unit. Problems arise, however, when parking is taken up by boats, RV's, junk vehicles, etc. McGraw asked if the City Code could limit the number of vehicles allowed per unit. The City Attorney thought that could be done. He indicated that problems occur when cities write local ordinances that deal with people's access to housing. The City Attorney recommended that if complaints deal with numbers of vehicles, traffic, and parking, then the City could write codes to address those issues rather than codes that deal with the occupancy of housing. McGraw felt that codes dealing with