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HomeMy WebLinkAbout04/18/2012 BLDG MINUTES CITY OF THE COLONY BUILDING AND STANDARDS COMMISSION Wednesday, April 18, 2012 After determining that a quorum was present, the Building and Standards Commission of the City of The Colony, Texas convened into Regular Session which was held on Wednesday, April 18, 2012 at 7:10 p.m. in the City Council Chambers located in City Hall, 6800 Main Street, The Colony, Texas, at which time the following items were addressed: Board Members Present: Constance Yahwak, Chairperson; Lloyd Martin, Vice Chairperson; Donna McCright; Gerald Odum; Charles Tredo. Board Member Absent: None. Present from Staff. J. Michael Joyce, AICP, Development Services Director; Brooks Wilson, AICP, Senior Planner; Iris Browder, Community Image Manager; Bill House, Community Image Officer; Jimmy Schnurr, City Attorney, Felicia Campa, Recording Secretary. 1.0 CALL REGULAR SESSION TO ORDER Chairperson Yahwak called the meeting to order at 7:10 p.m. Mrs. Browder gave a brief introduction to the purpose and responsibilities of the Commission. 2.0 ITEMS FOR CONSIDERATION 2.1 Election of Officers. Mr. Joyce suggested to the Commission to elect the same Chairperson and Vice Chairperson as was nominated for the Board of Adjustment and Sign Board of Appeals. Donna McCright nominated Constance Yahwak as Chairperson and Lloyd Martin as Vice Chairperson. Gerald Odum seconded the nominations and carried (5-0). 3.0 ITEMS FOR CONSIDERATION 3.1 SI12-0007 - Ordinance Amendment. Discuss and consider making a recommendation to City Council on an amendment to the Code of Ordinances, by repealing in its entirety Chapter 6, Article III, Division 3, Section 6-94, entitled "Action by City on Noncompliance with Order of the Building and Standards Commission;" and replacing it with a new Chapter 6, Article IIl, Division 3, Section 6-94. Mr. Schnurr suggested for the Commission to recommend approval of the ordinance in order to forward it to City Council for adoption. He followed up that he would go Building and Standards Commission April 18, 2012 Page 2 of 3 into more detail as to the purpose and role of the Commission at the next meeting in May. Mr. Schnurr summarized the role of the Commission is to address substandard properties that do not meet minimum housing standards to the extent that the Commission may vote to demolish properties. Commissioner McCright asked if the documentation marked in red is additional language added to the ordinance. Mr. Schnurr responded affirmatively and explained the Supreme Court case against Dallas where a property owner filed a takings claim against the City. He continued by stating that the added language states that a property owner shall file an appeal to the decision of the Commission within 30 days or loses the right to file a takings claim against the City. Commissioner McCright stated that the new language does not state "appeal". Mr. Schnurr responded that the 30 days is basically a waiting period to see if a case has been filed before the property can be demolished. Commissioner McCright stated that she does not feel comfortable approving an ordinance before finding out what the ordinance is replacing. Commissioner Odum asked if the language in red is the only language that is changing. Mrs. Browder responded that the language is being added, nothing is being replaced. Commissioner Odum asked if the revised ordinance is only adding the 30 day timeframe. Mrs. Browder responded affirmatively. Mr. Schnurr continued by stating that the new language forces the City to wait an additional 30 days after the Commission's decision before a property can be demolished. Mr. Joyce stated that everything else in the revised ordinance is already within the existing code. Mr. Schnurr continued that the timeframe is additional protection for the property owner that the courts have mandated. Commissioner McCright read the line that was noted to have changed and asked what was changed on it. Mr. Schnurr stated the text is a list of the decisions the City has an option of doing. He followed up by repeating that the new language forces the City to wait an Building and Standards Commission April 18, 2012 Page 3 of 3 additional 30 days after the Commission's decision before a property can be vacated or demolished. Mr. Schnurr stated that it would be a safer practice to wait closer to 45 days as the case would only have to be filed within 30 days and the City may not receive notification until after the 30 day timeframe passes. Commissioner Tredo asked who was responsible for making the decisions on substandard properties prior to now. Mrs. Browder responded no one. She followed up in stating that the ordinance was changed in 2010 which gave the Board of Adjustments the powers of the Building and Standards Commission. Mrs. Browder continued by stating that to date, there haven't been any structures that would fit within the category of being substandard or below minimum standards and need to be demolished, whereas now, there are possibly three. Mr. Schnurr continued by stating that the Board of Adjustments, acting as the Building and Standards Commission has had the authority but until recently, there was no cause to meet or establish officers. Mr. Joyce followed up in stating that the ordinance prior to 2010 was written so poorly that nothing would have been able to be enforced. Mrs. Browder It was moved by Board Member McCright to approve Item 3.1 as presented, seconded by Board Member Martin and carried (5-0). Bei , no further discussion, Chairperson Yahwak adjourned the meeting at 7:25 p.m. i AC04 ~v. U NCI Ma v- l rl, Vi(_c.. Ov i t2-maxi -Prot- Constance Yahwak, Chairperson C e cia Campa, Rec rding Secretary