Loading...
HomeMy WebLinkAbout08/27/2009 CEAB MINUTES CITY OF THE COLONY CODE ENFORCEMENT ADVISORY BOARD AUGUST 27, 2009 After determining that a quorum was present, the Code Enforcement Advisory Board of the City of The Colony, Texas convened into a Work Session which was held on Thursday, August 27, 2009 at 6:30 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: Richard Kuether, Chairman; Casey Truskunas; Vice- Chair, Ruby Lawrence; Diane Ling; Lloyd Martin, and Linda Van Vranken Board Members Absent: None Present from Staff: Iris Browder, Development Services Manager; Wes Morrison, City Planner; Tracey Sherman, Administrative Assistant and Whitt Wyatt, Attorney. 1.0 CALL MEETING TO ORDER Chairman Kuether called the meeting to order at 6:31 pm. 2.0 CITIZEN INPUT 2.1 No Citizen input INUTES 3.0 ::LCo 3.1 n sider approval of the minutes of the July 31, 2008 meeting. Board Member Martin moved to approve the minutes of the July 31, 2008 meeting with changes to omit mandatory air from Vice Chairman Truskunas statement regarding mandatory residential air and heat, Capitalize Board Member Martin's name on page 3 paragraph 7, and remove the word( or) from page 4, paragraph 6. It was seconded by Board Member VanVranken and the motion carried unanimously (4-0). 4.0 CONSIDERATION 4.1 Review, discuss and make recommendation to City Council regarding proposed changes to Chapter 6, Article II (Registration of Contractors), Article III Minimum Housing Code), Article VII (Public Swimming Pools) and Article VIII Smoking). (Browder) Iris Browder presented the proposed changes to Chapter 6, Article II, Article III, and Article VIII of the Code of Ordinances. C ,ode ` all'o(ceri1E:w: rt (Jvi. sold' C: rd Augtis! 7(109 Page 2 of 4 Ms. Browder presented the changes to Article III (Minimum Housing Code) Board Member Martin asked if there was a difference in the definition of family in section 6-73 and overcrowding in section 6-76 (h). The latter section seemed to give the Code Officer authority. Legal stated you would use the standard definition if possible and Section 6-79(h) was in no way intended to supersede the family definition. Chairman Kuether asked if some of the structural requirements were beyond the scope of the Board. Ms. Browder stated that a new board will be created within the Board of Adjustment known as the Building Standard Commission to review any cases that fall under the substandard process. Legal stated city codes are written to allow the board to review and make recommendations; however they will not be enforced by CEAB. Vice Chairman Truskunas asked if a resident's car doesn't work or if it does not have a current registration, can the resident keep the car in the garage. Legal stated yes. Board Member Ling asked if section 6-79(2), Exterior Property Area included the overgrowth of trees and shrubs. Ms. Browder stated yes, however the definition does not address shrubs growing against the house, but deals with trees overhanging in the street and over the sidewalks. Board Member Ling asked if the city could address a house that was in disarray if the house was vacant. Ms. Browder stated the city does not have a strong enough ordinance to warrant this. This is being brought before the Board with changes to have our ordinance mirror state law. If it looks ok on the outside we have no reason to even go up to the house. Board Member Martin asked staff if the wording in section 6-82(3) could be changed from wooden sink. Ms. Browder stated the wording is from the property maintenance code and staff would keep it there just as a precaution. Chairman Kuether asked why staff changed the recommended heat temperature for inhabitable rooms from 68 to 62 degrees. Legal stated the standards are in there to make sure that the unit can come up to the required temperature. Vice Chairman Truskunas asked if the requirement to require air condition in all houses in the city was a unanimous recommendation by the Board. Ms. Browder stated yes. Vice Chairman Truskunas stated he would like to see forcing homeowners to install air conditioning in their homes be removed from the ordinance. Chairman Kuether asked if the rental property maintenance codes differed for homeowners. Ms. Browder stated no. Chairman Kuether asked if the landlord has to maintain the air condition unit and keep it working. Ms. Browder stated there is a provision that all mechanical equipment must be kept in a safe working condition. Ms. Browder presented the changes to Article VIII (Smoking) Chairman Kuether asked if the employee wants a smoke free environment does the employer have to comply. Ms. Browder stated the Police Department enforces the Smoking Ordinance. Ms. Browder stated The Police Department was asked if any changes needed to be made in this particular ordinance and they stated no. Board Member Van Vranken asked if there was a way to include youth ages 6-21 in regards to smoking in the environment. Ms. Browder asked for Board Member Van Vranken to send an email to her detailing what she would like to have possibly added to the ordinance and she would forward it to the Police Department for consideration. Chairman Kuether asked if this was an existing smoking ordinance. Ms. Browder stated yes. Vice Chairman Truskunas motioned to accept item 4.1 as stated with the amendment to section 6-83 to include existing air conditioner units. It was seconded by Board Member Martin and the motion carried unanimously (4-0). 4.2 Review and discuss newly adopted Policies and Procedures for Advisory Boards a Commissions. (Morrison) Mr. Morrison reviewed the newly adopted Policies and Procedures with the Board. Vice Chairman Truskunas asked if no one person can serve on two boards than how would this affect Board of Adjustment. They all serve on more than one board. Will this clash with the cities new policies and procedures. Mr. Morrison stated no the members on the Board of Adjustment were informed they would wear many hats in their positions. Board Member Truskunas asked would the new board being formed overlap in authority Mr. Whitt stated the new board would only hear enforcement action cases. Advisory boards advise, make recommendations, and review ordinances. Board Member Truskunas asked if they were all members of the Board of Adjustment. Mr. Wyatt stated yes. Chairman Kuether asked staff how non agenda items could be discussed. Ms. Browder stated she would add future items for discussion on the next agenda. Code Fnfoi`c en)ea,: Adviso "°4 Boland Angus; 21, 2009 P' ; .-1 of ,1 Meeting adjourned) at 8:05 pm. I ;L""e chard Kuether, Chairman i ~ Tracey She an, Recording Secretary