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Home My WebLink About2011-04-20 CEAC MINUTES• • • CITY OF ENGLEWOOD CODE ENFORCEMENT ADVISORY COMMITTEE Minutes of the Special Meeting on April 20, 2011 I. CALL TO ORDER II. :fl The meeting of the Englewood Code Enforcement Advisory Committee was called to order at 6:3 2 p.m . by Chair Mosman. Roll Call Present: Chair Mosman, Members Bayless, Becker, Hart, Hinger (arrived at 6:45 pm), Wilson, and Alternate Member Skinner Absent: Member Berger A quorum of the Committee was present. Ex-Officio Members Present: Council Liaisons Gillit and Mccaslin, and Staff Liaisons Flaherty and Sergeant Englert. Absent: None APPROVAL OF MINUTES DJ A motion was made and seconded to approve the minutes of the Regular Meeting of March 16, 2011. The minutes were approved as submitted. Ill. PUBLIC OPEN FORUM tlJ No one was signed up to speak. IV. UNFINISHED BUSINESS lii Off-Road Vehicles/Recreational Vehicles/Trailers: Regulations and Enforcement Title 15, Chapter 9 -INOPERABLE MOTOR VEHICLES, OFF-ROAD VEHICLES AND TRAILERS fD The Committee recommends the first paragraph of 15-9-1 be amended as follows: THIS CHAPTER IS INTENDED TO ADDRESS THE PROPER STORAGE OF INOPERABLE MOTOR VEHICLES, OFF-ROAD VEHICLES AND TRAILERS . IT SHALL BE UNLAWFUL AND CONSIDERED A NUISANCE FOR ANY PERSON TO STORE, MAINTAIN OR KEEP ANY INOPERABLE MOTOR VEHICLE, (insert) RECREATIONAL CAMPING VEHICLES, OFF-ROAD VEHICLE OR TRAILER IN VIOLATION OF THIS CHAPTER. Marjorie Becker moved, Susan Bayless seconded. Members voted: Ayes: Bayless, Becker, Hart, Mosman, Wilson Absent: Hinger (not yet arrived) Nays: None I] The Committee recommends the second paragraph of 1 5-9-1 be amended as follows: THE OWNER OF AN INOPERABLE MOTOR VEHICLE, OFF -ROAD VEHICLE, OR (insert) ANY TRAILER, AS WELL AS THE OCCUPANT AND OWNER OF THE PROPERTY WHERE SUCH A VEHICLE OR TRAILER IS STORED, SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF SUCH VEHICLE IN COMPLIANCE WITH THIS CHAPTER. Susan Bayless moved, Jill Wilson seconded. Members voted: Ayes: Bayless, Becker, Hart, Mosman, Wilson Absent: Hinger (not yet arrived) Nays: None Titles 11, 15and16-VEHICLEWEIGHT LIMITATIONS ·~The Committee recommends that the vehicle weight limitation be changed to 10,000 POUNDS in all references currently in Titles 11, 15 and 16 to be consistent within City Code and with the Colorado State definitions. Current weight limits are measured in C.W.T. referring to hundred weight or Centrum weight, a unit of Old English measure. The Committee also recommends this be changed to Gross Vehicle Weight Rating (GVWR} or pound rate. Linda Hart moved, Marjorie Becker seconded. Members voted : Ayes: Bayless, Becker, Hart, Mosman, Wilson Absent: Hinger (not yet arrived) Nays: None Title 15, Chapter 9 -INOPERABLE MOTOR VEHICLES, OFF-ROAD VEHICLES AND TRAILERS (continued) f.e: The Committee recommends no change to 15-9-1 A.1, A.2, A.3, and A.4. tJ.i The Committee recommends no change to 1 5-9-1 B 1 and 2. -~ The Committee recommends that 1 5-9-2 A.1 be changed as follows: • • • 2 • • • NO ORV OR ANY TYPE OF TRAILER SHALL BE STORED WITHIN THE FRONT YARD (insert) UNLESS A SHOWING OF PROOF IS PROVIDED STATING THATTHE PROPERTY CANNOT ACCOMMODATE ACCESS TO REAR OR SIDE YARD. IN SUCH A CASE, THE GUIDELINES ESTABLISHED BY THE DISTANCE GUIDELINES AND HARD SURFACE GUIDELINES MUST BE ABIDED BY. (Reference : 15-9-2 AND 11-6-2, C.2.) UPON A SHOWI NG OF PROOF THAT THERE IS NOT ACCESS TO REAR OR SIDE YARDS, DETACHED CAMPERS MAY BE STORED IN FRONT YARDS AND SIDE YARDS IN ACCORDANCE WITH ABOVE DESCRIBED GUIDELINES. After a brief discussion, Susan Bayless moved, Jill Wilson seconded. Members voted: Ayes: Bayless, Becker, Hart, Hinger, Mosman , Wilson Nays : None fl! The Committee recommends 1 5-9 -2 A.2. be changed as follows: NO PERSON SHALL STORE OR WORK ON ANY ORV OR ANY TYPE OF TRAILER WITHIN THE FRONT YARD OR IN OR ON ANY PUBLIC RIGHT- OF-WAY, EXCEPT THAT SUCH VEHICLES MAY BE TEMPORARILY MAINTAINED IN THE FRONT YARD, ON A HARD SURFACE, FOR THE PURPOSES OF TRANSPORT, LOADING, UNLOADING, OR OTHER TEMPORARY ACTIVITIES. SUCH TRANSPORT, LOADING , UNLOADING, OR OTHER TEMPORARY ACTIVITIES SHALL NOT EXCEED EIGHT (8) HOURS PER DAY (insert) UNLESS EXEMPTED BY LACK OF ACCESS AS STATED IN 15-9-2 A.1. Tealea Hinger moved, Susan Bayless seconded. Members voted: Ayes: Bayless, Becker, Hart, Hinger, Mosman, Wilson Nays: None ~ The Committee recommends no change to 15-9-2 A.3 Susan Bayless moved, Linda Hart seconded. Members voted : Ayes: Bayless , Becker, Hart, Hinger, Mosman, Wilson Nays: None -The Committee recommends no change to 15-9-2 B.1 or B.2 . Title 11, Chapter 6 -VEHICLES ~ The Committee recommends the weight limits in 11-6-1 A be changed to 10,000 POUNDS for consistency as proposed. The Committee recommends no change to 11-6-1 B . The Committee recommends no change to 11-6-1 C. 3 The Committee recommends the following change to 11-6-1 D: NO PERSON SHALL PARK OR PERMIT TO STAND IN ANY PUBLIC RIGHT- OF-WAY OR ON PUBLIC PROPERTY , ANY TRAILER OR SMALL TRAILER UNLESS THE TRAILER IS CONNECTED TO OR ATIACHED TO A MOTOR VEHICLE IN A MANNER TO BE TOWED. THE VEHICLE AND CONNECTED TRAILER SHALL NOT BE PARKED IN THE PUBLIC RIGHT-OF-WAY FOR MORE THAN SEVENTY-TWO (72} HOURS WITHIN ANY OP-iE WEEK . (chan ge to) CONSECUTIVE 14-DAY PERIOD. Following a brief discussion , Marj o rie Becker moved, Susan Bayless seconded. Members voted: Ayes: Bayless , Becker, Hart, Hinger, Mosman, Wilson Nays : None iJI In the second paragraph of 11-6-2 A, the Committee recommends the followin g change: THE VEHICLE MAY BE PARKED IN THE RIGHT-OF-WAY FOR NO MORE THAN SEVENTY-TWO (72} HOURS WITHIN ANY ONE WEEK (change to ) CONSECUTIVE 14-DAY PERIOD WHILE BEING EXPEDITIOUSLY LOADED OR UNLOADED. Susan Bayless moved, Linda Hart seconded. Members voted: Ayes: Bayless , Becker, Hart, Hinger, Mosman, Wilson Nays: None 6 On 11-6-2 B.1 , the Committee recommends changing the weight limits for consistency as discussed previously. No vote was taken. -On 11-6-2 C, the Committee recommends adding: UPON PROOF THAT PROPERTY CANNOT ACCOMMODATE ACCESS TO SIDE OR BACK YARD STORAGE, FRONT YARD AND SIDE YARD STORAGE MAY BE PERMITIED WITH THE FOLLOWING GUIDELINES : 1. MUST BE STORED ON HARD SURFACE . The Committee noted the inconsistencies that exist in Titles 11 , 15 , and 16 for the definition of "hard surface" and referenced the December 17, 2008 memorandum the City Attorney drafted to Council addressing proposed changes to the definition of hard surface . The Committee recommends the changes proposed in that memorandum be adopted. Reference Council Bill No. 79 , Ser ies 2008, introduced by Council Member Jill Wilson. The Committee also recommends insertin g the following: • • A HARD SURFACE OF CONCRETE, ASPHALT, BRICK PAVERS OR SIMILAR • ALTERNATE MATERIALS APPROVED BY THE CITY WILL BE ALLOWED AS 4 • • • THE HARD SURFACE. WHATEVER IS APPROVED MUST BE KEPT WEED FREE AND IN GOOD REPAIR. THIS APPLIES TO FRONT AND SIDE YARD PARKING ONLY, NOT BACK YARD ENCLOSED STORAGE, OR NOT EXISTING BACKYARD ESTABLISHED PARKING SURFACE . To clarify, existing gravel in back yards will be grandfathered in . When repair or replacement is needed, citizens will follow this proposed code revision . Discussion ensued. Marjorie Becker moved, Jill Wilson seconded. Members voted: Ayes: Bayless , Becker, Hart, Mosman, Wilson Nays: Hinger -Also on 11-6-2 C, the Committee recommends adding: FRONT DRIVE AND SIDE YARD STORAGE WILL BE ALLOWED ADHERING TO ABOVE "HARD SURFACE " GUIDELINES. THE DISTANCE GUIDELINE WILL BE NOT LESS THAN (either 15 OR 10) FEET FROM EDGE OF EXISTING SIDEWALK , IF AN EXISTING DRIVEWAY IN FRONT IS USED. Discussion ensued. Marjorie Becker moved as written and discussed, Tealee Hinger seconded. Members voted: Ayes : Bayless, Becker, Hart, Hinger, Mosman, Wilson Nays: None The Committee recommends the following also be inserted under 11 -6-2C: IF PARKING IS TO BE ON SIDE OF HOUSE OR GARAGE, IT NOT ONLY MUST BE (either 15 OR 10) FEET FROM SIDE WALK BOUNDARY, BUT MUST BE IN LINE WITH OR FURTHER BACK FROM THE EXISTING HOUSE OR GARAGE LINE. The Committee amended this recommendation as follows: IF PARKING IS TO BE ON SIDE OF HOUSE OR GARAGE, IT NOT O~JLY MUST BE (either 15 OR 10) FEET FROM SIDE WALK BOUNDARY,...B.YT MUST BE IN Ll~JE WITH OR FURTHER BACK FR0,\4 EXISTING HOUSE OR GARAGE Ll~JE. Marjorie Becker moved as amended, Tealee Hinger seconded. Members voted : Ayes : Bayless, Becker, Hart, Hinger, Mosman, Wilson Nays: None ~ The Committee recommends no change to 11 -6-2 C 1. flf For 11-6-2 C 2, the Committee recommends following the proposed "hard surface" changes , if adopted . 5 ~ For 11-6-2 C.3, the Committee recommends adopting the weight change proposed. ~ The Committee recommends no change in 11-6-2 C 4. HJ The Committee recommends no change in 11-6-2 C 5 a. e The Committee recommends no change in 11-6-2 C 5 b. 6 Marjorie Becker recommended these codes be established and, then, enforced. This will bring about a better Englewood. She expressed appreciation to the Chair for the heading up this Committee effort and moving it along to this point. Discussion ensued. eJ Mike Flaherty explained the process in forwarding these recommendations to Council: Motions for these recommendations will be typed, signed by the Chair, and copies sent to Committee members. These recommendations will then formally go to City Council for discussion at the May 2, 2011 Study Session. At that meeting, Committee members may present their rationale for the recommendations, enforcement, etc. City Council may ask the City Attorney to draft a bill for an ordinance which would then go to Council for formal consideration. If Council chooses to hold a public hearing on these recommendations, the public hearing would be between the first and second readings. i 3 Chair Mosman asked for a motion to approve these recommendations and to forward the recommendations to City Council. Marjorie Becker moved, Susan Bayless seconded. Members voted unanimously: Ayes: Bayless, Becker, Hart, Hinger, Mosman, Wilson Nays: None V. ~ CODE ENFORCEMENT REPORT Sergeant Englert provided Code Enforcement Activity Reports for March 201 0 and March 2011. Discussion followed. VI. NEW BUSINESS ~ City Council will be reviewing applications from Board and Commission members whose terms expire July, 2011 and who want to reapply for another term. Terms for Code Enforcement Advisory Committee members Marty Mosman, Tealee Hinger, and Jill Wilson expire in July. • • • 6 • • • VII. t] TOPICS FOR FUTURE MEETINGS None. VIII. ADJOURNMENT 1 ..:§ There being no further business, the meeting adjourned at 7:43 p.m. The next Regular Code Enforcement Advisory Committee meeting will be May 18, 2011. (2/U4a~ JhA -75-· Submitted by Susan Werntz~~::~ecretary 7