HomeMy WebLinkAbout1990-02-06 PZC MINUTES•
I.
CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
February 6, 1990
CALL TO ORDER.
The regular meeting of the City Planning and Zoning Commission was called to
order by Vice-Chairman Ron Fish in the Englewood City Council Chambers at 7:00
P.M.
Members Present: Becker, Covens, Fish, Schultz, Tobin, Baumgartner, Daviet
Members Absent: Gerlick, Glynn
Wanush, Ex-officio
Also Present: D. A. Romans, Planning Administrator
H. J. Stitt, Planner
Dan Brotzman, Assistant City Attorney
Patricia Crow, City Clerk
Lt. Ron Medford, Department of Safety Services
Members of the Environmental/Nuisance Codes Task Force
Eisenberg, Fishbach, Bila, York, Hendricks
Mr. Fish stated that City Clerk Crow is present to swear in new members of the
Commission.
Ms. Crow administered the oath of office to Ms. Linda Baumgartner, Ms. Connie
Daviet, and Mr. Lloyd Covens.
Mr. Fish stated that a quorum of the Commission is present, and outlined the
duties and responsibilities of the Commission. Mr. Fish stated that the Com-
mission will follow administrative procedures in the conduct of the Public
Hearing scheduled for this evening.
II. APPROVAL OF MINUTES
January 16, 1990
Vice-Chairman Fish stated that the Minutes of January 16, 1990 were to be con-
sidered for approval.
Tobin moved:
Becker seconded: The Minutes of January 16, 1990 be approved as written.
Mr. Covens noted that the word "Hyundai" was misspelled on page 2 of the Mi-
nutes. The correction was duly noted, and the vote was called:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Covens, Fish, Schultz, Tobin, Becker
None
Gerlick, Glynn
Baumgartner, Daviet
Mr. Covens asked that his vote be changed to "Abstain". This was so ordered .
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•
The motion carried, and the Minutes stand approved with the correction of the
misspelled word.
III. TITLE 15, ENGLEWOOD MUNICIPAL CODE CASE #1-90
Health, Sanitation and Environmental Protection
Mr. Fi sh declared the Public Hearing on Case #1-90 open, and stated that he
has in hand a copy of the notice of Public Hearing which was published in the
Englewood Sentinel on January 18, 1990. Mr. Fish outlined the procedure to be
followed in the conduct of the Public Hearing, and noted that persons wishing
to address the Commission will not be sworn in for this Fact Finding Hearing.
Mr. Fish stated that City Council has asked that the Commission continue the
Hearing to a later date in light of the fact there is also a Town Meeting
scheduled this evening, and this may have created a conflict for some resi-
dents who wanted to attend both meetings and could not do so. Mr. Fish stated
that this request will be considered by the Commission later in the meeting.
He then asked that staff present the issue before the Commission.
Mrs. Dorothy Romans, Planning Administrator, addressed the Commission and dis-
cussed the proposed Title 15, Health Sanitation and Environmental Protection.
Mrs. Romans acknowledged the attendance of En vi ronmenta l/Nui sance Code Task
Force members Bilo, Eisenberg, Fishbach, Hendricks, and York. She noted that
Lt. Medford, who had served as a resource person, was also present. Mrs. Ro-
mans stated that the provisions proposed in Title 15 are presently contained
in §16-4-1, Comprehensive Zoning Ordinance, in Title 11, and in Title 6, all
in the Englewood Municipal Code, as well as provisions found in the Model
Traffic Code adopted by the City. Mrs. Romans reviewed the concerns which led
to the formation of the Task Force to consider the existing ordinances per-
taining to environmental issues, and quoted from the "Courses of Action'' which
are contained in several sections of the Comprehensive Plan. The first meet-
ing of the Task Force was on January 31, 1989, and the committee met every two
weeks from that time through June, 1989. The Task Force heard input from
staff advisory members as well as from citizens who had experienced problems
in complying with some of the provisions of the existing codes.
Mrs. Romans reiterated that the provisions contained in the proposed new Title
15 are presently contained in §16-4 -1 of the Comprehensive Zoning Ordinance,
which has been enforced by the Planning Division; in Title 6, which is enfor-
ced by Building & Safety, and in Title 11, enforced by the Police Department.
The fact that the restrictions were contained in several different ordinances,
each ordinance enforced by a different department of the City, has resulted in
conflicting provisions and confusion in the enforcement of the restrictions.
The Task Force was of the opinion that the restrictions pertaining to environ-
mental and nuisance codes, and the enforcement thereof would be clarified if
they were compiled in one document; thus, the development of the new Title 15
entitled Health, Sanitation and Environmental Protection. Mrs. Romans stated
that this issue is before the Commission because of the necessity to repeal
§16-4-1 of the Comprehensive Zoning Ordinance, and the inclusion of those pro-
visions in the new Title 15.
Title 15 will be a "self-contained" ordinance, and definitions from Title 6,
Title 11, and §16-4-1 are included, in addition to the actual restrictions.
Mrs. Romans identified some new definitions, such as "trash container", and
pointed out that, as proposed, this would require containers of metal, wood,
or p 1 ast i c with a top or cover than can be secure 1 y fastened; plastic bags
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would no longer be acceptable for the storage of trash except for grass clip-
pings or leaves, and then only if they are properly secured.
There were some typographical corrections to Title 15 noted by Mrs. Romans,
one being the addition of the word "or" in the last definition on Page 6 in
the second line; another being the elimination of all verbiage following
" ... rear lot line, as may be" ... on Page 8.
Mrs. Romans then reviewed each chapter of the proposed Title 15. She stated
that the provisions of Chapter 3, Weeds, were discussed at length by the mem-
bers of the Task Force, and the majority opinion was that the maximum height
should remain 6". Chapter 5, pertaining to vehicles, was also the subject of
lengthy discussion by the Task Force. The maximum weight of vehicles allowed
in residential districts was increased from 60 cwt to 70 cwt to conform with
the signage posted throughout the City. The size of recreational vehicles was
modified to eliminate the height restrictions, but length and width restric-
tions are unchanged. On-street parking restrictions for recreational vehicles
and trailers has been increased to 72 hours maximum rather than 24 hours maxi-
mum; this provision is in response to problems experienced by residents who
may keep their vehicle at a storage lot, which lot may not be open on
weekends; it also allows additional time for the loading or unloading of the
vehicle.
Mrs. Romans discussed §15-6-1, Nuisances, which has been added to Title 15.
Mrs. Tobin asked if the section pertaining to abandoned "iceboxes" included
refrigerators, also. Mrs. Romans replied in the affirmative. Mrs. Tobin
stated that some people do keep operating refrigerators stored out-of-doors.
Mrs. Tobin also suggested that the prohibition include freezers. Mrs. Romans
stated that this provision would apply to any appliance that has doors, and
which chi 1 dren may get into but cannot open from the inside. Mrs. Romans
stated that the City does have an agreement with Vardeman's whereby they will
pick up abandoned refrigerators at no cost to the City.
Title 15 also requires properties to be hooked up to a sanitary sewer line
within 6 months after a sanitary sewer line becomes available to the property.
This does not preclude the use of port-a -lets during special functions such as
a Parade.
Mrs. Romans discussed another issue which was considered at length by the Task
Force, that being the issue of snowblades on trucks parked and/or stored on-
street. The provision will require the removal of the blade from the vehicle
which is parked or stored in the public right-of-way, within 72 hours from the
time of the last snow fall, and the blade may not be stored on-street.
Mrs. Romans stated that this concluded her presentation on Title 15.
Mr. Fish asked if there were technical questions of Mrs. Romans from members
of the Commission. He thanked her for the presentation, and stated that he
wanted to thank members of the Task Force for their work on Title 15. Mr.
Fish stated that the hearing would now be opened to comments from members of
the audience. He suggested that perhaps members of the Task Force would want
to designate one member as spokesperson, but if not, all members of the Task
Force would have an opportunity to speak.
~ Gary Kozacek
1260 West Oxford -commented that he had to stay at the Commission meeting
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longer than he had planned because the Commission did not
take action to continue the Hearing to another date; he wanted to attend the
Town Meeting currently being conducted, also. Mr. Kozacek stated that he was
a member of the City Council when the Task Force was appointed and knew what
the charge to the committee was; he advised the Commission to carefully review
the proposed Title 15, and cited several areas wherein he felt there was a
conflict such as in the definition of "truck" and "commercial vehicle", and
between "derelict vehicle" and "hobby vehicle". Mr. Kozacek discussed the
restrictions pertaining to snowbl ades; he agreed that blades detached from
vehicles and left on-street are hazardous. He did disagree with the fact that
blades are to be detached from vehicles within 72 hours of the last snowfall,
noting that he has a landscaping business and makes use of the blade during
the entire year. Mr. Kozacek further stated that there are City vehicles that
keep the blade attached and use them to chip ice loose longer than 72 hours
after a snowfall. Mr. Kozacek stated that he is aware of 8 other firms who
are of the opinion that this restriction is "obnoxious". If it is acceptable
for City vehicles to keep the blades attached longer than 72 hours, why is it
restricted for private residents. Mr. Kozacek then addressed the issue of tow
trucks parking on-street. He stated that the restrictions in Title 15 are
affecting people who are trying to make a living; if it is legal to drive on
the streets, why cannot they park on the street.
Mr. Kozacek then discussed the limitation of one derelict vehicle per proper-
ty, and noted that in today's economy, children are returning home and there
may be several vehicles belonging to residents of a specific address. One or
more of these vehicles may be in need of repair, and if only one "derelict"
vehicle is allowed, these residents would be in violation of the ordinance.
Mr. Kozacek stated that he feels the City is becoming too restrictive, and
proceeded to discuss the requirement prohibiting parking in front of the front
setback unless located on a concrete, brick paver, asphalt surf ace or other
similarly finished hard surface. Mr. Kozacek discussed his property and noted
that the drive in front of the house is gravel embedded in dirt, that is prob-
ably as hard or harder than the surfaces cited. Mr. Kozacek pointed out that
there are people who cannot afford to provide· the concrete parking area, or
residents who do not have vehicular access to their back yard and this
restriction is discriminatory. Mr. Kozacek further stated that there is noth-
ing that fully defines "front yard", and again advised the Commission that
they really had to take a good objective look at the proposed Title 15. Mr.
Kozacek stated that he does not want to see an ordinance enacted which in-
hibits activities of residents, while allowing the municipal entity the right
to activities which are not the right of all.
Mrs. Becker cited the definition of "Front Yard" contained on Page 8 of the
proposed Title 15. Mr. Kozacek stated that his property is 80' x 180', and
questioned what would be considered the "front" of his property inasmuch as it
"fronts" on two streets. Mrs. Romans pointed out that the property is ad-
dressed on Oxford; therefore, that would be considered the "front" of the
property.
The provision restricting on-street parking/storage of vehicles with snow-
blades was further discussed. Mr. Kozacek reiterated his opinion that a vehi-
cle with a blade attached should be allowed to be parked on-street during the
day. He stated that he has no problem with requiring off-street parking over-
night for vehicles with blades attached. Mrs. Tobin asked if some of the
snowblades are permanently attached to the vehicles. Mr. Kozacek stated that
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this is true in mountain communities, but in the metro area they are
removable.
Mrs. Becker questioned Mr. Kozacek's contention that tow trucks should be al-
lowed to park on-street in residential areas. Mr. Kozacek pointed out that
some tow trucks are pickup trucks that have been converted; he suggested that
the Commission might want to include a weight differential to indicate a dif-
ference between converted pickups and commercial tow trucks.
The issue of hard surface parking areas was further considered. Mr. Kozacek
suggested that gravel be included. He suggested that this provision is only
"appearance based", and consideration should be given to whether it is a
"driveway" or only an area used to park vehicles to get them off the street.
Mr. Fish asked if the Commission wanted to continue to Hearing to a later
date. Mrs. Becker suggested that it is still early in the discovery phase of
the hearing, and suggested that this determination be made later in the eve-
ning. Mr. Fish stated that the hearing would continue as of now. He asked if
anyone else wished to speak.
Mr. Jack York
4070 South Grant -suggested that the problems with derelict vehicles is not
caused by children moving back home. He suggested that the
line must be drawn somewhere on the number of inoperable vehicles that may be
allowed on any one property. Mr. York agreed that the issue of snowblades is
a touchy subject, because the use of the blades does affect the livelihood of
someone; however, he stated that the Commission must consider the impact the
on-street parking of these vehicles has on the residential neighborhoods of
the City. Mr. York stated that he did serve on the Task Force.
Mr. Fish asked Mr . York about the definition of "weeds" contained in Title 15,
which he feels is pretty vague. Mr. York suggested a non-flowering plant 6"
in height or more should be cut. Mr. York discussed the process of notifica-
tion that is followed, and noted that by the time the City cuts the growth if
the property owner does not comply, the growth is at least 12" or more in
height. Mr. York then discussed the general overall deterioration of the
quality of life in Englewood; he acknowledged that the economy is bad, but
this is not the sole reason for the problems that the City is facing. He
stated that the poor maintenance of properties and the poor economy go hand-
in-hand, and people are moving out of Englewood. Mr. York stated that every-
body needs to work together for the good of the community.
Mrs. Becker asked if the Task Force, in requiring the parking of large recre-
ationa l vehicles in the back yard, gave consideration to those properties
whose front yard may abut a neighbor's rear yard. Mr. York stated that it was
considered, but questioned whether there is a solution to that particular
problem. Mrs. Becker stated that there must be some sort of compromise that
can be reached.
Mr. Fish asked Mr. York what his interpretation of the intent of the Task
Force was --to address specific trouble spots, or to polish the image of En-
glewood. Mr. York stated that the intent addressed both issues, but that
overall he felt the intent was to polish the image of the City. Mr. York
stated that he felt restrictions are important to people, and cited the people
who purchase in areas that are governed by strict covenants. Mr. York stated
that he did not want to see Englewood turned into a ghetto.
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Paul Hendricks
4001 South Elati -stated that he served on the Task Force and that the com-
mittee did accomplish some good things, such as eliminating
the conflict in weight limitations and the height restrictions for recreation-
al vehicles. Mr. Hendricks stated that in today's economy our citizens must
be competitive with the world at large, and the City should not create a cli-
mate that is hostile to business. Mr. Hendricks stated that it is his opinion
that the restrictions against snowplows and tow trucks do display a hostility
to business. Mr. Hendricks stated that there are "some people who want to
live in a sterile atmosphere; who have made their money and sit in glass
houses and throw stones."
Mr. Fish asked Mr. Hendricks whether he felt the the intent of the Task Force
was to address trouble spots, or to polish the image of the City. Mr. Hen-
dricks stated that in his opinion, the charge of the City Council was "to get
the City's boots off people's necks." The attitude of some of the appointees
was ''get tough". Mr. Hendricks stated that there were two Task Force members
who were in real estate, and they approached the charge from the angle of what
would sell Englewood. Mr. Hendricks stated that he considers Englewood a good
place to live. Mr. Hendricks reiterated that there are problems with the
economy in general, and felt that the City should attempt to make it easier on
people to make a living. Mr. Hendricks stated that in his opinion the 611
height limitation on vegetation is unreasonable, but the committee did vote to
recommend the 611 limitation.
Katherine Fishbach
4425 South Acoma -stated that she has lived in Englewood for over 40 years
and considers the City a great place to live. There is a
need to clean up the appearance of the City. Ms. Fi shbach stated that she
wants to see ordinances enacted that are fair to people and that can be enfor-
ced. Ms. Fishbach stated that she is not against business, but she spends a
lot of time walking through the residential areas, and the on-street parking
of vehicles with snowblades or tow trucks does detract from a neighborhood.
Ms. Fi shbach stated that anything that is done that affects one's neighbors
must be considered, and one has no right to do something that will ultimately
lower the value of a neighbor's property. When people choose to live in a
metropolitan area, there are responsibilities that are attendant on that
choice. Ms. Fishbach stated that in her opinion the intent of the Task Force
was to clean up some problem spots, as well as to improve the image of the
City. She stated that she agrees with Mr. York that there is a need to im-
prove the general character of the City. Ms. Fishbach asked that if the Com-
mission felt the Task Force was unfair in any area, to please point it out to
the committee.
Mr. Fish asked if there is something in the general characteristics of Engle-
wood, in the infrastructure of the City, that creates problems necessitating
the imposition of tighter restrictions. Ms. Fishbach discussed a tour that
members of the Task Force went on, and stated that it is clear there are four
separate, distinct sections of the City. Ms. Fishbach stated that in her
opinion there is a need for the tighter restrictions to prevent further
deterioration in all areas. Ms. Fishbach stated that it is possible the im-
position of tight restrictions now is necessitated by the way the City
developed.
Eva Eisenberg
4955 South Galapago -stated that she had served on the Task Force, and spoke
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to the issue of snowplow blades and tow trucks. She
stated that her intent in serving on the committee was to clean up the City
and make it more attractive. Mrs. Eisenberg stated that no one wants to look
out their front window and see snowplows, tow trucks, and 1 arge rec re at ion
vehicles parked in front of or across from their property every day. Mrs.
Eisenberg stated that there is a need to clean up the trash and alleviate the
storage of equipment on the streets in the City. Mrs. Eisenberg stated that
the need for tight restrictions isn't unique to Englewood. She acknowledged
that Englewood has a lot of older homes, but there is nothing wrong with an
older home if it is well maintained. Mr. Eisenberg emphasized the need for
all residents to work to keep up their property.
Janice Bilo
4095 South Jason -stated that she al so had served on the Task Force, and
addressed the matter of tow trucks. She stated that as she
recalled when the issue of tow trucks was discussed by the committee, the con-
verted pickups were not a matter of consideration; it was the large, commer-
cial vehicles used specifically for towing purposes that were addressed. Mrs.
Bilo agreed that a weight differential should probably be included to dif-
ferentiate between the converted pickup and the commercial towing vehicle.
Mrs. Bilo stated that she is a life-long Englewood resident, and she is of the
opinion there have been problems with enforcement; the City appears to be
going down-hill, and that she wants to do something to stop the deterioration.
Mrs. Bilo stated that she found serving on the Task Force to be very informa-
tive, and is p 1 eased to see the spirit of cooperation that has deve 1 oped
between the Po 1 ice Department and Code Enforcement staff. Mrs. Bil o stated
that if the citizens want ordinances and codes to be enforced, the means of
enforcement (personnel) has to be provided to do it. Mrs. Bilo stated that it
appears some of the restrictions that are presently enacted but in three dif-
ferent sections of the Code, work against each other. The development of Ti-
tle 15 which would have all restrictions pertaining to Health, Sanitation and
Environmental Protection in one ordinance should alleviate conflicting provi-
sions. Mrs. Bilo stated that she felt the intent of the Task Force was to
look at trouble spots, and to address those problems.
Erica Byrne
3963 South Cherokee -stated that she is a former member of the Englewood City
Council and was a Councilmember at the time the Task
Force was appointed. Ms. Byrne disagreed with Mr. Kozacek's allegations that
the proposed Title 15 is too restrictive. Ms. Byrne cited areas that are de-
veloped with extremely restrictive covenants, and pointed out that people do
buy in and 1 i ve in these neighborhoods. Ms. Byrne stated that during her
tenure on the City Council more complaints were received about the decline of
the residential neighborhoods than anything else. Ms . Byrne agreed that there
is nothing wrong with a smaller, older home as long as the homes are well
maintained. She pointed out that some people now park recreational vehicles
in front of their home that are larger than the primary residence itself. Ms.
Byrne cited the parking of large commercial vehicles, such as "Snap-on-Tool"
trucks, which are parked in residential neighborhoods, and discussed the dif-
ficulty these large vehicles present to motorists trying to see on-coming
traffic before turning into or crossing a street when the large truck is
parked at the corner. Ms. Byrne agreed that the economy is bad, but this is
not an excuse to let the deterioration of the City go on. She suggested that
this is the time, in fact, to do everything possible to preserve the value of
the family's major investment --the home. Ms. Byrne refuted the claim that
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the tighter restrictions contained in Title 15 are "anti-business", and point-
ed out that business is not to be conducted from the residential districts
anyway.
Ms. Tobin pointed out that persons who purchase homes in areas ruled by cove-
nants do so knowing those covenants are in place; it is not realistic to im-
pose strict covenants after the fact.
Mr. Covens asked how Ms. Byrne would suggest paying for additional personnel
to handle increased enforcement. Ms. Byrne stated that at the 1 ast budget
retreat she attended as a Councilmember, it was her understanding that the
commitment had been made to increased enforcement, and that the staff had been
beefed up to handle the enforcement.
Mrs. Romans stated that there are two code enforcement officers; this number
was not increased when the responsibility of code enforcement was transferred
from Building & Safety to the Planning Division.
Ms. Daviet suggested that Englewood does have a high level of rental property,
and that some of these people may be driving a commercial vehicle as their
sole source of transportation as well as their livelihood.
Ms. Byrne stated that in her opinion the overall goal of the ordinance is to
improve the residential areas of the City. She asked that the Commission con-
sider whether the parking on-street of a tow truck in a residential area im-
proves the residential beauty of that neighborhood.
Mr. Hendricks again addressed the Commission, and stated that the Task Force
also discussed the issue of a recycling program for Englewood. He stated that
members of the Task Force were unanimous in their support of such a program,
and stated that a better trash disposal system would help in the overall ap-
pearance of the City.
Mr. Schultz stated that he, as a member of the Commission, is a member of the
Waste Management Task Force, which group is contacting companies engaged in
the business of recycling to obtain information prior to determining what
course of action to recommend.
Mr. York stated that a large part of the problem comes down to the amount of
rental property in the City; many of the property owners do not check on the
condition of their properties so long as they receive their monthly rent
check. He suggested that possibly this issue should be explored in an effort
to upgrade the appearance of the residential neighborhoods. Ms. Tobin stated
that she is a member of the Housing Task Force which has been meeting for some
time. She stated that one of the suggestions of this Task Force is annual
inspections of rental properties, and inspections at such time as the proper-
ties are sold.
Mr. Schultz inquired of Lt. Medford what role the Police Department has in
code enforcement. Lt. Medford stated that the Police Department addresses the
matter of vehicles on-street, such as abandoned, illegal, derelict or illegal-
ly parked vehicles. Code Enforcement addresses on-site problems of derelict
vehicles, weeds, trash, etc. Mr. Schultz asked if the Police Department re-
sponded on a complaint basis, or whether they were "aggressive" in citing of-
fenders. Lt. Medford stated that they do have civilian personnel assigned to
handle matters such as abandoned or derelict vehicles. Mrs. Becker asked if
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the enforcement is in response to compla i nts or random citations as a result
of patrolling neighborhoods. Lt. Medford stated that the majority is in
~ response to complaints unless it is a life threatening situation.
Mrs. Romans stated that one of the problems expressed by residents concerned
about the parking of towing vehicles in residential neighborhoods is that
there may be a call in the late evening hours or during the night, and the
lots to which the damaged vehicle is usually towed is closed. Therefore, the
hauler tows the damaged vehicle back to his home, so there is not only the tow
truck but the damaged vehicle parked on the street.
Mr. Fish suggested that on page 2, there is a repetition of §15-4-1 Defini-
tions and the following lead sentence. Mrs. Romans agreed, and this repeti-
tive statement would be deleted. Also on Page 10, the words (Committee's
recommendation) should be stricken. On Page 14, §15-5-2A, the word "expedi-
tiously" was bothersome to members of the Commission. Discussion ensued.
The matter of continuing the Hearing was again raised. Mr. Fish stated that
he was going to declare a recess of the Commission, and this matter would be
considered following resumption of the meeting.
* * * * * * * * * *
The meeting reconvened at 9:25 P.M.
Present: Fish, Schultz, Tobin, Baumgartner , Becker, Covens, Daviet
Absent: Gerlick, Glynn
Mr. Fish declared a quorum present.
The issue of continuance of the Hearing was discussed. Mrs. Becker stated
that there are a number of matters that the Commission needs to consider, and
that no decision could be made at this evening's meeting. Mr. Schultz agreed,
and pointed out that there may be other members of the community who would
like to address the issue but who could no t be in attendance at this meeting.
Mr. Fi sh stated that if the consensus is to continue, it must be to a date
certain.
Becker moved:
Schultz seconded: The Public Hearing on Case #1-90 be continued to March 6,
1990, at 7:00 P.M. in the City Council Chambers.
Discussion ensued. Mrs. Becker, with the concurrence of Mr. Schultz, withdrew
her motion. Mr. Fish stated that it is the consensus of the Commission that
the Hearing will be continued, and that formal action will be taken later in
the evening.
Covens moved:
Tobin seconded: That discussion on Title 15 be cut off at 9:50 P.M.
AYES:
NAYS:
ABSENT:
ABSTAIN:
Tobin, Baumgartner, Covens
Schultz, Becker, Daviet, Fish
Gerlick, Glynn
None
The motion failed to carry.
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Mr. Fish stated that he would now restrict discussion of Title 15 to members
of the Commission and staff, and that additional public testimony will be
heard at the time of the continued hearing.
Mr. Schultz discussed the 611 maximum height of weeds. Mr. Fish expressed his
concern on the definition of "weed", and Ms. Tobin did not like the inclusion
of the word "noxious" in the definition. Mr. Fish also raised for consider-
ation the issue of 11 storage of weeds on the property" for composting, and
stated that he keeps all his leaves and grass clippings to use on his flower
beds in the Fall. Mrs. Romans suggested that an exclusion for composting pur-
poses could be written into the ordinance. Mrs. Becker emphasized that
kitchen garbage must be excluded from materials used in compost piles.
Mrs. Daviet ques t ioned §15-2-D, requiring the screening of trash containers by
means of an opaque fence or screen. Is this a new provision? Mrs. Romans
stated that it i s not; this provision is in the present ordinance, and has
been for some time. Discussion ensued on this provision, and the possibility
of deletion was considered.
Mrs. Daviet also discussed the issue of surfacing for driveways. She agreed
that gravel and hard packed dirt can provide a surface as hard as concrete,
and suggested that well maintained gravel drives should also be included. Mr.
Schultz pointed out that in some rental properties, parking was occurring in
the front yards, and this is possibly a means to require parking only where
there is a permanent provision for parking.
Mr. Fish asked that the Commission consider whether the provisions in Title 15
are an attempt to impose city-wide covenants.
Mrs. Becker stated it is good to get some form of structure in place, and that
a good structure allows the City staff enforcement powers to address the con-
cerns of the citizenry. Mrs. Becker stated that if we want to maintain a good
quality of life, the structure must be in place to support that maintenance.
Mrs. Becker stated that parking of business vehicles should not be allowed on
residential streets.
Mrs. Daviet agreed there is a need for good guidelines. She stated there is a
need for better definitions, and flexibility. Mrs. Becker stated that the
enforcement must be consistent.
Mrs. Becker stated that the Commission must consider the impact of these pro-
visions such as storage in the rear yard where that yard abuts the front yard
of another property. Discussion ensued.
Mr. Covens pointed out that over six months of time and work was put into the
development of Title 15 by the Committee, which must be weighed against what
the Commission wants done. He stated that there seems to be no disagreement
with Chapters 1, 2, and 4, and suggested that debate be limited to the matters
of vehicles and weeds. Mrs. Becker pointed out that if the Hearing is to be
continued, the debate must be open on all issues. Brief discussion ensued.
Schultz moved:
Becker seconded: The Public Hearing on Case #1-90 be continued to March 6,
1990, at 7:00 P.M. in the Englewood Council Chambers.
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AYES:
NAYS:
ABSENT:
ABSTAIN:
Schultz, Tobin, Baumgartner, Becker, Covens, Daviet, Fish
None
Gerlick , Glynn
None
The motion carried.
IV. SPORTS CENTER
3978 South Broadway
CASE #8-89
Mrs. Romans stated that when the Planning Commission considered the Foos Ball
Sports Center in August, 1989, they requested that a report be made to them on
the operation, including the police calls to the establishment, six months
fo 11 owing approva 1 . Mrs. Romans stated that the remade 1 i ng of the premises
has been a bigger undertaking than initially thought, and the Sports Center is
not yet open for business. Mrs. Romans suggested that, inasmuch as no report
can be made at this time, that the Commission might want to request a report
six months after the date of opening, whenever that date might be. Brief dis-
cussion ensued.
Schultz moved:
Covens seconded: A report be made to the Commission on the operation of the
Foos-Ball Sports Center six months after the date of open-
ing of the Center.
AYES:
NAYS:
Tobin, Baumgartner, Becker, Covens, Daviet, Fish, Schultz
None
ABSENT:
ABSTAIN:
Gerlick, Glynn
None
The motion carried.
V. PUBLIC FORUM.
There was no one present to address the Commission.
VI. DIRECTOR'S CHOICE.
Mrs. Romans asked that new members of the Commission give their social securi-
ty numbers to the Secretary who will then forward the numbers to the Finance
Department.
Mrs. Romans stated that the City Council has changed the date of their April
2nd meeting to April 3rd, thus necessitating the Commission to reschedule
their meeting of Apri 1 3rd to another date. Mrs. Romans suggested that the
Commission could meet on Wednesday, April 4, or move the meeting to April 10.
Discussion ensued. The consensus of the Commission was to meet on April 4.
Ms. Tobin advised that she might not be in attendance at that meeting.
Mrs. Romans stated that the national conference of the American Planning As-
sociation (APA) will be held in Denver Aril 21-25. There are sufficient funds
in the budget to cover the registration fees for three members of the Commis-
sion. All other expenses (special tours and special events) would have to be
paid for by the Commissioner. One of the tours is of Little Dry Creek Plaza
and Little Dry Creek. Brief discussion ensued. Mr. Fish asked that this mat-
ter be included on the agenda for the next meeting.
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•
VII. COMMISSIONER'S CHOICE
Mrs. Tobin stated that the Housing Task Force has the final draft of their
report in hand. Mrs. Romans stated that this will be sent to the Commission
for discussion on their meeting of March 20. Mr. Schultz asked if it would be
possible to receive the report earlier than with the packet for that particu-
lar meeting. Mrs. Romans stated that the report would be sent earlier.
Mrs. Becker inquired about an educational program for new Commission members.
Mrs. Romans stated that the three of the new members had met earlier this eve-
ning with Community Development and legal staff, and that a tour of the City
will be planned.
Mr. Schultz stated that the Waste Management Task Force met earlier this eve-
ning. They are scheduling presentations by representatives of the six largest
trash companies in the metro area and will be making a recommendation on the
way to proceed in the near future.
Mr. Fish stated that the election of officers will be scheduled for the next
meeting.
Mr. Schultz stated that he would like the record to reflect his commendation
of members of the Environmental/Nuisance Code Task Force. Mr. Schultz stated
that it is evident a lot of time and work was devoted to reviewing the codes
and ordinances and compiling them into one document, and he thought the Task
Force had done a very good job.
The meeting was de~lared adjourned at 10:15 P.M.
~£~£~-tfertrude G. Welty '
Recording Secretary
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