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HomeMy WebLinkAboutA5. Ordinance 1927 HPAB1 REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Planning and Policy Manager Wendy Thomas, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 1927, amending Chapter 2, Article 5, Division 6, Historic Preservation Advisory Board to revise membership, duties of the Board, staffing, powers and duties, and meeting provisions. MEETING DATE: March 21, 2016 AGENDA ITEM TYPE: Action RECOMMENDED MOTION: I move to provisionally adopt Ordinance 1927. RECOMMENDATION: Provisional adoption of Ordinance 1927 BACKGROUND: The current authorization for the Bozeman Historic Preservation Advisory Board is codified in Chapter 2, Article 5, Division 6 of the Bozeman Municipal Code. In 1985, the City Commission passed Ordinance 1180 which establish the Bozeman Historic Preservation Advisory Commission. The ordinance established purposes, membership, and procedures. There were nine members. The composition of the group was changed and the membership was expanded by Ordinances 1252 (1987) and 1454 (1998). Membership is presently at 15 persons. The name is now the Bozeman Historic Preservation Advisory Board (Board). The large number of members has caused difficulties in meeting quorum requirements. This impedes the ability of the Board to conduct it business and advance the purpose of historic preservation. In the fall of 2015, the Board began to consider potential revisions to the Board’s membership and duties. Revisions to the Board’s bylaws were also considered. The purpose of the changes are to enable the Board to be more effective in advancing its responsibilities for historic preservation, to reduce the membership of the Board to better enable quorums, and to remove some old code language which conflicts with the City’s charter. Section 1: This revises the basic purposes of the Board. Most changes are wordsmithing to improve clarity. One change specifically includes cultural resource surveys as part of the historic preservation program’s role. Cultural resources surveys provide the basic data needed to create historic districts and evaluate whether a property is historically significant or simply old. Commission Memorandum 491 2 Section 2: Changes the role of the historic preservation officer in relationship to the Board so that it conforms with the City Charter. The City Charter specifies that the City Manager hires and supervises all City employees. Section 3: This section establishes the number of members and qualifications for membership of the Board. The minimum number in statute for a historic preservation commission is five. The current municipal code sets the Board membership at 15. The Board recommended nine members, the Director of Community Development recommends seven in the ordinance draft. The same qualifications apply to either number of members. The membership qualifications bring a broad range of professional skills and citizen interests to the Board. The section also changes how a quorum is calculated. Section 4: Makes the selection of the historic preservation officer conform to City Charter provisions regarding hiring. Also specifies professional qualifications for the historic preservation officer. Section 5: Revises the required frequency of meetings from monthly to quarterly. Meetings can be held more frequently than quarterly if desired. Quarterly is the state required meeting frequency. The procedures to call a meeting are revised to follow the standard City protocols. Section 6: The powers and duties of the Board are clarified and consolidated. The remaining sections are procedural for the adoption of an ordinance. Notice of the proposed ordinance was published in the Bozeman Daily Chronicle. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Final adoption Ordinance 1927 as presented and recommended. 2) Do not adopt the ordinance. 3) Revise the ordinance prior to adoption. FISCAL EFFECTS: None Attachments: Ordinance 1927 Minutes of October 13, 2015 Report compiled on March 7, 2016 492 Page 1 of 8 ORDINANCE NO. 1927 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA REVISING CHAPTER 2, ARTICLE 5, DIVISION 6, BMC TO CHANGE THE OBJECT, DEFINITIONS, COMPOSITION, STAFFING, MEETING PROVISIONS, AND POWERS AND DUTIES OF THE HISTORIC PRESERVATION ADVISORY BOARD. WHEREAS, the State of Montana has established a policy to protect and preserve the history of the state and has created procedures and practices to do so through 22-3-101, MCA and other portions of state law; and WHEREAS, The City of Bozeman adopted Ordinance 1180 in 1985 to create a Historic Preservation Commission; and WHEREAS, The City of Bozeman adopted Ordinance 1252 in 1987 to revise the number of members; and WHEREAS, The City of Bozeman adopted Ordinance 1454 in 1998 to revise the name and number of members, and to expand the duties; and WHEREAS, The City of Bozeman has determined it to be appropriate to further revise the membership and responsibilities of the Historic Preservation Advisory Board; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: 493 Ordinance No. 1927, Revisions to the Historic Preservation Advisory Board Page 2 of 8 Section 1 That Section 2.05.860 of the Bozeman Municipal Code be amended as follows: Sec. 2.05.860. - Object. This division is designed as a measure to establish a local historic preservation program designed to promote and protect the preservation of historic and prehistoric sites, structures, objects, buildings and historic districts by addressing historic preservation issues at the local level and integrating them into local, state and federal planning and decision-making processes. The historic preservation program will include the identification and evaluation and protection of historic resources within the city. through regularly enacted cultural resource surveys. Section 2 That Section 2.05.880 of the Bozeman Municipal Code be amended as follows: Sec. 2.05.880. - Definitions. A. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: 1. "Historic preservation advisory board" means the board created by this division and appointed by the local government of the city which is responsible for creating and administering a historic preservation program. 2. "Historic preservation officer" hereinafter called "preservation officer" means the official appointed by the local government who is charged with the responsibility of acting as staff liaison to the historic preservation advisory board. Section 3 That Section 2.05.890 of the Bozeman Municipal Code be amended as follows: Sec. 2.05.890. - Establishment and quorum. A. In order to carry out the purpose of this division, an historic preservation advisory board is created. All historic preservation advisory board members shall have a demonstrated interest, competence or knowledge in historic preservation. Information on the credentials of the historic preservation advisory board members must be kept on file in the office of the city 494 Ordinance No. 1927, Revisions to the Historic Preservation Advisory Board Page 3 of 8 clerk and available during regular office hours for inspection by the public. This historic preservation advisory board shall consist of up to 15 7 members, as follows: 1. At least three but not more than four members shall meet the Secretary of the Interior’s Professional Qualification Standards with professional expertise in the disciplines of history, planning, archaeology, architecture, architectural history, historic archaeology, or other historic preservation-related disciplines such as cultural geography or cultural anthropology., provided, however, that at least one member shall be an architect holding state or NCARB registration. Retired professionals shall be given consideration equal to that of practicing professionals. Residency within the city shall not be a prerequisite for membership as a professional representative. 2. At least one member two but not more than four members shall be representatives living in a Bozeman historic district, on file at the city planning office. As new members are chosen to replace those whose terms have expired, an effort should be made to ensure adequate distribution of representation among the districts. A member may be chosen from a locally designated historic district if strong interest exists among residents of a particular district. an architect holding state or NCARB registration. Retired professionals shall be given consideration equal to that of practicing professionals. Residency within the city shall not be a prerequisite for membership as a professional representative. 3. One representative for the commercial neighborhood. This representative shall operate a business or own property in the neighborhood described as Main Street — the commercial area of downtown Bozeman. At least one member shall live in or own property in a Bozeman historic district, on file at the city planning office. A member may be chosen from a locally or nationally designed district. 4. At least four, but no more than six members shall be at-large representatives. Residency within the city shall not be a prerequisite for membership as an at-large representative who reside or own property within the City limits. 5. Quorum. A quorum shall be comprised of a minimum of 50 percent of the appointed members, of which at least two one shall be a professional members. Section 4 That Section 2.05.910 of the Bozeman Municipal Code be amended as follows: Sec. 2.05.910. - Staff. A. The preservation officer for Bozeman shall act as staff liaison to the historic preservation advisory board. The preservation officer will shall be appointed by the historic preservation advisory board with the concurrence of the city commission be employed by the appropriate city department. In addition, the preservation officer may be employed by the appropriate city department. A member of the historic preservation advisory board may be invited to participate in the City’s process for selection and hiring of a Preservation Office when the position is vacant. 495 Ordinance No. 1927, Revisions to the Historic Preservation Advisory Board Page 4 of 8 B. The preservation officer must have a demonstrated interest, competence or knowledge in historic preservation shall satisfy the Secretary of the Interior’s Professional Qualification Standards. C. Duties of the preservation officer include coordinating the local historic preservation programs, helping in the development of local surveys, projects and historic preservation planning documents, advising and providing assistance to the local historic preservation advisory board, government agencies and the public, and ensuring to the extent practicable, that the duties and responsibilities delegated by this division are carried out. Section 5 That Section 2.05.920 of the Bozeman Municipal Code be amended as follows: Sec. 2.05.920. - Meetings; notice of meetings. A. The historic preservation advisory board shall conduct a minimum of one regularly scheduled meeting each month quarter. except that The chairperson may cancel any meeting or schedule special meetings when such meetings are necessary to carry out the provisions of this division, in accordance with City Advisory Board noticing requirements. Regularly scheduled meetings shall be held at such place, day and hour as may from time to time be fixed by the board. Written notice of special meetings shall be personally served on each member or left at the member's usual place of residence at least 24 hours before the time set for the meeting. The presiding officer, a majority of the board or the staff liaison may call special meetings of the board, upon at least forty eight (48) hours notice to each member personally served on each member through email or left at the member’s usual place of residence and also notice to the public by, at a minimum, posting the agenda on the City’s website and posting board. B. Requirements for public notice of meetings of the historic preservation advisory board shall be determined by the chairperson in consultation with the Bozeman city attorney. All meetings shall be open to the public in accordance with the Montana State Open Meeting Law. Notice of the meetings should be calculated to reach all interested and affected members of the community. C. The historic preservation advisory board shall establish its own bylaws conforming to the guidelines set forth in the "Certified Local Government Program in Montana" and by the City of Bozeman. and make a All written or taped minutes, reports and case decisions are available to the public. Section 6 That Section 2.05.930 of the Bozeman Municipal Code be amended as follows: 496 Ordinance No. 1927, Revisions to the Historic Preservation Advisory Board Page 5 of 8 Sec. 2.05.930. - Powers and duties. A. The historic preservation advisory board shall have the powers and duties to: 1. Maintain a system for the survey and inventory of historic and prehistoric properties. The historic preservation advisory board shall maintain this inventory of identified districts, sites and/or structures within the city and make this information available to the public; Advocate for the maintenance and updating of the survey and inventory of historic and prehistoric properties. The Board will make an annual recommendation prioritizing areas or sites within the City Limits for cultural resource survey work. 2. Use the National Register of Historic Places criteria for designation of properties as a historic district or site and shall apply these criteria for local designation of historic and prehistoric properties; 3. Participate in the process of nominating to the National Register of Historic Places according to the Montana State Regulations for Certified Local Governments, section VI, (B). This includes reviewing and commenting on any national register nominations on property within the city; 4. Review and comment on planning programs undertaken by the city, zoning commission, city planning board, and state and federal agencies which relate to historic resources such as land use, municipal improvements, housing and other public programs. This review and comment shall be scheduled within time lines in place for whatever action is being taken; 5. Consult with city, state and federal agencies on all applications, environmental assessments, environmental impact statements and other similar documents pertaining to historic districts, landmark sites, landmarks or neighboring properties within the city. Comments by the historic preservation advisory board shall be sent to the state historic preservation office; 6. Review the local zoning regulations for their applicability to the characteristics of the proposed historic districts, and make recommendations to the appropriate advisory body or decision-making body concerning any changes or modifications to the zoning regulations and zoning district boundaries through the historic preservation officer; 7. Make recommendations to the board of adjustment or city commission regarding variance applications within any historic overlay zone; 3. Review and comment on: a. Planning and zoning programs undertaken by the city, state and federal agencies which relate to historic resources. This review and comment shall be scheduled and occur within time lines established for whatever action is being taken; b. Environmental assessments, environmental impact statements and other similar documents pertaining to historic districts, landmark sites, or landmark properties within the city. To facilitate interagency cooperation, a copy of comments by the historic preservation advisory board provided to state or federal agencies may be sent to the state historic preservation office. Transmittal of comments shall be through the historic preservation officer; 497 Ordinance No. 1927, Revisions to the Historic Preservation Advisory Board Page 6 of 8 c. Make recommendations to the appropriate advisory body or decision-making body concerning any changes or modifications to the zoning regulations and zoning district boundaries. Transmittal of comments shall be through the historic preservation officer; d. Upon request of the reviewing authority make recommendations to the review authority regarding zoning applications pertaining to historic properties and which require public notice. e. Proposals to nominate properties to the National Register of Historic Places according to the Montana State Regulations for Certified Local Governments, section VI, (B). This includes reviewing and commenting on any national register nominations on property within the city; 48. Render advice and guidance upon request of the property owner as to the restoration, alteration, decoration, landscaping or maintenance of potentially historic buildings or structures. The historic preservation advisory board may create voluntary design guidelines which will be made available to the public for assistance in preservation projects; 59. Participate in, promote and conduct public information, educational and interpretive programs pertaining to historic preservation; 610. Review and process applications for tax abatement pursuant to the provisions of chapter 424 of the Laws of 1989 of the State of Montana as codified by MCA 15-24-1601 et seq. Section 7 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 8 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 9 498 Ordinance No. 1927, Revisions to the Historic Preservation Advisory Board Page 7 of 8 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 10 Codification. This Ordinance shall be codified as indicated in Section 1 – 6. Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 2016. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2016. The effective date of this ordinance is __________ __, 2016. _________________________________ CARSON TAYLOR Mayor 499 Ordinance No. 1927, Revisions to the Historic Preservation Advisory Board Page 8 of 8 ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 500 1 Preservation Advisory Board minutes October 13, 2015 6:00 pm Upstairs Conference Room of the Stiff Professional Building 20 East Olive Street, Bozeman, Montana Mark, Pat, Courtney, Kelsey, Merri, Chris Saunders, Commissioner Andrus; Lora Dalton (6:21 pm) Minutes taken by Courtney Kramer, HPO A. Meeting called to order 6:04pm B. No changes to the agenda C. Disclosure of Ex Parte Communication Merri K. mentioned that she’ll be doing some volunteer transcription for the Extreme History Project. It seems unlikely there will be a conflict. D. Public Comment – Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Committee. There will also be an opportunity in conjunction with each action item for comments pertaining to that item. Please limit your comments to three minutes. No public comment E. Minutes – approval of minutes from September 8, 2015 MH moves approval of the minutes, PJ seconds. Motion passes. F. Introduction of Invited Guests/Special Presentation CK introduction of Chris Saunders. csaunders@bozeman.net G. Action Items 1. Action Item 1 election of new board secretary KM describes the need for a board secretary. Discussion of doing a “permanent” appointment vs. a temporary secretary until Board elections in January. Merri agrees to serve as a board secretary until January. MH nominates MK; PJ seconds. Motion passes. MK to serve as temporary secretary until January 2016. 2. Action Item 2: Recommendation of revisions to Division 6 of Article 5 of the Bozeman Municipal Code (BMC), “Historic Preservation Advisory Board” to the City Commission. 501 2 Discussion of the board between Sec. 2.05.890 “Establishment and quorum” CA: Why 9 members? Is that realistic within the community’s participation with the board; will the board be able to achieve quorum. Discussion of sec. 2.05.920 Meetings, notice of meetings Recommendation to have meetings quarterly. PJ notes the potential for board membership to lose interest if the board doesn’t meet routinely. Would prefer to see it remain monthly. MH notes the requirement of the state funding to meet quarterly. Would prefer the board meet monthly in an effort to be more active. MK: Needs to be monthly in the context of keeping the ball rolling on events. LD: MH makes a good point; if Board wants to be a functional entity that accomplishes things, we have to meet monthly. If we’re here to check off the paperwork to meet the State grant, we could meet monthly but we owe it to the Community to be more active. Discussion of fund raising. CK notes that the Bicycle Advisory Board, which though Commission resolution 4246 is authorized to raise funds for education and outreach. CK suggests going that route rather than including a specific funding mechanism in the ordinance. General agreement. PJ: seemed like there were more discussion points last week? CA question on defining the professional standards? Edit to add SOI professional qualification standards for the professionals appointed to the board. LD: I move to approve the modifications to Sec. 2.05.860 “Object,” 2.05.890 “Establishment and Quorum,” 2.05.910 “Staff,” 2.05.920 “Meetings and Notice of Meetings” and 2.05.930 “Powers and Duties,” as recommended by Staff and discussed by the Preservation Board. MK seconds Discussion: CA asks what happens after Board’s recommendation. CS notes Staff will add it to a City Commission agenda for approval in the near future. KM calls the vote: motion passes. 3. Action Item 3: Recommendation of revisions to Division 3 of Article 6 the Bozeman Municipal Code (BMC), “Tax Abatement” to the City Commission Discussion of modifications to tax abatement ordinance. Discussion of how the ordinance is better suited for commercial projects than residential projects. 502 3 PJ Motions: I move to approve the modifications to Sec. 2.06.350 “Intent,”02.06.380 “Procedures” and Sec. 2.06.390 “Standards,” as recommended by Staff and discussed by the Preservation Board. LD seconds Motion passes 4. Action Item 4: Adoption of new Rules of Procedure to replace existing bylaws. CK notes it’s mostly boilerplate modifications PJ: I move to adopt the new Rules of Procedure as directed by the City Attorney’s office, recommended by Staff and discussed by the Preservation Board. LD seconds Motion passes 5. Action Item 5: Approval of memo to the City Commission reporting on the 2015 Preservation Awards and recommending modifications and a budget request for the 2016 Preservation Awards. Discussion between staff and Commissioner Andrus about making budget requests; CA would prefer to see them as a part of the annual Community Development Department budget. LD moves to approve the memo to the City Commission reporting on the status of the 2015 Preservation Awards and requesting a budget for the 2016 Preservation Awards. PJ seconds Motion passes. H. FYI/Discussion 1. Preservation Awards LD: how many people are we expecting for the awards as she calls the caterers to ask for donations of snacks. Modifications to the Eligibility and Application. Hopes by adding the form by early January we’ll get better nominations. Nomination form authorized for approval. CK will forward to Marina for inclusion and to “go live” in early January. 2. NCOD Report on NCOD evaluation. Draft report due on October 19th. Scheduled for City Commission meeting on December 14th? 503 4 KM: Do we want to schedule a special meeting to provide comment on the NCOD evaluation? CK explains rest of the calendar and suggest the board provide comment. MK thinks it’s important for the board to give an official comment. Suggests the Board members plan to attend the December 14 meeting to provide comment. Next BHPAB meeting scheduled for Wednesday, November 4 at 6pm in the Stiff Professional Building. Suggestion to have the document available to the Board as early as possible in advance of the Board meeting. PJ will suggest the consultant team include a summary. CS notes that the Code amendments for demolition have been sent to the City Attorney’s office for review. The plan is to have that completed by the end of this year. 3. Recruitment CK notes that the Extreme History Project had suggested community members interested in preservation apply for membership. LD is working to develop a new member. PJ: Should we ask Extreme History Project if we could do an ad on their facebook? CK to do an ad on our facebook? LD to contact a group on the MSU campus interested in sustainability. CK to draft a short blurb with link to application. Will ask it do go through all the normal media routes. 4. Historic Preservation Officer report - CK’s departure on the 15th of October. Chris Saunders the interim point of contact: csaunders@bozeman.net / 406-582-2267 - Montana History Conference Report - Reconnaissance Survey I. Adjournment- 7:51pm POJ moves to adjourn LD seconds Motion passes This board generally meets the second Tuesday of the month from 6:00 to 8:00 PM in the Upstairs Conference Room of the Stiff Professional Building at 20 East Olive Street in Bozeman. Preservation Board meetings are open to all members of the public. If you have a disability and require assistance, please contact our ADA coordinator, Chuck Winn (TDD 582-2307). 504