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HomeMy WebLinkAboutC10. Final Adoption Ordinance 19271 REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Planning and Policy Manager Wendy Thomas, Director of Community Development SUBJECT: Final 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: April 11, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 1927 BACKGROUND: The City Commission provisionally adopted this ordinance on March 21, 2016. One change to the ordinance was directed. The attached ordinance reflects that change. 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 208 2 Section 2: Changes the role of the historic preservation officer in relationship to the Board so that it conforms to 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 ordinance set the number of members at seven. The section also states 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 procedures to call a meeting 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 Report compiled on March 24, 2016 209 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: 210 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 211 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. 212 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. 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: Sec. 2.05.930. - Powers and duties. 213 Ordinance No. 1927, Revisions to the Historic Preservation Advisory Board Page 5 of 8 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; 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; 214 Ordinance No. 1927, Revisions to the Historic Preservation Advisory Board Page 6 of 8 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 Severability. 215 Ordinance No. 1927, Revisions to the Historic Preservation Advisory Board Page 7 of 8 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 21st day of March 2016. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ City Clerk 216 Ordinance No. 1927, Revisions to the Historic Preservation Advisory Board Page 8 of 8 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 ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 217