Council Planning & Zoning Committee

Summary

Meeting Overview

The Planning & Zoning Committee met on March 1, 2011, at 1:00 p.m., with Farmer presiding. The committee addressed three agenda items during the session, taking seven votes and hearing five public comments.

The committee approved two items: the Building Inspection Task Force Report/Findings & Recommendations and a Circus & Carnivals Definition Text Amendment. A third agenda item, Items Referred to Committee, was deferred to a future meeting.

Attendance

The following individuals were present at the meeting on March 1, 2011:

• Farmer
• Ellinger
• Gorton
• Kay
• Ford
• Blues
• Beard
• Stinnett
• Henson
• Lawless
• Crowe
• Bryant
• Marinaro
• Askew
• Barbie
• Boland
• Webb
• Kerr

No absences or late arrivals were recorded.

Votes and Decisions

All motions brought before the committee passed unanimously.

Administrative Search Warrant for Building Inspection 16:45 Motion by Blues, seconded by Stinnett, to move the recommendation on administrative search warrant for building inspection to the full council passed unanimously.

Civil Penalties for Zoning Violations 22:19 Motion by Kaye, seconded by Stinnett, to forward the recommendation on civil penalties for zoning violations to the full council and incorporate into a zoning text amendment passed unanimously.

Time Limits on Construction 30:31 Motion by Gorton, seconded by Ellinger, to keep the time limits on construction issue in committee for further review passed unanimously.

Gravel Permit Issue 36:37 Motion by Blues, seconded by Henson, to keep the gravel permit issue in committee for further review passed unanimously.

Temporary Structures Text Amendment 42:08 Motion by Gordon, seconded by Blues, to forward the temporary structures text amendment to the full council passed unanimously.

Software and Application Tracking Recommendation 48:56 Motion by Beard, seconded by Kaye, to keep the software and application tracking recommendation in committee until further review passed unanimously.

Circus and Carnivals Definition Text Amendment 53:56 Motion by Gordon, seconded by Ford, to forward the circus and carnivals definition text amendment to the full council passed unanimously.

Budget and Financial Actions

The meeting included approval for a significant software purchase to support municipal operations.

Software Purchase for Code Enforcement and Building Inspection

The council approved a $1,300,000 purchase of software from Xcella for code enforcement and building inspection purposes. This system will support the city's ability to manage and track building permits, inspections, and code compliance activities.

Public Comment

Five public comments were presented during the meeting, addressing building inspection procedures, property permit handling, state code changes, temporary structure regulations, and software solutions.

Inspection Access Rights 14:30 Beard raised questions about the scope of entry rights for building inspectors, specifically asking whether inspectors can access common areas in apartment buildings and walk around properties. The response clarified that entry is only permitted with permission and that common areas are treated similarly to individual domiciles.

Bank-Owned Property Permits 31:12 Beard also inquired about how the system handles construction permits when a property is taken over by a bank following default, noting that the original contractor may no longer be involved. It was clarified that permits are voided upon bank takeover and new permits must be issued to the bank or a new contractor.

State Building Code Timeline 33:22 Henson asked about a timeline for pursuing changes to the state building code to address time limits on construction. A goal was suggested of obtaining feedback by summer to allow for follow-up discussions in August.

Temporary Structure Regulations 42:38 Kaye sought clarification on whether proposed language would prevent abuse of the 180-day rule by repeatedly taking down and re-setting up temporary structures. The clarification confirmed that the new rule limits total time to 180 days per 12-month period and requires conditional use permits for structures exceeding 60 days.

Software System Alternative 47:53 Maloney suggested a pay-as-you-go software system with state partnership as a potential alternative to the $1.3 million Xcella proposal, indicating it could be cheaper and more efficient. Maloney offered to bring this alternative solution to the committee for review.

Contested Items

The committee addressed two contentious matters during the meeting:

Separation of Zoning and Building Code Enforcement

The committee voted unanimously to forward a recommendation regarding the separation of zoning and building code enforcement functions. However, this unanimous procedural vote masked deeper disagreement about the underlying issue itself. The committee did not engage in substantive discussion about whether enforcement functions should actually be separated. Instead, the committee deferred the final decision to the administration, effectively avoiding a direct resolution of the contested matter at this time.

State-Level Changes for Construction Time Limits

The committee engaged in heated debate over the feasibility of modifying the state building code to address prolonged construction delays. Members raised significant concerns about the viability of this approach, particularly regarding the lack of buy-in from state-level officials and the inherent complexity involved in changing state code requirements. Rather than reaching a definitive conclusion, the committee voted to retain the issue within committee for continued discussion and further outreach efforts. This decision reflected the committee's recognition that additional groundwork and stakeholder engagement would be necessary before pursuing state-level changes.

Building Inspection Task Force Report/Findings & Recommendations

2:32

Councilmember Stinnett presented the findings and recommendations from the Building Inspection Task Force. The presentation covered a comprehensive review of building inspection operations and included analysis of multiple operational areas.

Areas Reviewed

The Task Force examined the following topics:

• Management structure and operations
• Zoning enforcement placement and coordination
• Safety inspection procedures
• Criminal versus civil enforcement approaches
• Time limits on construction projects
• Gravel permits
• Temporary structures
• Software tracking systems

Key Recommendations

The Task Force put forward several recommendations for operational changes:

• Separate zoning and building code enforcement functions
• Enable administrative search warrants for inspections
• Shift from criminal to civil penalties for violations
• Pursue state-level changes to address construction time limits

Outcome

The Building Inspection Task Force Report and its findings and recommendations were approved.

Circus & Carnivals Definition Text Amendment

Councilmember Henson proposed a text amendment to establish clearer distinctions between circuses and carnivals in municipal code. 50:32

Proposal Details

The amendment would restrict circuses to locations within 200 feet of residential zones and designate them as conditional uses in most business zones. This regulatory change aimed to provide more specific land use controls for these types of entertainment venues.

Key Speakers

The discussion involved Councilmember Henson, along with Gordon and Ford.

Outcome

The amendment received support from the committee and was approved to move forward to the full council for consideration.

Items Referred to Committee

22:51

The committee reviewed several items that had been previously referred for further consideration. The discussion involved committee members Stinnett, Gorton, Blues, Beard, and Maloney.

The items under review included:

• Time limits on construction
• Gravel permits
• Temporary structures
• Software tracking

The committee deliberated on these matters with the goal of determining whether to advance them or continue their review. After discussion, the committee decided to defer action on these items, keeping them in committee for further review and potential future action at a later date.