City Council Oversight Committee Meeting

CITY COUNCIL OVERSIGHT COMMITTEE MINUTES April 11, 2019 The City Council Oversight Committee of the City of Norman, Cleveland County, State of Oklahoma, met at 4:05 p.m.in the City Council Conference Room on the 11th day of April, 2019, and notice and agenda of the meeting were posted in the Municipal Building at 201 West Gray 48 hours prior to the beginning of the meeting. PRESENT: Councilmembers Holman and Chairman Clark ABSENT: Councilmembers Carter, Castleberry, Hickman OTHERS PRESENT: Mayor Lynne Miller Councilmember Bierman Ms. Mindy Aynes, Municipal Accountant I Mr. Terry Floyd, Development Coordinator Ms. Jane Hudson, Interim Director, Planning & Community Development Ms. Sara Kaplan, Retail Marketing Coordinator Ms. Regina Oliphant, Administrative Technician Mr. Jeff Robertson, Lieutenant, Police Department Ms. Mary Rupp, Interim City Manager Ms. Jeanne Snider, Assistant City Attorney Item 1, being: CONTINUED DISCUSSION REGARDING SHORT TERM RENTALS (COMMERICAL HOME SHARING SUCH AS AIRBNB, HOME AWAY, AND VRBO) Ms. Jeanne Snider, Assistant City Attorney, said during the last meeting regarding Short Term Rentals (STRs), staff presented a draft ordinance and the discussion included licensing and Special Use in R-1, Single Family Dwelling District. The consensus at that meeting was to move forward with a monitoring service contract with Host Compliance. Ms. Snider said Host Compliance and Short Term Rental Helper (STR Helper) have now merged as they were the industry’s two leading companies offering monitoring services. Ms. Snider said the City has executed a contract and staff participated in a kick-off conference on April 1, 2019, and launch training will take place on April 24, 2019. Chairman Clark asked about the background and experience of Host Compliance’s leaders and whether they have recommendations for ordinances. Ms. Snider said information is available on their website and she in in the process of reviewing it. She said the next time the Oversight Committee is available to meet regarding STRs the training and review will be complete and Staff will have much more information to share with the committee members. Mayor Miller said she thinks it will be very helpful to have confirmation of the location of the STRs to help guide in the creation of an ordinance. City Council Oversight Committee Minutes April 11, 2019 Page 2 Item 1, continued: The next discussion on STRs will take place at the June meeting. Item submitted for the record 1. Memo dated April 11, 2019, from Jeanne Snider, Assistant City Attorney, to the Council Oversight Committee Item 2, being: CONTINUED DISCUSSION REGARDING THE CITY OF NORMAN NOISE ORDINANCE Ms. Jane Hudson, Interim Director of Planning and Community Development, said the Noise Ordinance, Chapter 10 of the City Code, adopted by Ordinance O-7778-9, 1977, and has been amended approximately ten times, adding L-1(first percentile sound level) to the noise level chart, and other amendments varied, e.g., responsibility of enforcement to fine amounts. She said the within the ordinance are the decibel levels; however, while the L-1 category was added the decibel levels were never increased or decreased. She said this discussion began in September of 2016 with the application for Special Use for Outdoor Live Entertainment for Puebla Tacos Tequileria. She said person who want to get a Noise Variance Permit to exceed the decibel level as set forth in the Ordinance can do so, but in the past three years of discussions the Committee has not come to a conclusion regarding how it should be changed. She said Ms. Snider has done a lot of research on other cities but has not found a city’s ordinance that is hugely different from what the City of Norman has currently adopted. Ms. Snider said what she and Ms. Hudson have concluded is that the Noise Ordinance is not necessarily inadequate, but problems surround outdoor live music. Councilmember Holman said he would like to add language that addresses the base noise levels. He said the outdoor music may not be loud according to measured decibels but bass can carry for quite a distance, penetrating through walls, doors and windows. Lt. Jeff Robertson, Norman Police Department, said there is a difference between a decibel level and a frequency level. He said currently the Noise Ordinance enforces decibel levels rather than frequency levels and what Councilmember Holman referenced is frequency. He said unless the ordinance was amended to limit frequency levels, Staff would not be able to act on a disturbance, such as the bass noise, if the decibel level did not exceed the Noise Ordinance. He said there are municipalities that have adopted frequency-based ordinances. Councilmember Holman supported the Committee looking at frequency levels. Chairman Clark said she is a little uncomfortable leaving Outdoor Live Entertainment written in as Special Use vs. acknowledging it exists. Ms. Hudson said currently the language in the Zoning Ordinance for Live Entertainment is very broad and Staff recommends each type be identified separately as each has its own peculiarities. Staff is proposing definitions for Outdoor Live Entertainment, Live Entertainment, and Indoor Live Entertainment. Chairman Clark said she thought the concern was there would be a rash of outdoor live music if they formally recognized it even though it already exists in our community. Councilmember Bierman was concerned how Council would draw the line of too many if the applications came forward as Special Use. City Council Oversight Committee Minutes April 11, 2019 Page 3 Item 2; continued: Mayor Miller said Council has already approved an outdoor music venue and if Council wants to be consistent, Special Use is the way to go. She said since most cities do not allow outside music venues, she did not know of any other solution except what has already been proposed by Staff. Chairman Clark was concerned it would pit neighbors against businesses as it did with Hollywood Corners. Ms. Hudson said they do not have to include this under Special Use for C-3. She said Council has approved two, Hollywood Corners and the Mixed Use at James Garner and Symmes Street. She said the newest multi-story building that includes the Rock House neighborhood bar will be requesting outdoor live entertainment, e.g., outdoor movie night and outdoor music; but they have the ability to come forward under the CCPUD or the PUD and this does not necessarily make it easier or more difficult but it would not be within the core area or closely confined establishments in the C-3 on Main Street. She said they do not have to take that forward but would really like to have the definitions included; additionally, if there are other items the Committee would like to add Staff would be more than happen to do so. Chairman Clark asked regarding the Noise Ordinance, would they still need to add levels for outdoor or would you recommend the same apply to indoor or outdoor. Lt. Robertson said if noise is audible outside the venue, it would have the same standard as the current ordinance has, but if she was asking about measuring inside a building, the City does not have a standard for that. Mr. Tom Cotrone, 3907 Sunvalley Drive, said he believes there is a standard of 83 decibels for indoors before you have to post a sign that it may be hazardous to your health. Lt. Robertson said there might be something in place for indoor decibel levels within health care, but not something enforced by the police. Chairman Clark said one of the concerns discussed at one of the Study Session meetings was that it did not address the Noise Ordinance even though it cleaned up the Zoning Ordinance. Ms. Snider said she listened to the entire meeting but was not clear on how to fix it and to what decibel. Councilmember Bierman said Councilmember Holman is on to something with the frequency and although she may not be able to hear what kind of music a party may be listening to, she can hear the bass for certain. Lt. Robertson said there is an ordinance covering this violation; stating if the music is audible at 50 feet from the vehicle a citation is possible. Councilmember Bierman said some people reported they could hear music miles away from the Jazz in June events. She said she was sure that some of the reason is atmospheric conditions allowing the sound to travel those lengths, but frequency is something to look into. Councilmember Bierman said another suggestion was implementing a possible notification area for a permit. Ms. Snider said there are technical challenges with that, e.g., who gets notice, who pays for the ownership list, etc. Councilmember Bierman said she is suggesting a just simple notification so people in the area are aware the outdoor live music event will be happening and can plan accordingly. She feels this should happen in residential areas. Ms. Snider asked Lt. Robertson if there was a required time prior to submitting the application for a permit. Lt. Robertson said the deadline is two weeks prior to the event; however, that has not been enforced. He said if the process changes, Staff would need to enforce the two-week period to meet the time line for notifications. Chairman Clark said Staff would need to notify special events hosts that the time line is now firm. City Council Oversight Committee Minutes April 11, 2019 Page 4 Item 2; continued: Chairman Clark asked if Council wanted to include language that only one establishment will be permitted with outdoor live entertainment within a certain radius. Councilmember Bierman said they still need the Noise Variance. Ms. Hudson said if you get a PUD and you have outdoor live entertainment, as long as you are not going over the decibel you are not required to get a Noise Variance; however, if you go over the decibels and a complaint is received, enforcement will take place. Chairman Clark said she would like to include language that a certain number of complaints could result in denial of future variance requests. Lt. Robertson said it is within their discretion whether not to approve them based on previous complaints and have done so with Hollywood Corners. Chairman Clark asked Ms. Hudson explain the process for rezoning to a PUD in order to add this into their use. Ms. Hudson explained the process and costs associated are the application for re- zoning ($400); Certified Ownership List ($200); PUD or SPUD ($510); Predevelopment Meeting ($125); and running the legal notice in the Norman Transcript. Chairman Clark said so it is an investment and if this is the direction a business owner wants to take their business, they are going to make it. She thinks Staff should walk applicants and/or the downtown businesses through the process; acknowledging outdoor live music is an issue and include the Police Department in the discussion so that everyone will know about the possible changes. Councilmember Holman asked about existing live venues. Ms. Snider said there has been discussion about grandfathering them in, but did not get much further than that at the last meeting and wondered how many businesses are currently providing outdoor live music. Ms. Hudson said there are several on Main Street, e.g., Blue Bonnet, Red Brick, and BisonWiches. Ms. Pamela Jolly Stewart, 621 East Hughbert Street, said there was a complaint filed on St. Patrick’s Day and asked how Staff will regulate this and how would this change or affect the process. Lt. Robertson said complainant will be informed if they have a noise variance, but the Police Department deals with most noise issues under the Disturbing the Peace Ordinance so even if a business has a variance they are still subject to disturbing of the peace. If an individual wants to sign a disturbing the peace citation against the party or establishment making the noise, Staff cannot prevent them from doing so. Councilmember Holman said he has received several complaints on a business at Campus Corner. Ms. Snider said Kong’s on Campus Corner has been an ongoing issue. Councilmember Bierman said when Kong’s moved into Midtown in Oklahoma City, there were several businesses that threatened to relocate out of the building where Kong’s located. Councilmember Holman said there is an apartment building next door to the Kong’s on Campus Corner and it has always been a problem for the residents. Chairman Clark said if she is understanding all discussions today, Council is comfortable leaving it in the PUD/SPUD process, eliminating the C-3, and adding definitions to help the Planning Department during the application process to specifically clarify what the applicant is agreeing to; i.e., compliance with the Noise Ordinance. She said Staff is going to do some research on frequency for the Committee to see if it is something Council wants to add since most concerns are bass related. Ms. Hudson said she is not taking this forward until they obtain the research on frequency in case they want to include that in the definition of Outdoor Live Entertainment or even Indoor Live Entertainment as far as bass noise is concerned. City Council Oversight Committee Minutes April 11, 2019 Page 5 Item 2; continued: Item submitted for the record 1. Memo dated April 11, 2019, from Jane Hudson, Interim Director, Planning & Community Development and Jeanne Snider, Assistant City Attorney, to the Council Oversight Committee 2. Attachment: Noise Ordinance, Chapter 10 of the City Code ***** ADJOURNMENT: The meeting adjourned at 4:55 p.m.