HomeMy WebLinkAbout04-19-02
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
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TQ:
Heritage Preservation Commission
FROM:
Karen Finstuen, Administrative Services Manager
SUBJECT:
Special Heritage Preservation Commission Meeting
DATE:
April 19, 2002
There will be a special Heritage Preservation Commission meeting on April 25, at 7:00 p.m. in the
Council Chambers. The purpose of the meeting is to discuss NAPC Conference Scholarship, and a
proposed ordinance regarding demolition permits.
If you have questions or comments, please contact me at City Hall.
Respectfully submitted,
Jw-~
Karen Finstuen
Administrative Services Manager
cc: Farmington Independent
Dakota County Tribune
Lakeville Life & Times
Joel Jamnik
Management Team
POST
Receptionist
City of Farmington
325 Oak Street
Farmington, MN 55024
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AGENDA
HERITAGE PRESERVATION COMMISSION MEETING
APRIL 25, 2002
7:00 P.M.
CITY COUNCIL CHAMBERS
1. Call to Order
2. Approval of Agenda
3. Approval of Minutes of January 10,2002, Meeting
4. Public Hearings - none
5. Reports - none
6. Project Update
a. Preservation Week award
b. Middle Creek Historic Cemetery fieldtrip
7. Unfinished Business - none
8. New Business
a. NAPC Conference Scholarship
b. Proposed Ordinance regarding demolition permits
9. Miscellaneous
10. Adjourn
MEMORANDUM
18 April 2002
TO: Heritage Preservation Commission
FR: Robert Vogel, Preservation Planning Consultant
RE: NAPC Conference Scholarships
The Minnesota Historical Society has announced that it will consider grants to city heritage
preservation commissions for use as "scholarships" to enable commission members to attend the
National Alliance of Preservation Commissions (NAPC) conference in San Antonio, Texas, 1-4
August 2002. The scholarship grants can be used for conference registration, air fare, hotel,
meals, and other direct expenses. The state is encouraging cities to send more than one HPC
member.
The NAPC conference is held every two years and brings together hundreds of heritage
preservation commission members from around the country. I participated in the 2000 "forum" in
Pittsburgh and it was one of the best preservation conferences ever. The 2002 forum promises
to be an excellent learning opportunity for Farmington's HPC members, including those recently
appointed to the Commission (there will be a new HPC member "track" at the San Antonio
conference).
The grants require no city matching funds and will awarded on a first come, first served basis.
If you would like to attend the NACP conference, and can commit to representing the city in San
Antonio on 1-4 August, please do not hesitate to contact Karen Finstuen or myself.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
SUBJECT: Proposed Ordinance Regarding Demolition Permits
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TO: ...City Planning Commission
FROM: Kevin Carroll, Community Development Director
DATE: April 23, 2002
INTRODUCTION
The Community Development Department is recommending that the City Code be amended to include
provisions regarding the issuance of demolition permits.
DISCUSSION
As cities "mature," and as available land becomes scarcer and/or more expensive, the potential redevelopment
of existing residential, commercial and industrial properties receives an ever-increasing amount of attention.
Many redevelopment scenarios involve the proposed demolition of existing building and structures. One
example would be the recently proposed redevelopment of the HRA-owned property located at the corner of
3rd Street and Spruce Street, which (under the current proposal) would also involve the acquisition and
demolition ofthe adjacent Blaha Collision Center.
The State Building Code and the City's general "police powers" give the City the obligation and the authority
to regulate the demolition of buildings in a manner that ensures the health, safety and general welfare of the
public. However, the City Code includes very little useful guidance for City staff and for developers regarding
the specific procedures and requirements for the issuance of demolition permits.
Attached hereto is a proposed ordinance that would amend Title 4 [Building Regulations] of the City Code by
adding a new chapter [Chapter 6] outlining the steps that a property owner or developer would have to follow
in order to obtain a demolition permit. Several of the provisions are patterned after demolition ordinances that
have worked effectively in the City of Minneapolis. Other provisions are based upon suggestions and input
offered by the City Attorney, the Engineering Division, the Building Inspections Division, the Planning
Division, the Heritage Preservation Commission's consultant, and others.
There are four properties in Farmington that have been formally designated by the City Council as "heritage
landmarks" (see attached list). Under Section 2-11-5 of the City Code (attached), a demolition permit for
these properties cannot be issued unless a "certificate of appropriateness" has been granted by the City's
Heritage Preservation Commission. However, this provision would not apply to any proposed demolition of
the three Farmington properties that have been listed in the National Register of Historic Places, or to any
proposed demolition of the twelve Farmington properties that the Farmington Heritage Preservation
Commission has determined to be eligible for designation as heritage landmarks.
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In Minneapolis, the Heritage Preservation Commission [under Section II? .30( d) of the City Code] has the
power to unilaterally veto the proposed demolition of any building or structure in the City, without regard to
whether or not it has been formally designated as a heritage landmark. Section 4-6-10 of the new ordinance
proposed for Farmington does not go that far. It does not give the Farmington Heritage Preservation
Commission any new "veto power" over the issuance of demolition permits, nor does it absolutely prohibit the
demolition of a property that is on the National Register of Historic Places or a property that has been
determined by the Farmington HPC to be eligible for designation as a Farmington heritage landmark. Rather,
Section 4-6-10 provides that a demolition permit for any such property will not be released until the City
Council has approved whatever redevelopment plan necessitated consideration of the proposed demolition in.
question. Staff believes that this provision strikes a reasonable balance between the interests of property
owners/developers and the interests of those who would prefer to avoid the premature loss of historically
significant local landmarks.
ACTION REQUESTED
Motion to recommend approval of the proposed Ordinance Amending Title 4 of the City Code By Adding
A New Chapter [Chapter 6] Concerning Demolition.
II
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ORDINANCE NO.
CITY OF FARMINGTON
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 4 OF THE CITY CODE
BY ADDING A NEW CHAPTER [CHAPTER 6] CONCERNING DEMOLITION
THE CITY COUNCIL OF THE CITY OF FARMINGTON ORDAINS:
SECTION 1. Title 4 of the Farmington City Code is amended by adding a new
Chapter [Chapter 6], which shall read as. follows:
SECTION:
4-6-1 :
4-6-2:
4-6-3:
4-6-4:
4-6-5:
4-6-6:
4-6-7:
4-6-8:
4-6-9:
4-6-10:
4-6-1 :
4-6-2:
Permit Required
Permit Exceptions
Permit Application Requirements
Signage Requirements
Supervision by Building Official; Stop Work Orders
Required Procedures
Prevention of Nuisances
Financial Security
Fee
Demolition of Certain Historic Structures
PERMIT REQUIRED: Pursuant to the State Building Code, as adopted and
enforced by the City, no person shall commence or proceed to wreck, demolish or
tear down any building or structure within the city, except as hereinafter provided,
without first having obtained a permit from the city's Building Official. Further,
no person shall remove or salvage any building fixture(s) from the building or
structure to be demolished until the permit required by this chapter has been
obtained.
PERMIT EXCEPTIONS: No permit shall be required for the wrecking,
demolishing or tearing down of a private shed, garage or freestanding accessory
building (except with respect to those located on properties identified in Section
4-6-10). Further, and except as provided elsewhere herein, this chapter shall not
apply in cases where partial demolition is necessary in connection with a minor
remodeling or altering of an existing building.
4-6-3:
4-6-4:
PERMIT APPLICATION REQUIREMENTS: The demolition permit
application shall be signed by the owner of the property. If the applicant is a
person other than the owner of the property, the application shall also be signed
by the property owner. In addition to any requirements that may be specified in
'''the State Building Code for demolition permits, the application shall include the
following information:
(A) Names, addresses and telephone numbers of the property owner, the
applicant (if different than the property owner), and the demolition
contractor.
(B) Street address and legal description of the property on ~hich the building
or structure in question is located.
(C) A separate, written Demolition Plan that includes:
1. The proposed starting and ending dates of the demolition process.
2. The proposed hours of operation of the demolition process.
3. Evidence that the demolition contractor is licensed, bonded and
insured. Any applicable policies of insurance shall not contain any
"XC" (explosion, collapse) exclusions.
4. Information about the steps that the applicant has taken to identify
and dispose of actual or potential contaminants t0cated within the
building or structure in question.
5. A proposed traffic control plan (if the proposed demolition will
affect the use of a street, sidewalk or other public right-of-way).
6. Information about the proposed dump site(s) for the demolition
debris and the proposed route(s) for transporting demolished
material(s) away from the demolition site.
7. Proposed utility disconnection procedure( s).
8. Proposed access control procedures (fencing, security, etc.)
9. A dust control plan.
SIGNAGE REQUIRED: Before any demolition work is commenced, and
throughout the progress of same until the completion thereof, the permit applicant
shall place and maintain in a conspicuous place on the premises a sign not less
than three (3) feet by three (3) square, on which shall be posted a statement as to
who is conducting the demolition, giving the name and telephone number ofthe
person who is performing the work.
4-6-5:
4-6-6:
4-6-7:
4-6-8:
4-6-9:
SUPERVISION BY BUILDING OFFICIAL; STOP WORK ORDERS: All
wrecking, demolishing or tearing down of buildings or structures within the city
shall be subject to the supervision of the Building Official and to such reasonable
restrictions as the Building Official may impose to avoid all preventable hazards
to life, property or health. The Building Official may stop the demolition of any
building or structure whenever, in the Building Official's judgment, the same is
~being done in a reckless, careless, unsafe or improper manner, or in violation of
any provision(s) of the City Code and/or state law, and may order all persons
engaged in the demolition process to stop and desist therefrom until such time as
the Building Official determines that the work will be resumed in a manner that is
safe and consistent with the requirements of the City Code and/or state law.
REQUIRED PROCEDURES: The wrecking, demolishing or tearing down
of any building or structure shall be complete and shall include the removal of all
foundations, footings and floor slabs. All fixtures and personal property located
within the demolished building or structure shall be removed from the site. The
person doing the demolition shall remove all steps, stoops, private sidewalks,
accessory buildings and hard-surfaced driveways unless such removal is
specifically exempted by the Building Official. The excavation remaining after
the removal of all demolition debris shall be filled to the level of the surrounding
grade with clean, properly compacted granular-type fill material. A topping of
soil of a sufficient depth and quality so as to enable groundcover to grow shall be
provided. Suitable groundcover shall be provided within sixty ~60) days after the
completion of the demolition.
PREVENTION OF NUISANCES: Each person engaged in the wrecking,
demolition or tearing down of any building or structure within the city shall
conduct said work in such a manner as not to create a nuisance to persons on
public streets or on neighboring property. Materials removed from the structure
shall not be permitted to fall into streets, alleys, or adjacent property or otherwise
create a nuisance.
FINANCIAL SECURITY: The applicant shall, prior to the release of the
demolition permit, file with the city a surety bond (or other security acceptable to
the city) in an amount determined by the Building Official. The surety bond shall
indemnify and hold the city harmless from all damages, judgments, losses, claims,
suits or liabilities of any kind arising out of the demolition of the building in
question. The surety bond shall be approved by the City Attorney prior to the
release of the demolition permit. The surety bond shall not be cancelled except
upon ten (10) days' written notice to the city.
FEE: The demolition permit application fee shall be as established by the City
Council in its annual fee resolution, and shall be paid in full prior to the release of
the demolition permit.
4-6-10:
DEMOLITION OF CERTAIN HISTORIC PROPERTIES: For any
property included within one of the following categories, no permit for the
wrecking, demolition or tearing down of such property shall be released by the
City until the City Council has granted final approval of a redevelopment plan
that is conditioned upon the wrecking, demolition or tearing down of such
~property :
(A) Properties listed in the National Register of Historic Places.
(B) Properties designated by the City Council as heritage landmarks.
(C) Properties determined by the Farmington Heritage Preservation
Commission to be eligible for designation as heritage landmarks.
SECTION 2. This ordinance shall be effective immediately upon its passage.
ADOPTED this
Farmington.
day of
, 2002, by the City Council of the City of
CITY OF FARMINGTON
'.
BY:
Gerald G. Ristow, Mayor
ATTEST:
HISTORIC PROPERTIES LIST
Properties Listed in the National Register of Historic Places
Exchange Bank Building, 344 - 3rd Street
Daniel F. Akin House, 19185 Akin Road
Church of the Advent (Episcopal), 412 Oak Street
Properties Designated Farmington Heritage Landmarks
Fletcher Building, 345 - 3rd Street
Farmington State Bank Building, 320 - 3rd Street
Masonic Temple Building, 324-328 - 3rd Street
Hamilton Clay House, 621 Oak Street
Properties Determined Eligible for Nomination as Heritage Landmarks
Lyric Theater, 314 Oak Street
St. Michael's Church (Catholic), 5th and Spruce
Old St. Michael's Church (Catholic), 104 Elm Street
House, 408 Oak Street
House, 421 Oak Street
House, 509 Oak Street
House, 520 Oak Street
Dr. Rogers House, 521 Oak Street
House, 612 Oak Street
House, 409 Spruce Street
House, 500 Spruce Street
Middle Creek Estates Historic Cemetery (Presbyterian Cemetery)
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2 -11 -4
2-11-5
(b) That are associated with the lives of persons or groups
significant in our past; or
(c) That embody the distinctive characteristics of a type, period,
or method of construction, or that represent the work of a master
.builder, or that possess high artistic values, or that represent a
significant and distinguishable entity those components may lack
individual distinction; or
(d) That have yielded, or may be likely to yield, information
important in prehistory or history.
2. The singular physical appearance, historic character or aesthetic
value of an established or familiar feature of a neighborhood or
community within the City.
(8) Findings Of Significance: The HPC shall determine if an historic
property is eligible for designation as a Farmington heritage
landmark and issue a written finding of significance.
(C) Council Designation, Hearings: The City Council, upon
recommendation of the HPC, may by resolution designate a
Farmington heritage landmark. Prior to such designation, the City
Council shall hold a public hearing, notice of which shallllave been
published in the official newspaper at least ten (10) days prior to the
date of the hearing and mailed notice sent to the owner(s) of the
property which is proposed to be designated a heritage landmark
and to all owners of property lying adjacent to the historic property.
(D) Communication. With The Minnesota Historical Society: Prior to
designating a Farmington heritage landmark, the City shall forward
information concerning the proposed designation to the Minnesota
Historical Society for review and comment in accordance with MSA,
section 471.193.
(E) Designation Of Heritage Landmarks On The Zoning Map: The City
shall place designated Farmington heritage landmark properties on
the Official City Zoning Map. (Ord. 099-422, 2-16-1999)
'~-'--~====----_.._-..........-......
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2-11-5: ( DESIGN REVIEW: ,)
-.'.,..... ._.-...._.-..........~,...~
---- ..~.. .... .-.....-
(A) Review.-6-r---.Permits: The HPC shall review and make
recommendations to the City Council concerning the issuance of City
599
City of Farmington
2-11-5
2-11-5
permits to do any of the following in relation to a property designated
as CiFarmington heritage.Jandmark:.... .........
/..........~.,.>. ' '-.-. -._...._~......-..~............
~ (.....~:...~emolition of an historic building or structure. ---...')
_......._.._~...~.....-._.....~...h..'._'R...._.__.___...._.." . . _, '_,' _..' '._ .._...__.~_._------""
2. Moving an historic bUi.ldfn-g:stru.ciLire.;-'or object.
(B)
:3:> (C)
(D)
3. New construction of a principal building or accessory structure.
Alterations: The HPC shall determine whether the proposed activity
will alter, disturb, deface or materially change the appearance or use
of a heritage landmark. The HPC may recommend to the City
Council conditions for permit approval that it deems reasonable and
appropriate.
Certificate Of Appropriateness: No permit will be issued by the City
unless a certificate of appropriateness has been granted by the HPC.
A copy of the certificate of appropriateness shall be attached to the
permit when issued, and a copy filed with the City Building Official. A
certificate of appropriateness shall become void twenty four (24)
months after issuance unless a City permit has been issued.
Development Projects: Every application for a preliminary or final
plat, variance or conditional use permit in relation to a 'significant
historic property in the City shall be reviewed by the HPC' and their
recommendation shall be forwarded to the Planning Commission for
consideration in making their recommendation to the City Council. In
determining whether or not a project will have an adverse effect
upon a significant historic property, the HPC shall consider the
following factors:
1. Whether the development will substantially alter the appearance
of an historic building, site, structure, object or district so as to
remove the features which distinguish the historic property as a
heritage landmark; and
2. Whether the use of the property will destroy, disturb or endanger a
known or suspected archeological feature.
(E) Design Review Standards And Guidelines: The Secretary of the
Interior's standards for the treatment of historic properties shall be
the required basis for permit review decisions. The City may adopt
design review guidelines; in the absence of such guidelines, design
review decisions will be based upon the current Secretary of the
599
City of Farmington
2-11-5
2-11-7
Interior guidelines for preservation, rehabilitation, restoration and
reconstruction.
(F) Outside Technical Advice: The HPC may seek technical advice from
outside its members on any design review.
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(G) Appeals: Any party aggrieved by a decision of the HPC shall, within
ten (10) days of the HPC's action approving or denying a certificate
of appropriateness, have a right to appeal such decision to the City
Council. When denying a certificate of appropriateness, the HPC
shall advise the permit applicant of their right to file a written notice
with the City Administrator requesting City Council review of the
action taken by the HPC. Upon receipt of the notice of appeal, the
City Administrator shall transmit one copy to the HPC. (Ord.
099-422, 2-16-1999)
2-11-6: VIOLATIONS AND PENALTY: It shall be a misdemeanor to
alter, disturb, deface or materially change the appearance or
use of a designated Farmington heritage landmark without a certificate of
appropriateness. (Ord. 099-422, 2-16-1999)
2-11-7: REPOSITORY FOR DOCUMENTS: The office of the City
Administrator is designated as the repository for all reports,
studies, minutes, and other documents produced by the HPC. (Ord.
099-422, 2-16-1999)
599
City of Farmington