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HomeMy WebLinkAbout04-25-02 City of Farmington 325 Oak Street Farmington, MN 55024 A Proud Past - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers AGENDA HERIT AGE 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.ci.fannington.mn.us TO: City Planning Commission FROM: Kevin Carroll, Community Development Director SUBJECT: Proposed Ordinance Regarding Demolition Permits 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 of the 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. In Minneapolis, the Heritage Preservation Commission [under Section 117.30(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 REOUESTED Motion to recommend approval of the proposed Ordinance Amending Title 4 of the City Code By Adding A New Chapter [Chapter 6] Concerning Demolition. Respectfully submitted, Kevin Carroll Community Development Director 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 a~dition 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 which 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 located 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 of the 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 A TIEST: