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Historic Preservation 1994A T0: FROM: DATE: RE: FILE NO: 4orthwest Associated Consult, U R B A N P L A N N I N G D E S I G N Elaine Beatty Bob Kirmis 29 June 1994 M A R K E TL R E S E A R C H Otsego - Heritage Preservation Ordinance 176.08 - 93.14 Attached please find a paginated copy of the recently approved Heritage Preservation Ordinance intended for integration within the City's Zoning Ordinance (approved on 6/27/94). Please note that a revised table of contents and sections pertaining to definitions and district establishment have also been provided. Please distribute this material to all concerned City Offls and staff. Upon his request, we have provided a copy to Michael Koop of the Minnesota Historical Society. If you have any questions or comments, please do not hesitate to call. William S. Radzwill Andrew J. MacArthur Michael C. Couri June 2, 1994 RADZWILL LAW OFFICE Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 4974930 (612) 497-2599 (FAX) Mr. Robert Kirmis, Senior Planner Northwest Associated Consultants, Inc. 5775 Wayzata Blvd. Suite 575 St. Louis Park, MN 55416 RE: Otsego Heritage Preservation Ordinance Dear Bob: At you request I have reviewed your proposed Publication Summary for the Heritage Preservation Ordinance and find it to be acceptable. Very truly yours, Andrew J. acArt ur RADZWILL LAW OFFICE CC: City of Otsego Northwest U R B A N Consultants, Inc. P�� A N N I N G D E S I G N • M A R K E T R E S E A R C H --_______________ TRANSMITTAL RECORD DATE: 2 June 1993----_______-_-______________________ T0: Andy MacArthur Radzwill Law Office FROM; Bob Kirmis VIA: ()Mail (x) Pick Up Associated Delivery NUMBER OF PAGES INCLUDING COVER: QT'y OF 1 � DraftOrdinance Summary REMARKS: ( )Fax DATED DESCRIPTION Heritage Preservation Ordinan e Please review the attached the proposed Heritage PreservationtOrdinancerand adv' any suggested changes or modifications, y pertaining to ise .as to The ordinance is scheduled .for Planning Commis on 15 June, sion consideration �: Otsego -Heritage Preservation Ordinance JOB NO: 17 6.08 - 93 , 14 775 Wayzata Blvd, •Suite 555 • St L . ouis Park, MN 55416 • (612) 595-963�•Fau �Q� �o�-, TO: FROM: DATE: RE: FILE NOV Northwest Associated Consultants, Inc. U R B A N PLANNING • DESIGN MARKET R E S E A R C H Otsego Planning Commission Bob Kirmis 24 May 1994 Otsego - Historic Preservation Ordinance 176.08 - 93.14 Attached please find a draft version of a Heritage Preservation Ordinance (dated 5/23/94) intended for incorporation within the City Zoning Ordinance. The draft ordinance is based in large part on a "model" ordinance which was provided by the Minnesota Historical Society. The model was essentially a version of a Heritage Preservation Ordinance recently adopted by the City of Eden Prairie. The ordinance has, however, been specifically tailored to fit within the parameters of the Otsego Zoning Ordinance and has incorporated comments received by the Minnesota Historical Society and the City Attorney. In review of the draft ordinance, please note Section 20-75-4.B which establishes powers and duties of the Heritage Preservation Commission. Note should be made that the listed powers differ slightly from the powers granted by State Statute 471.193, Subdivision 3 (see attached exhibit). It is the opinion of both our office and the City Attorney that several powers which may be granted to the Heritage Preservation Commission via State Statutes are more appropriately granted to other City bodies. For instance, the Statute indicates that a Heritage Preservation Commission may grant a "use variation" to the Zoning Ordinance. The City's Zoning Ordinance currently establishes that the Board of Adjustment (City Council) shall have the authority to approve or deny variance requests. Thus, such power clearly contradicts the City's established procedural requirements and structuring of the Ordinance. . 55416 • 612 595-9636•Fax 595 9837 5775 Wayzata Blvd. Suite 555 • St4 Louis Park, MN ( ) Note should also be made that the powers as listed in the draft ordinance are reflective of those listed in the model ordinance provided by the State Historical Society. This material will be discussed further at the forthcoming 1 June meeting of the Planning Commission. pc: Elaine Beatty Andy MacArthur Larry Koshak 2 4W 'PAL RIGHTS, POWERS, DUPIE'8 MUNICIPAL RIGHTS,1 POWERS, DUTIES § 471.193 ':,; 1990 Legislation rutoory Notes that art. 51 H 21 41 71 9 to 11, 21 to 26, 28 to 30, 32, poLaws 1990, c. 604, art. 3, § 47, amended Laws 33, 36 to 40, 42, and 43, are effective for tars rom two-thirds of one mill on the gross tax capaci. 1989, 1st Sp,, c. 1, art. 5, § 52, to provide in part levied in 1992, payable in 1993, and thereafter, y of all taxable property within its corporate limits o 0,01612 percent of taxable market value, ana 471J93o Municipal heritage presentation nade other nonsubstantive changes. Laws 1989, c. 304, § 137, directed the revisor of Subdivision 1. Policy. The legislature finds that the historical, architectural, archaeologi- :tatutes to change "chapter 31T' to "chapter 317A" cal, engineering, and cultural heritage of this state is among its most important assets, vherever it appears in Minnesota Statutes. " Therefore, the purpose of this section is to authorize local governing bodies to engage ilt a Laws 1989, c. 329, art. 13, § 20, amended Laws comprehensive program of historic preservation, and to promote the use and conservation of i988, c. 719, art. 5, § 84, a revisor s instruction,'t y historic properties for the education, inspiration, pleasure, and enrichment of the citizens of >xcluding from its scope those sections of Minn6so- this state. .a Statutes amended by Laws 1989, c. 329. Subd. 2. Heritage presentation commissions. The governing body of a statutory or home rule charter city, county, or town may establish a heritage presentation commission to preserve and promote its historic resources according to this section. Subd. 3. Powers. The powers and duties of any commission established pursuant to this nts section may include any power possessed by the political subdivision creating the commission, �2suant to the provisions of 471.15 to 471,191 but shall be those delegated or assigned by the ordinance establishing the commission. without a referendum, are not void and are These powers may include: (1) the survey and designation of districts, sites, buildings, structures, and objects that are of historical, architectural, archaeological, engineering, or cultural significance; (2) the enactment of rules governing construction, alteration, demolition, and use, including ferences the review of building permits, and the adoption of other measures appropriate for the preservation, protection, and perpetuation of designated properties and areas; (3) the acquisition by purchase, gift, or bequest, of a fee or lesser interest, including preservation restrictions, in designated properties and adjacent or associated lands which are i recreation tax levy important for the preservation and use of the designated properties; tax capacity consists in part of iron ore or (4) requests to the political subdivision to use its power of eminent domain to maintain or :rates a program of public recreation and preserve designated properties and adjacent or associated lands; id expends funds for the operation of the 9, in addition to funds otherwise provided (5) the sale or lease of air rights; wn may levy a tax for the support of this (6) the granting of use variations to a zoning ordinance; as follows: ay levy a tax not exceeding the lesser of (i) (7) participation in the conduct of land use, urban renewal, and other planning processes per capita; or (in) $15,000; and ��� undertaken by the political subdivision creating the commission; and i tax not exceeding the lesser of (1) 0.00537 (8) the removal of blighting influences, including signs, unsightly structures, and debris, incompatible with the physical well-being of designated properties or areas. 389, c. 277, art. 4, § 69, Laws 1989, c. 329, art II No power shall be exercised by a commission which is contrary to state law or denied a , 5, § 36o political subdivision by its charter or by law. Powers of a commission shall be exercised only in the manner prescribed by ordinance and no action of a commission shall contravene any iatutory Notes provision of a municipal zoning or planning ordinance unless expressly authorized by ordinance. Laws 19S9, c. 329, art. 13, § 20, amended Lao's 1988, c. 719, art. 51 § 84, a revisor's instruction;:by Subd. 4. Exclusion. If a commission is established by the city of St. Paul, it shall for the urpose of this section exclude any jurisdiction over the capitol area as defined in section excluding from its scope those sections of Minneso- p to Statutes amended by Laws 1989, c. 329. 15.50, subdivision 2. Laws 1989, 1st Sp., c. 1, art. 5, § 36, deleted "N Subd. 5. Commission members. Commission members must be persons with demon,, excess of any charter or statutory limitation, ex• strated interest and expertise in historic preservation and must reside within the political cept the limitation imposed in sections 275.50 0 subdivision regulated by the ordinance establishing the commission. Every commission shall 275.58" following "the governing body of the city' include, if available, a member of a county historical society of a county in which the or town may levy a tax"t t4 municipality is located. Laws 1989, 1st Sp., c. 1, art. 5, § 52 provides in Subd. 6. Communication with the state historic presmation officer. Proposed site part that art. 51 § 36, amending this section, i$ designations and design must be sent to the state historic preservation officer at effective for taxes levin guidelines ed in 199payable in 19the Minnesota historical society , who shall review and comment on the prop sal with n 60 and thereafter. But, see 1990 legislation note postst days. By October 31 of each year, each commission shall submit an annual report to the state 267 - 5/23/94 U CITY OF OTSEGO MGHT COUNTY, MINNESOTA AN AMENDMENT TO THE OTSEGO ZONING ORDINANCE ESTABLISHING HERITAGE PRESERVATION STANDARDS, THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS: Section 1. Section 20-2-2.H of the Otsego City Code (Definitions) is hereby amended to add the following: Heritage Preservation Commission: The Otsego Heritage Preservation Commission. Heritage Preservation Site: Any area, place, building, landmark, structure, lands, districts, or other objects which have been duly designated heritage preservation sites pursuant to Section 75 of this Chapter. Section 2. Section 20-50-1.D of the Otsego City Code (Special Zoning Districts) is hereby amended to add the following: 7. "HPS", Heritage Preservation Sites Section 3. Section 20-75 of the Otsego City Code is hereby added to read as follows: SECTION 75 HERITAGE PRESERVATION SITES Section: 20-75-10 Policy and Purpose 20-75-2: Authority 20-75-3: Establishment of Heritage Preservation Committee 20-75-4: Powers and Duties of the Heritage Preservation Commission 20-75-5: Designation of Historic Sites 20-75-6: Review of Permits 20-75-7: Emergency Repair 20-75-8: Repository for Documents 20-75-9: Recording of Heritage Preservation Sites 20-75-1: POLICY AND PURPOSE: The Otsego City Council finds that the historical, archaeological, engineering and cultural heritage of the City of Otsego is among its most important assets and that preservation, protection, perpetuation and use of areas, places, buildings, structures, and other objects that have historic, aesthetic or community interest or value, benefits the health, prosperity, education and welfare of the community. A. 'E7! D. 20-75-2: The purposes of this chapter are to: Safeguard the heritage of the City by preserving sites and structures which reflect elements of the City's cultural, social, economic, political, visual or architectural history; Promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the City, Foster civic pride in the beauty and notable accomplishments of the past; Stabilize and improve City property values. AUTHORITY: This chapter is enacted pursuant to the authority granted by the provisions of Minnesota Statute 471.193. 20-75-3: ESTABLISI�2ENT OF HERITAGE PRESERVATION COMMISSION: The City Council shall appoint an advisory commission to be known as the Otsego Heritage Preservation Commission. Membership qualification, terms and bylaws of such Commission shall be established by City Council resolution. Commission members must be persons with demonstrated interest and expertise in 2 historic preservation and must reside within the City of Otsego. The Heritage Preservation Commission shall include, if available, a member of the Wright County Historical Society. 20-75-4: POWERS AND DUTIES OF THE HERITAGE PRESERVATION COMMISSION: A. The Heritage Preservation Commission may recommend to the Council after review and recommendation by the City Planning Commission, that certain property eligible for designation as a Heritage Preservation site be acquired by gift, negotiation or by eminent domain as provided for in Chapter 117 of Minnesota Statutes, B. The Heritage Preservation Commission, upon approval by the City Council, shall have the following powers and duties: 1. To conduct a continuing survey of all areas, places, buildings, structures or similar objects in the City of Otsego which the commission, on the basis of information available or presented to it, has reason to believe are or will be eligible for designation as heritage preservation sites. 2. To work for the continuing education of the citizens of Otsego with respect to the historic and architectural heritage of the City. It shall keep current and public a register of designated heritage preservation sites and areas. 3. To accept the services on a permanent or part-time basis of technical experts and such other persons as may be required to perform its duties. 4. To solicit gifts and contributions to be made to the City and to assist in the preparation of applications for grant funds to be made to the City for the purpose of heritage preservation. 5. The Heritage Preservation Commission shall make no application to the National Register or to the Minnesota Historical Society for the designation of a historic site or district without the consent of the City Council. 20-75-5: DESIGNATION OF HISTORIC SITES: A. Site Application: Heritage preservation sites shall be applied to and superimposed upon all zoning districts contained herein as existing or amended by the zoning ordinance text and official zoning map. The regulations and 3 requirements imposed by a heritage preservation site designation shall be in addition to those established for the base zoning districts which jointly apply. Under the joint application of standards, the most restrictive requirements shall apply. B. Reports: The City Council may direct the City staff to prepare studies which catalog buildings, land, areas, districts, or other objects to be considered for designation as a Heritage Preservation Site. The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where applicable, and provide general assistance in preparing a recommendation on the action to the City Council. C. Criteria: The Heritage Preservation Commission shall recommend to the Planning Commission that an area, building district, or object be designated a Heritage Preservation Site upon determining that such site meets one or more of the following criteria. 1. It has character, interest or value as part of the development heritage or cultural characteristics of the City of Otsego, State of Minnesota or the United States; 2. Its location as the site of a significant historic event; 3. It has yielded, or is likely to yield, information important in pre -history or history, 4. it is associated with a person or persons who significantly contributed to the culture and development of the City, 5. It embodies distinctive characteristics of an architectural style, period, form or treatment; 6. It represents the work of an architect or master builder whose individual work has influenced the development of the City of Otsego, 7. It embodies elements of architectural design, detail, materials, or craftsmanship which represent a significant architectural innovation; or 8. Its unique location or singular physical characteristics represents an established and familiar visual feature of a neighborhood, community, or the City of Otsego. D. Communications with Minnesota Historical Society:. A copy of the Heritage Preservation Commission's proposed designation of a Heritage Preservation Site, including boundaries, and a program for the preservation of a Heritage Preservation Site shall be sent to the Minnesota Historical Society in accordance with Minnesota Statutes 471.193, Subd. 6. E. Findings and Recommendations: The Heritage Preservation Commission shall make findings as to whether a proposed Heritage Preservation Site is eligible for heritage preservation as determined by the criteria specified in Paragraph C of this subsection. If the Heritage Preservation Commission determines the site meets the criteria in Paragraph C, it shall forward its findings to the Planning Commission with its recommendation that the site be designated for Heritage Preservation and its proposed program for the preservation of the site. F. Planning Commission Recommendation: The Heritage Preservation Commission shall advise the Planning Commission of the proposed designation of a Heritage Preservation Site, I ncluding boundaries, and a program for the preservation of a Heritage Preservation Site, The Planning Commission shall recommend approval, rejection or modification of the proposed designation to the City Council. Such recommendation shall be based upon, but not be limited to, the following factors: 1. The provisions of Section 20-4-2.F of this Chapter. 2. Any other planning consideration which may be relevant to the proposed designation upon the surrounding neighborhood. 3. Any other planning consideration which may be relevant to the proposed designation. The Heritage Preservation Commission may take such modifications, changes, and alterations concern in the proposed designation as it deems necessary in consideration of the recommendation and opinion of the Planning Commission, G. Hearings: Prior to the Planning Commission recommending to the City Council any building, district, or object for designation as a Heritage Preservation Site, the Planning Commission shall hold a public hearing on the proposed designation. Prior to such hearing the Planning Commission shall cause to be published in a newspaper of general circulation notice of the hearing at least ten (10) days prior to the date of the hearing. Notice of the hearing shall be sent to all property owners within three hundred fifty (350) feet of the proposed Heritage Preservation Site in platted areas and shall be sent to all property owners within f ive hundred (500) feet of the proposed Heritage Preservation Site in non -platted areas. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made part of the records of the proceeding. H. City Council Designation: The City Council shall consider the Recommendation of the Heritage Preservation Commission and Planning Commission that a site be designated for Heritage Preservation, and may by ordinance designate a Heritage Preservation Site. If deemed necessary, the City Council shall have the authority to hold an additional public hearing when considering the designation of a Heritage Preservation Site. 20-75-6: REVIEW OF PERMITS: A. Heritage Preservation Site Alteration Permit: A Heritage Preservation Site Alteration Permit is required to do any of the following in, on, or to a Heritage Preservation Site in the City: 1. Remodel, alter, repair in any kind or manner, including a change of color, that will alter the exterior appearance of a historic building, site, or landmark. 2. Erect a building or any structure. 3. Erect signs. 4. Move from or to any building. 5. Demolish any building in whole or in part. This does not apply to structures required to be demolished in accordance with Minnesota Statutes, Chapter 463. 6. Alter or remove a land form in whole or in part. The application for accompanied by detaile a Site Alteration Permit shall B. Reports: The Zoning Administrator shall instruct the appropriate staff persons to prepare technical reports where applicable, and provide general assistance in preparing a recommendation on the action to the City Council. C. Heritage Preservation Commission Recommendation: The Heritage Preservation Commission shall review each application and make its recommendation to the City Council relative to the request for a Heritage Preservation Site Alteration Permit. D. Planning Commission Recommendation. If it is determined that the requested site alteration permit may have land use related implications, the permit application shall be subject to review and recommendation by the Planning Commission. In such case, the Planning Commission shall recommend approval, rejection or modification of the permit to the City Council. Such recommendation shall be based upon, but not limited to, the criteria specified in paragraph E of this subdivision. E. Criteria for Heritage Preservation Site Alteration Permit: The City Council shall approve, disapprove, and/or impose conditions on a Heritage Preservation Site alteration Permit after consideration of the Heritage Preservation Commission's program for preservation and the Secretary of the Interior's Standards for Rehabilitation, as revised and if applicable, the recommendation of the Planning Commission. F. Findings: The City Council shall make findings as to whether a site alteration permit application should be approved or disapproved, or conditions imposed, as determined by the criteria specified in Paragraph E of this subdivision. G. Hearings: Prior to the City Council making its decision regarding an application for a Site Alteration Permit for a Heritage Preservation Site, the City Council shall hold a public hearing on the application. Prior to such hearing the City Council shall cause to be published in a newspaper of general circulation notice of the hearing at least ten (10) days prior to the date of the hearing. Notice of the hearing shall be sent to all property owners within three hundred fifty (350) feet of the site of the proposed Heritage Preservation Alteration in platted areas and shall be sent to all property owners within five hundred (500) feet of the site of the proposed Heritage Preservation Alteration in non - platted areas. A copy of the notice and a list of the property owners and addresses to which the notice was sent shall be attested and made part of the records of the proceeding. H. Limitations: If within sixty (60) days from the filing of a Site Alteration Permit application the Heritage Preservation Commission has not made a recommendation of approval or disapproval to the City Council, the application shall be forwarded to the City Council for approval or disapproval of the permit without the Heritage Preservation Commission's recommendations. 7 20-75-7: EMERGENCY REPAIR: In emergency situations where immediate repair is needed to protect the safety of the structure and its inhabitants, the Building Official shall have the authority to enforce the Otsego Building Code, pursuant to Section 20-21-5 of this Chapter, may approve the repair without prior Heritage Preservation Commission or City Council action. 20-75-8: REPOSITORY FOR DOCUMENTS: The office of the City Clerk is designated as the repository for at least one copy of all studies, reports, recommendations and programs required under this Section. 20-75-9: RECORDING OF HERITAGE PRESERVATION SITES. The office of the City Clerk shall record the designation of buildings, lands or areas as Heritage Preservation Sites with the Wright County Recorder or the Wright County Registrar of Titles, unless the County Recorder or Registrar of titles refuses to record such designation, and shall transmit a copy of the recording document to the Building Department. Section 4. This Ordinance shall become effective from and after its passage and publication. APPROVED by the Otsego City Council , this day of 1994. ATTEST: Jerome Perrault, City Clerk CITY OF OTSEGO Norman F. Freske, Mayor Ez3 William S. Radzwill RADMILL LAW OFFICE Andrew J. MacArthur Michael C. Couri May 18, 1994 Attorneys at Law 7U5 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 4974930 (612) 497-2599 (FAX) Mr. Robert Kirmis, Senior Planner Northwest Associated Consultants, Inc. 5775 Wayzata Blvd. Suite 575 St. Louis Park, MN 55416 RE: Otsego Heritage Preservation Ordinance Dear Bob: Per your request I have reviewed the draft Otsego Heritage Preservation Ordinance Amendment to the Zoning Ordinance and have the following comments. 1. Add to 20-75-3 Subd. 5 of Minn. Stat. 471.193, "Commission members must be persons with demonstrated interest and expertise in historic preservation and must reside within the political subdivision regulated by the ordinance establishing the commission. The commission shall include, if available, a member of the Wright County Historical Society." In the second sentence eliminate, "Membership qualifications,...". 2. Section 20-75-4 B. All those powers listed in Minn. Stat. 471,193, Subd. 2 should be listed in the Ordinance as set forth in the statute. When presented to the Planning Commission and City Council it should be made clear that all of those powers are available to the commission, but that the City may narrow the Commissioner's authority by eliminating certain of those provisions in the final ordinance. Otherwise, it looks fine. Very truly yours, Andrew J. MacArthur RADZWILL LAW OFFICE cc: City of Otsego Larry Koshak, Hakanson Anderson MINNE50TA HISTORICAL SOCIETY 21 April 1994 Ms. Elaine Beatty City of Otsego 8899 Nashua Avenue Elk River, MN 55330 Dear Ms. Beatty: D ��� . I! �u. � _�_ . I have reviewed the draft historic preservation ordinance for the City of Otsego and have spoken to Robert Kirmis regazding my comments. Listed below are some suggestions for improving the ordinance. Page 3. Paragraph D. "Communications with State Historical Society." It is preferable to refer to our organization as the Minnesota Historical Society rather than the State Historical Society. This paragraph will need to be changed in two places. Page 3. Paragraph G. "Council Designation. " Minnesota statutes require that the process for local designation must provide for public comment, which your ordinance has under Pazagraph E. Hearings (by the Commission). Although not a requirement, the city council could consider having an optional public hearing (with appropriate notices published in a local newspaper) when they consider locally designating a heritage preservation site. Page 4. Pazagraph B. "The Commission shall have the powers and duties specified in addition to those otherwise specified in this chapter. " This paragraph needs to be expanded to list those additional powers and duties. Many other cities with historic preservation ordinances list the following five powers and duties. 1. The commission shall conduct a continuing survey of all areas, places, buildings, structures or similar objects in the city of Otsego which the commission, on the basis of information available or presented to it, has reason to believe aze or will be eligible for designation as heritage preservation sites. 2. The commission shall work for the continuing education of the citizens of Otsego with respect to the historic and azchitectural heritage of the city. It shall keep current and public a register of designated heritage preservation sites and areas. 3. The commission may accept the services on a permanent or part-time basis of technical experts and such other persons as may be required to perform its duties. 3�15 Iy1;LLOGG BOC�LF.A'�1RD �I�;S'1' / SAINT PAOL. �II1�NEgOTA 55102-190fi / TPLEI'IIO`+E: G12-L�)6-613b Ms. Elaine Beatty Page two 4. The commission shall have the authority to solicit gifts and contributions to be made to the city and to assist in the preparation of applications for grant funds to be made to the city for the purpose of heritage preservation. 5. The commission shall make no application to the National Register or to the Minnesota Historical Society for the designation of a historic site or district without the consent of the city council. Page 5. Paragraph C. "Criteria for Heritage Preservation Site Alteration Permit." Change this paragraph to read as follows: "The Council shall approve, disapprove, and/or impose conditions on a Heritage Preservation Site Alteration Permit after consideration of the Commission's program for preservation and The Secretary of the Interior's Standards for Rehabilitation, as revised." Because the Secretary's Standards have changed slightly since they were first written in 1976, it is more efficient to simply refer to them rather than list each of the ten in the ordinance. I hope these comments will be helpful as you finalize your ordinance. Please feel free to call me at 29&5451 if you have any questions. Sincerely, a ,9 . ichael Koo Historic Preservation Program Specialist State Historic Preservation Office cc: Robert Kirmis Northwest Associated Consultants, Inc. 5775 Wayzata Blvd., Suite. 555+ St. Louis Park, MN 55416 DOCUMENT HAS BEEN COPIED TO MAYOR_ CITY COUNCIL GiTY CLERK r, ,wY PLANNER `r` ATTORNEY tlT1' ENGINEER ,HNING COMMISSION r.![I r-'' � William S. Radzwill RADZWILL LAW OFFICE Andrew .I. MacArthur Michael C. Courz April 7, 1994 Attorneys at Law 705 Central Avenue East PO Box 369 St. Michael, MN 55376 (612) 4974930 (612) 497-2599 (FAX) Elaine Beatty, Deputy Clerk City of Otsego Otsego City Hall 8899 Nashua Avenue NE Elk River, MN 55330 RE: Historic Preservation Ordinance Dear Elaine: At the request of the City Council I have reviewd: the proposed Historic Preservation Ordinance and offer these comments: 1. Policy and Purpose. I agree with the Planner's comments. I have also attached to this letter a copy of the enabling statute, Minn. Stat. 471,193, It would be my suggestion that the language contained in the policy portion of this statute, subdivision 1, be incorporated into the ordinance along with reference to the statutory authority. 2. Sec. 2, Subd. 2A. The "commission" should actually be established in this ordinance section and the commissions powers should be delineated and requirements for appointment should be listed. You will note that Minn. Stat. 471.193, Subd. 2 grants authority to appoint the commission, Subd. 3 lists the powers and duties available, and Subd. 5 lists mandatory qualifications for commission membership. 3. Section 2, Subd. 2, D, should include a citation to the statute, Minn. Stat. 471.193, Subd. 6. 4. Section 2, Subd. 2, E. I concur with the planner, the notice provisions should be consistent. 5. Section 2, Subdivision 6 should be changed to refer to Otsegd Building Code Ordinance. April 7, 1994 Page 2 6. Section 3. This in other ordinan section should include ces specific language as as misdemeanors and If you have any further questions, please feel free to contact me. Very truly yours, Andrew J. MacArthur RADZWILL LAW OFFICE AJM/lml Encl. cc: Larry Koshak, Hakanson-Anderson Bob Kirmis, NAC .�,.z _�::.. �, i i i MUNICIPAL RIGHTS, POWERS, DUTIE'g Statutory Notes '''?'� ' (�.: from two-thirds of one mill on the gross tax capaci• ty of all taxable property within its corporatz limits to OA1612 percent. of taxable market value,,apd made other nonsubstantive changes, Laws 1989, c, 304, § 137, directed the revisor of statutes to change "chapter 317" to "chapter 317A" wherever it appears in Minnesota Statutes. �'�• Laws 1989, c. 329, art, 13, § 20, amended Laws 1988, c. 719, art, 5, § 84, a revisor's instruction, by excluding from its scope those sections of Minneio• to Statutes amended by Laws 1989, c. 329. vents pursuant to the provisions of 471,15 to 471;191 78, without a referendum, are not void and are teferences nd recreation tax levy et tax capacity consists in part of iron ore or perates a program of public recreation and and expends funds for the operation of the .19, in addition to funds otherwise provided town may levy a tax for the support of this s as follows: - may levy a tax not exceeding the lesser of (i) �3 per capita; or (iii) $15,000; and .. a tax not exceeding the lesser of (i) 0.00537 J0. 1989, a 277, art, 4, § 69; Laws 1989, c. 329, art,13, Statutory Notes , Laws 1989, c, 329, art, 13, § 20, amended La«s 1988, c, 719, art. 5, § 84, a revisor's instruction;�b}' excluding from its scope those sections of Minnesa to Statutes amended by Laws 1989, c. 329, Laws 1989, 1st Sp., c, 1, art. 5, § 36, deleted "in excess of any charter or statutory limitation, ex• cept the limitation imposed in sections 275.50 to 275,58" following "the governing body of the cit}' or town may levy a tax", ,, Laws 1989, 1st Sp,, c. 1, art. 5, § 52 provides in part that art, 6, § 36, amending this section, is effective for taxes levied in 1991, payable in 1992 and thereafter, But, see 1990 legislation note post 36 MUNICIPAL RIGHTS,1 POWERS, DUTIES 1990 Legislation Laws 1990, c, 604, art, 3, § 47, amended Laws 1989, 1st Sp,, c, 1, a�•t, 5, § 52, to provide in part 471,193, Municipal heritage preservation § 471.193 That art, 5, §§ 2, 4, 7, 9 to 11, 21 to 26, 28 to 30, 32, 33, 36 to 40, 42, and 43, are effective for taxes levied in 1992, payable in 1993, and thereafter, Subdivision 1, Policy. The legislature finds that the historical, architectural, archaeologi- cal, engineering, and cultural heritage of this state is among its most important assets, Therefore, the purpose of this section is to authorize local governing bodies to engage in a comprehensive program of historic preservation, and to promote the use and conservation of historic properties for the education, inspiration, pleasure, and enrichment of the citizens of this state, Subd, 2, Heritage preservation commissions, The governing body of a statutory or home rule charter city, county, or town may establish a heritage presen�ation commission to preset^��e and promote its histoizc resources according to this section, Subd, 3. Powers. The powers and duties of any commission established pursuant to this section may include any power possessed by the political subdivision creating the commission, but shall be those delegated or assigned by the ordinance establishing the commission. These powers may include, (1) the survey and designation of districts, sites, buildings, structures, and objects that are of historical, architectural, archaeological, engineering, or cultural significance; (2) the enactment of rules governing construction, alteration, demolition, and use, including the review of building permits, and the adoption of other measures appropriate for the preservation, protection, and perpetuation of designated properties and areas; (3) the acquisition by purchase, gift, or bequest, of a fee or lesser interest, including preservation restrictions, in designated properties and adjacent or associated lands which are important for the preservation and use of the designated properties; (4) requests to the political subdivision to use its power of eminent domain to maintain or preserve designated properties and adjacent or associated ]ands; (5) the sale or lease of air rights; (6) the granting of use variations to a zoning ordinance; (7) participation in the conduct of land use, urban renewal, and other planning processes undertaken by the political subdivision creating the commission; and (8) the removal of blighting influences, including signs, unsightly structures, and debris, incompatible with the physical well-being of designated properties or areas, No power shall be exercised by a commission which is contrary to state law or detued a political subdivision by its charter or by law, Powers of a commission shall be exercised only in the manner prescribed by ordinance and no action of a commission shall contravene any provision of a municipal zoning or planning ordinance unless expressly authorized by ordinance, Subd. 4. Exclusion. If a corrimissiori is established by the city of St, Paul, it shall for the purpose of this section exclude any jurisdiction over the capitol area as defined in section 15,50, subdi��ision 2. Subd, 5, Commission members, Commission members must be persons with demon- strated interest and expertise in historic preservation and must reside �t�ithin the political subdivision regulated by the ordinance establishing the commission. Every commission shall include, if available, a member of a county historical society of• a county in which the municipality is located, Subd. 6. Communication with the state historic preservation officer, Proposed site designations and design guidelines must be sent to the state historic preservation officer at the Minnesota historical society, who shall review and comment on the proposal within 60 days, By October 31 of each year, each commission shall submit an annual report to the State 267 - r r �; y u §'471,193 c MUNICIPAL RIGHTS, POWERS, DUTIES historic preservation officer. The report must summarize the commission's activities, includ- ing designations, reviews, and other activities during the previous 12 months. Amended by Laws 1985, a 77, § 1; Laws 1989, c. 9, § 2. Historical and Statutory Notes 1985 Amendment. Rewrote the section. For former text, see main volume. 1989 Legislation The 1989 amendment deleted a reference to § 368,01, subds, 1 and la, in subd, 2. Laws 1989, c. 9, which amended subd. 2 of this section, sections 366,01, subd. 7, 471,345, subd, 5a, and 505,09, subd. 1 and repealed section 368.121, did not contain the clause "Be it enacted by the legislature of the state of Minnesota," See Const. Art. 4, § 22. Notes of Decisions 1, In general In absence of remedial legislation, where neither owners nor any public body after reasonable length of time in which to act has elapsed, elect to preserve from demolition structures which are his- torical resources, owners have constitutional right to destroy buildings or to put property to any other lawful use, free from restrictions otherwise imposed by Minnesota Environmental Rights Act, Historic Sites Act, and municipal heritage preser- vation statute, State by Powderly v. Erickson, 1981, 301 N,W.2d 324, To permanently deny owner of historic building =the beneficial use of his property except by requir- ing him to make substantial investment in repairs or renovation, over his objection, would constitute "taking" for which owner would have right to compensation, Id. This section authorizes the use of city funds for a planning and development study to suggest uses to be made of an island located near a municipali• ty, but such study could not be carried out under § 471,93, pertaining to appropriations for historical work by municipalities, nor under § 456,56, per- twining to advertising by municipalities, but the expenditure of funds under § 414.01 et seq,, con- cerning annexation of territory, may be appropri- ate as might § 462.353, concerning comprehensive municipal planning, Op,Atty.Gen., 59a�5, April 18, 1978, 471.24. Statutory cities and towns may join in maintaining cemeteries Where a statutory city or town owns and maintains an established cemetery or burial ground, either• within or without the municipal limits, the statutory city or town may, by mutual agreement with contiguous statutory cities and towns, each having a market value of not less than $2,000,000, join together in the maintenance of such public cemetery or burial ground for the use of the inhabitants of each of such municipalities; and each such municipality is hereby authorized, by action of its council or governing body, to levy a tax or make an appropriation for the support and maintenance of such cemetery or burial ground; provided, the amount thus levied or appropriated by each municipality shall not exceed a total of $10,000 in any one year. Arriended by Laws 1980, c. 356, § 1; Laws 1985, c. 52, § 1; Laws 1988, c. 719, art, 5, § 84; Laws 1989, c. 329, art. 13, § 20, eff. June 2, 1989; Laws 1990, c, 480, art, 9, § 20, eff, April 25, 1990. Historical and Statutory Iv'otes 1980 .4mendment. Increased the maximum ap- pr•opriation from $2000 to $5,000 and deleted an exception at the end reading; "except that any of the aforesaid to��ms the assessed valuation of which exceeds $2,000,000 may levy $3000 in any one year.,, Laws 1980, c. 356, did not contain appropriation items or a specific effective date. See § 645.02 for method of determining the effective date. 1985 Amendment. Increased the maximum levy and appropriation to $10,000 from $0",000. 1988 Legislation Laws 1988, c. 719, art, 6, § 84, directed the revisor of statutes to change the words "assessed value" or "assessed valuation" wherever they ap- pear in Minnesota Statutes to "gross tax capacity" in Minnesota Statutes 1988 and "net tax capacity" in Minnesota Statutes 1989 Supplement and subse• quent editions of the statutes except § 275.011, and change the words "mill rate" wherever they appear in Minnesota Statutes to "tax capacity rate" in Minnesota Statutes 1988 and subsequent editions of the 'statutes except § 275.011. 1989 J�egislation Laws 1989, a 329, art, 13, § 20, amended Laws 1988, c. 719, art. 5, § 84, a revisor's instruction, by excluding from its scope those sections of Minneso- ta Statutes amended by Laws 1989, c. 329. 1990 Legislation The 1990 amendment substituted "market value >of not less than $2,000,000" for "net tax capacity of not less than $500,000". 268 ,1VIUNICIPAL RIGHTS, POWERS, DU 471.25. Repealed by Laws 1980, c. 356, Historical r;,Laws 1980, c. 356, did not contain appropria items or a specific effective date. See § 645,0� method of determining the effective date. 471.345. Uniform municipal contractir [See �nain Subd. 3. Contracts over $25,000. If $25,000, sealed bids shall be solicited b; requirements of the law governing contr provided that �i�ith regard to repairs and �: 'the estimated amount of the contract �103E.705, subdivisions 5, 6, and 7, �` Subd. 4. Contracts from $10,000 to ; t� exceed $10,000 but not to exceed $25,OC "oi' by direct negotiation, by obtaining two possible, and without advertising for bid. competitive bidding. All quotations obtai year after receipt thereof. . Subd. 5. Contracts less than $10,00( $10,000 or less, the contract may be made discretion of the governing body. Tf the c 'far as practicable, on at least two quotatic one year after their receipt. Subd. 5a. County or town rental co: for the rental of equipment is estimate discretion of the county or town board, 1 more quotations for• the rental when pos complying with the requirements of coml for a period of at least one year after th [See m� Subd. 7. Minimum labor standard. prohibit any municipality from adopting � prevailing wage rate as defined in section establish the hours and working conditi engaged in the same class of labor within employees which must be agreed to by ar any contract for the furnishing of any lal Subd. 8. Procurement from economi subdivision, the following terms shall hay (a) "Small targeted group business" r, (b) "Business entity" means an entity c ship, corporation, joint venture, associati� Nothing in this section shall be const resolution, rule, regulation, or ordinance for awarding to small targeted group bu 'total procurement of goods and service; 'negotiated price or bid contract procedurE set -aside program as allowed in this s negotiated price shall not exceed by more ';:for the goods and services if they were pi °aside program. _�.