4.3. SR 04-26-1999
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ITEM #4.3.
Memorandum
River
TO: MAYOR AND CITY COUNCIL
FROM: STEPHEN ROHLF, BUILDING
& ZONING ADMINISTRATOR
DATE: APRIL 26,1999 'SIL.
SUBJECT: RECOMMENDATION ON THE
CREATION OF A HERTITAGE
PRESERVATION COMMISSION
A group of local citizens interested in Elk River's history have been meeting for the last
several month. At the October 12, 1999 Council meeting, this group recommended that
the city look into the creation of a Heritage Preservation Commission (HPC). The
Council directed staff to investigate the issue.
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Staff and the citizens involved are recommending that the city create a HPC for the
following reasons:
. establishes credibility to preservation efforts,
. makes the city eligible for funding sources,
. places the city in a proactive position for identifying and preserving our heritage.
Attached to this memo are the following draft ordinance amendments that will be needed
to create a HPC in Elk River and specify its duties:
. Section 215 - Establishing a Heritage Preservation Commission
. Section 908 - Definitions
. Section 910 - Establishment of Districts
. Section 912 - Permitted, Accessory, and Conditional Uses by District
If the Council agrees with the recommendation to create a HPC, staff will advertise the
listed ordinance amendments for public hearing at a future meeting. The group will be at
your meeting to discuss this issue further.
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13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 . TDD & Phone: (612) 441-7420 . Fax: (612) 441-7425
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ORDINANCE NO. 99 -
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY ELK RIVER
CODE OF ORDINANCES ENTITLED "THE COUNCIL" BY ADDING
SECTION 215 ESTABLISHING A HERITAGE PRESERVATION
COMMISSION
Section 1. Chapter 2 of the City Elk River Code of Ordinances Entitled, "The
Council" be amended by adding Section 215.00 - Heritage Preservation
Commission, which shall read as follows:
SECTION 215 - HERITAGE PRESERVATION COMMISSION
215.00 - ESTABLISHMENT OF HERITAGE PRESERVATION COMMISSION
A Heritage Preservation Commission for the City of Elk River is
hereby established. This Heritage Preservation Commission is
established pursuant to the authority given by the Minnesota
Statute Section 471.193.
215.02 - PURPOSE OF COMMISSION
The Heritage Preservation Commission is established to review and
make recommendations to the City Council on issues pertaining to
the historical, archaeological, engineering, and cultural heritage
of the City of Elk River. The Commission shall participate in the
preservation and acquisition of Elk River's heritage and
historical sites.
215.04 - MEMBERSHIP AND TERMS
The Heritage Preservation Commission shall consist of seven (7)
members appointed by the City Council as follows: two members
whose terms expire the last day of February 2000; two members
whose terms expire the last day of February 2001; and three
members whose terms expire the last day of February 2002.
Thereafter, each member shall be appointed at the first regular
Council meeting in March for terms of three (3) years. The last
day for the term of office of each member shall be the last day of
February, however, all members may continue service until either
re-appointed or replaced by the City Council. A vacancy shall be
filled by the City Council for the remainder of the term. The
members of the Heritage Preservation Commission, by a majority
vote, shall elect one of the appointed Commissioners at the first
meeting of the year to serve as Chair and one to serve as Vice
Chair. Commission members must be persons with demonstrated
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interest and expertise in historic preservation and must reside
within the City of Elk River. The Heritage Preservation
Commission shall include, if available, a member of the Sherburne
County Historical Society.
215.06 - POWERS AND DUTIES
The Heritage Preservation Commission shall prepare, hold hearings,
and recommend to the City Council such plans, programs, and
policies as it deems necessary to carry out the purposes of this
ordinance. Said powers shall include, but are not limited to, the
study and recommendation to the City Council on the following:
1. Acquiring sites eligible for designation as a heritage
preservation site by gift, negotiation, or eminent domain as
provided for in Chapter 117 of Minnesota Statute.
2. Conducting a continuing survey of all areas, places,
buildings, structures, or similar objects in the City of Elk River
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.
3. Working for the continuing education of the citizens of Elk
River 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.
4. Accepting the services on a permanent or part-time basis of
technical experts and other such persons as may be required to
perform its duties.
5. Soliciting 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.
6. Making application to the National Register or the Minnesota
Historical Society for the designation of a historic site or
district.
215.08 - MEETINGS AND PROCEDURE
The Commission shall meet at least four times each calendar year,
at such time and place as the Commission shall determine. Notice
of the Commission meetings shall be communicated to the members,
posted at City Hall, and published in the City's official
newspaper at least three days prior to the meeting. Except as
provided herein, all Commission meetings shall be governed and
operated pursuant to Robert's Rules of Order and open to the
public.
Section 2. This ordinance shall take effect upon publication as provided by
law.
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Passed and adopted by the City Council of the City of Elk River this _
day of , 1999.
Stephanie A. Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk
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ORDINANCE NO. 99 -
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.08 OF THE CITY OF ELK RIVER
CODE OF ORDINANCES ENTITLED "DEFINITIONS"
Section 1. Section 900.08 of the City of Elk River Code of Ordinances shall be amended
by adding the definitions of Heritage Preservation Commission and Heritage Preservation
site as follows:
HERITAGE PRESERVATION COMMISSION:
Heritage Preservation Commission.
The City of Elk River
HERITAGE PRESERVATION SITE: Any area, place, building, landmark,
structure, lands, districts, or other object which have been
designated heritage preservation sites pursuant to Section 900.12
(21) and 900.44 of this code.
Section 2. That this ordinance shall take effect upon publication as provided by law.
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Passed and adopted by the City Council of the City of Elk River this _ day of
,1999.
Stephanie A. Klinzing, Mayor
ATTEST:
Sandra A. Peine, Clerk
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f\shrdoc\b&z\stever\captain.doc
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ORDINANCE NO. 99 -
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.10(1)
OF THE CITY OF ELK RIVER CODE OF ORDINANCES
ENTITLED "ESTABLISHMENT OF DISTRICTS"
Section 1. Section 900.10(1) of the City of Elk River Code of Ordinances shall be
amended by adding an HPS zoning district as follows:
HPS Heritage Preservation Site Overlay Zoning District
Section 2. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this
,1999.
day of
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Stephanie A. Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk
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f\shrdoc\b&z\stever\captain.doc
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ORDINANCE NO. 99 -
AN ORDINANCE OF THE CITY OF ELK RIVER
AN ORDINANCE AMENDING SECTION 900.12
OF THE CITY CODE OF ORDINANCES ENTITLED
"PERMITTED, ACCESSORY, AND CONDITIONAL
USES BY DISTRICT"
Section 1. Section 900.12 of the City of Elk River Code of Ordinances is
amended by adding a Heritage Preservation Site Overlay Zoning District as
follows:
21. HPS - Heritage Preservation Site Overlay Zoning District
STATEMENT OF PURPOSE: The purposes of the Heritage Preservation
Site overlay zoning district are to: (1) 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; (2) Promote the preservation and continued
use of historic sites and structures for the education and
general welfare of the people of the City; and (3) Foster civic
pride in the beauty and notable accomplishments of the past.
A. Uses Heritage preservation sites shall be applied to
and superimposed upon all zoning district contained herein as
existing or amended by the zoning ordinance text and official
zoning map. The regulations and 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 Building and 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. Standards 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:
i. It has character, interest, or value as part of
the development heritage or cultural characteristics of
the City of Elk River, State of Minnesota, or the
United States;
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ii. Its location as the site of a significant historic
event;
lll. It has yielded, or is likely to yield, information
important in pre-history or history;
iv. It is associated with a person or persons who
significantly contributed to the culture and
development of the City;
v. It embodies distinctive characteristics of an
architectural style, period, form, or treatment;
vi. It represents the work of an architect or master
builder whose individual work has influenced the
development of the City of Elk River;
Vll. It embodies elements of architectural design,
detail, materials, or craftsmanship which represent a
significant architectural innovation; or
viii. Its unique location or singular physical
characteristics represents an established and familiar
visual feature of a neighborhood, community, or the
City of Elk River.
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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. Review of Permits:
i. 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:
a. 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.
b. Erect a building or any structure.
c. Erect signs.
d. Move from or to any building.
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e. 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.
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f. Alter or remove a land form in whole or in
part.
The application for a Site Alteration Permit shall
be accompanied by detailed plans including a site
plan, building elevations and design details, and
materials necessary to evaluate the request. The
City Council shall make the determination whether
to approve or disapprove the permit.
ii. Reports: The Building and 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.
lll. 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.
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iv. 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 v.
of this subdivision.
v. 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 Interior's Standards
for Rehabilitation, as revised and if applicable, the
recommendation of the Planning Commission.
vi. Findings: The City Council shall make finding as
to whether a site alteration permit application should
be approved or disapproved, or conditions imposed, as
determined by the criteria specified in Paragraph v. of
this subdivision.
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Vll. 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 hearing. Notice of the hearing shall be
sent to all property owners within three hundred fifty
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(350) feet of the site of the proposed Heritage
Preservation Alteration.
viii. 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.
F. 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 Elk River Building Code,
and may approve the repair without prior Heritage
Preservation Commission or City Council action.
G. 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.
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H. 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
Sherburne County Recorder, unless the County Recorder refuses
to record such designation, and shall transmit a copy of the
recording document to the Building Department.
I. Administrative Procedure: Establishment of Heritage
Preservation Site Overlay Zoning on a specific parcel of land
shall be by amendment to the City's Zoning Map as provided by
this Zoning Ordinance and pursuant to the procedure set forth
in Section 900.44 hereof. The Heritage Preservation
Commission shall make findings as to whether a proposed
Heritage Preservation Site is eligible for heritage
preservation as determined by the standards specified in
Paragraph C of this subsection. If the Heritage Preservation
Commission determines the site meets the standards 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.
Planning Commission Recommendation: The Heritage
Preservation Commission shall advise the Planning Commission
of the proposed designation of a Heritage Preservation Site,
including boundaries, and a program for the preservation of a
Heritage Preservation Site.
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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
limited to, the following factors:
i.
The provisions of Section 900.44 of this Chapter.
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ii. Any other planning consideration which may be
relevant to the proposed designation upon the
surrounding neighborhood.
iii. 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.
Section 2. That this ordinance shall take effect upon publication as provided
by law.
Passed and adopted by the City Council of the City of Elk River this _ day
of , 1999.
Stephanie A. Klinzing, Mayor
ATTEST:
Sandra A. Peine, City Clerk
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