HomeMy WebLinkAbout2002-03 Deleting Section 800 and Replacing With Section 801 and Amending Section 850 EDINA ORDINANCE NO. 2002-3
An Ordinance Replacing Section 800 Heritage Preservation Board with new Section 801
Heritage Preservation Board and Amending Section 850.20
THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS:
Section 1. Section 800 of the Edina City Code is hereby repealed in its entirety.
Section 2. .The City Code is amended by adding a new Section 801 as follows:
"CHAPTER 8. LAND USE, PLATTING AND ZONING
Section 801 —Heritage Preservation
801.01 Policy and Establishment. The City Council finds that historically significant
buildings, sites, structures, objects and districts represent scarce, non-renewable heritage
resources that are critical assets for community development; that heritage preservation is an
important public service and a legitimate responsibility of City government; and that the
preservation, protection and enhancement of significant heritage resources for the benefit of
present and future citizens is a public necessity. Therefore, pursuant to Minnesota Statutes
§471.193, the City Council continues the Heritage Preservation Board (the "Board") as the
City's heritage preservation commission.
801.02 Purpose. The Board shall assist and advise the City Council, City Manager, and other
city boards and commissions on all matters relating to heritage resource preservation, protection
and enhancement. The Board shall safeguard the significant heritage resources of the City by
identifying significant heritage resources and nominating them for designation by the City
Council as Edina Heritage Landmarks; by developing and maintaining a comprehensive
preservation plan; by reviewing applications for city permits in relation to properties designated
as Edina Heritage Landmarks; and by encouraging the preservation, rehabilitation, restoration,
and reconstruction of significant heritage resources through public education.
801.03 Definitions. Unless otherwise stated, or unless the context clearly indicates a different
meaning, the words or phrases in the following list of definitions shall, for the purposes of this
chapter,have the meanings indicated:
Certificate of Appropriateness. A certificate issued by the City Planner and attached to
a city permit evidencing compliance with the city's comprehensive heritage preservation
plan.
City Planner. The member of the City staff responsible for zoning administration.
Comprehensive Heritage Preservation Plan. The official guideplan for implementing
the City's heritage resource preservation policies, adopted by the City Council, that
establishes goals and priorities and integrates heritage preservation with other planning
data.
Edina Ordinance No. 2002-03
Page 2
Edina Heritage Landmark. Any heritage resource so designated by the City Council
that is significant in history, architecture, archeology, or culture and therefore worthy of
preservation and consideration in City planning.
Evaluation. The process of determining whether identified heritage resources meet
defined criteria of historical, architectural, archeological, or cultural significance.
Heritage Preservation Board. The heritage preservation advisory commission
appointed by the City Council.
Heritage Resource. Any prehistoric or historic building, site, structure, object or district
that has historical, architectural, archeological, or cultural value to the citizens of Edina,
the State of Minnesota, or the United States.
Preservation. The act or process of applying measures to sustain the existing form,
structure, integrity, and material of a heritage resource.
Reconstruction. The act or process of reproducing by new construction the exact form
and detail of a vanished building, structure, or object as it appeared during a specific
period of time.
Rehabilitation. The act or process of returning a heritage resource to a state of utility
through repair or alteration that makes possible an efficient contemporary use while
preserving those portions or features of the property which are significant to its historical,
architectural, archeological, or cultural values.
Restoration. The act or process of accurately recovering the form and details of a
heritage resource and its setting as it appeared at a particular period of time by means of
removal or later work or by the replacement of missing historic features.
Significance. The heritage preservation value of buildings, sites, structures, objects, and
districts that are linked to important historical events or persons, or that represent notable
expressions of architecture or engineering, or that have yielded important information
about prehistory or history.
Survey. The physical search for and recording of heritage resources that results in an
inventory of buildings, sites, structures, objects and districts worthy of consideration in
City planning.
801.04 Duties and Responsibilities. The Board shall:
Subd. 1 Advise the City Council, City Manager, and other city boards and
commissions and provide leadership for implementing the heritage preservation chapter.
Subd. 2 Develop and maintain a comprehensive plan for heritage resource
preservation to ensure that community development policies and decisions respect the
City's heritage and promote stewardship of heritage resources.
Subd. 3 Conduct an ongoing survey of historic buildings, sites, structures, objects, and
districts and maintain an inventory of the heritage resources in the City.
Edina Ordinance No. 2002-03
Page 3
Subd. 4 Conduct evaluations to determine the eligibility of heritage resources for
designation as Edina Heritage Landmarks.
Subd. 5 Nominate heritage resources for designation as Edina Heritage Landmarks by
the City Council.
Subd. 6 Review city permit applications in relation to Edina Heritage Landmarks and
make recommendations to the City Planner with respect to issuance of certificates of
appropriateness.
Subd. 7 Review and make recommendations to the Planning Commission on
development projects that affect properties designated heritage landmarks or determined
eligible for designation as heritage landmarks.
Subd. 8 Inform and educate citizens about the City's heritage and the benefits of
preservation.
Subd. 9 Develop regulatory and incentive programs that facilitate heritage
preservation.
Subd. 10 Adopt rules of procedure, subject to City Council approval, to guide the
Board's deliberations.
Subd. 11 Prepare an annual report to the City Council, describing the Board's
accomplishments during the past year and presenting goals and objectives for the coming
year.
801.05. Membership.
Subd. 1 Voting Members. The Board shall consist of nine (9) voting members. Seven
(7) members shall be adult legal residents of the City appointed by the Council to three
(3) year terms of office. Members shall have a demonstrated interest, knowledge, ability
or expertise in heritage preservation. If available, at least one (1) member shall be a
qualified professional historian, architect, architectural historian, archeologist, planner, or
the owner of a heritage landmark property. One (1) member of the Board shall be
appointed annually from the Planning Commission. The Council shall annually appoint
one (1) student to serve on the Board as a voting member. Members of the Board shall
serve without compensation and may resign voluntarily or be removed by majority vote
of the Council or pursuant to Section 180 of this Code. Members who discontinue legal
residency in the City shall be automatically considered to have resigned from office
effective as of the date of such discontinuance. Upon termination of a voting member's
term, that member's successor shall be appointed for the remainder of such term.
Subd. 2. Edina Historical Society Membership. A member of the Board shall be a
member of the Edina Historical Society. .
Subd. 3 County Historical Society Membership. A member of the Board shall be a
member of the Hennepin County Historical Society.
Edina Ordinance No. 2002-03
Page 4
801.06. Organization. The Board shall:
Subd. 1 Elect from its members a chairperson and an associate chairperson, each of
whom shall serve for a period of one year.
Subd. 2 Adopt such bylaws and rules of procedure as shall be necessary or desirable
for the conduct of its business.
Subd. 3 Appoint a secretary from its membership or request assignment of a staff
secretary to be furnished by the City. If a secretary is assigned by the City, the secretary
shall perform only such clerical duties on behalf of the Board as may be assigned by the
chairperson with the consent of the City Manager.
801.07. Professional Staff. The City Manager shall provide the Board with professional staff
with expertise in heritage preservation
801.08. Meetings. All meetings of the Board shall be open to the public and be governed by its
rules of procedure. The Board shall hold its regular meetings on such fixed date and in such
fixed place as it from time to time shall determine, with special meetings at the call of the
chairperson. The minutes of all meetings shall be recorded in writing and a copy of the minutes
transmitted to each member of the Council.
801.09. Repository for Documents. The office of the City Manager shall be the repository for
all minutes, reports, studies,plans and other official documents produced by the Board."
Section 3. Section 850.20 of the Edina Code of Ordinances shall be amended to read as follows:
"850.20 Edina Heritage Landmarks
Subd 1 Purpose. The zoning classification of Edina Heritage Landmark is
established to promote the preservation, protection and use of significant heritage
resources in the City. Heritage landmarks shall be nominated by the Board and
designated by Council resolution.
Subd. 2 Eligibility Criteria. The following criteria will guide the Board and the
Council in evaluating potential heritage landmark designations:
A. The quality of significance in history, architecture, archeology, and culture
present in buildings, sites, structures, objects and districts that reflects:
1. Association with important events or patterns of events that reflect
significant broad patterns in local history; or
2. Association with the lives of historically significant persons or groups
significant; or
3. Embodiment of the distinctive characteristics of an architectural style,
design, period, type, or method of construction; or that possess high
Edina Ordinance No. 2002-03
Page 5
artistic values, or that represent a significant and distinguishable entity
whose components may lack individual distinction; or
4. Important archeological data or the potential to yield important
archeological data.
B. The retention of specific aspects of historical integrity, including location,
design, setting, materials, workmanship, feeling, and association, that convey
significance as a heritage resource worthy of preservation.
Subd. 3 Determination Of Eligibility. The Board shall review the inventory of
heritage resources and evaluate the significance of all properties identified by survey. If
it determines that a surveyed heritage resource appears to meet at least one of the heritage
landmark eligibility criteria, the Board may by majority vote issue a determination of
eligibility for planning purposes.
Subd 4. Nomination Of A Heritage Landmark. Nomination of a property to be
considered for designation as an Edina Heritage Landmark shall be submitted to the
Council by the Board. Each nomination shall be accompanied by a heritage landmark
nomination study prepared by the City Planner. This study shall:
A. Identify and describe in detail the heritage resource being nominated;
B. Explain how the property meets one or more of the heritage landmark eligibility
criteria;
C. Make the case for historical significance and integrity; and
D. Recommend a plan of treatment for the heritage resource, with guidelines for
design review and specific recommendations for preservation, rehabilitation,
restoration, and reconstruction as appropriate.
The study shall be accompanied by a map that clearly locates the property, a detailed plan
of the nominated heritage resource, and archival quality photographs that document
significant features of the building, site, structure, object, or district.
Subd. 5. State Historic Preservation Office Review. The City Planner shall submit all
heritage landmark nominations to the state historic preservation officer for review and
comment within sixty(60) days.
Subd. 6. Planning Commission Review. The City Planner shall submit all heritage
landmark nominations to the city planning commission for review and recommendations
prior to any Council action.
Subd. 7 Public Hearing. On receipt of the heritage landmark nomination documents
and the comments of the state historic preservation office and the city planning
commission, the Council shall hold a public hearing to consider the proposed landmark
designation.
Subd. 8 City Council Designation. The Council may designate a property as an Edina
Heritage Landmark by resolution.
Edina Ordinance No. 2002-03
Page 6
Subd. 9 Designation Of Heritage Landmarks On Zoning Map. The Planning
Commission shall place all designated heritage landmarks on the official city-zoning
map.
Subd. 10 Review Of Permits.
A. To protect significant heritage resources, the Board shall review all
applications for city permits for the following types of work in relation to a
designated heritage landmark:
1. Demolition of any building or structure, in whole or in part;
2. Moving a building or structure to another location;
3. Excavation of archeological features, grading or earth moving in areas
believed to contain significant buried heritage resources; and
4. New construction.
B. No city permit for the types of work described in the subsection above will be
issued without a certificate of appropriateness signed by the City Planner and
approved by the Board, evidencing compliance with the comprehensive
heritage preservation plan. Certificates of appropriateness may be granted
subject to conditions.
C. Permit review decisions shall be based on the Secretary of the Interior's
Standards for the Treatment of Historic Properties, the Comprehensive
Heritage Preservation Plan, and the heritage landmark preservation study for
each designated property.
D. The City Planner and the Board shall complete their review of applications for
city permits requiring certificates of appropriateness within forty-five (45)
days of the date of application.
E. The City Planner and the Board may issue certificates of appropriateness for
work projects submitted voluntarily by owners of heritage resources.
F. To assure compliance with the goals and policies of the comprehensive
heritage preservation plan, the Board shall review every application for a
preliminary plat, conditional use permit, variance, or rezoning in relation to a
designated heritage landmark; and the City planning commission shall give
the Board a reasonable opportunity to comment on such projects before
making its recommendation to the Council.
Subd. 11 Appeals All decisions of the City Planner and the Board with respect to
certificates of appropriateness shall be subject to review by the Council. Any party
Edina Ordinance No. 2002-03
Page 7
aggrieved by the denial of a certificate of appropriateness shall have a right to appeal
such decision directly to the Council by filing a written notice of appeal with the City
Clerk. Upon receipt of the notice, the City Clerk shall transmit a copy to the Board.
Subd. 12. Violation. Violations of the provisions of this chapter or the conditions of
approval granted thereunder shall be a misdemeanor. This chapter may also be enforced
by injunction, abatement, or any other appropriate remedy in any court of competent
jurisdiction.
Subd. 13 Maintenance Of Heritage Landmark Properties. Every owner or person in
possession of a designated heritage landmark shall keep the property in good repair."
Section 4. This ordinance shall be in full force and effect upon passage.
First Reading: June 4, 2002
Second Reading: June 18, 2002
Published: June 25, 2002
Attest i ctl "6 1`,Z
Debra Mangen, City Clem Dennis F. Maetzold, ayor 11
City of Edina
(Official Publication)
EDINA ORDINANCE NO.2002-3
An Ordinance Replacing Section 800 Heritage
Preservation Board with new Section 801 Heritage
+ Preservation Board and Amending Section 850.20
newspapers THE CITY COUNCIL OF THE CITY OF EDINA OR-
I DAINS:
AFFIDAVIT OF PUBLICATION Section 1. Section 800 of the Edina City Code is hereby
repealed in its entirety.
Section 2. .The City Code is amended by adding a new
STATE OF MINNESOTA) Section 801 as follows:
SS.
"CHAPTER S.LAND USE,PLATTING AND ZONING
COUNTY OF HENNEPIN) Section 801—Heritage Preservation
801.01 Policy and Establishment. The City Council
Gene Carr,being duly sworn on an oath states or affirms,that he is the publisher of the news- finds that historically significant buildings,sites, -
tures,objects and districts represent scarce,non-renewenew-
able heritage resources that are critical assets for commu-
paper known as Sun-Current and has full knowledge of the facts stat- nity development;that heritage preservation is an impor-
tant public service and a legitimate responsibility of City
government;and that the preservation,protection and en-
ed below: bancement of significant heritage resources for the bene-
fit of present and future citizens is a public necessity.
(A)The newspaper has complied with all of the requirements constituting qualification as a Therefore,pursuant to Minnesota Statutes 3471.193,the
City Council continues the Heritage Preservation Board
(the'Board")as the City's heritage preservation comuiis-
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable cion.
801.02 Purpose. The Board shall assist and advise the
laws,as amended. City Council, City Manager, and other city boards ano
commissions on all matters relating to heritage resource
(B)The printed public notice that is attached was published in the newspaper once each week, preservation,protection and enhancement. The Board
shall safeguard the significant heritage resources of the
for one successive weeks; it was first published on Wednesday, the 26 day of city bya identifying significant heritage resources and
nominating them for designation by the City Council as
Edina Heritage Landmarks;by developing and maintain-
June , 2002, and was thereafter printed and published on every Wednesday to and ing a comprehensive preservation plan;by reviewing ap-
plications for city permits in relation to properties desig-
nated as Edina Heritage Landmarks;and by encouraging
including Wednesday, the day of 2002;and printed below is a copy of the preservation, rehabilitation, restoration, and recon-
struction of significant heritage resources through public
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being education.
801.03 Definitions. Unless otherwise stated,or unless
the size and kind of type used in the composition and publication of the notice: the context clearly indicates a different meaning,the
words or phrases in the following list of definitions shall,
for
abcdefghijkhnrropgrstuvwxyz cat deposes of this chapter,have the meanings indi-
Certificate of Appropriateness.A certificate issued by
BY: the City Planner and attached to a city permit evidencing
compliance with the city's comprehensive heritage preser-
Preside"t and Publisher vation plan.
City Planner. The member of the City staff responsible
for zoning administration.
Comprehensive Heritage Preservation Plan.The of-
Subscribed and swor or affirmel be ore me ficial guideplan for implementing the City's heritage re-
source preservation policies,adopted by the City Council,
da Of ,2 02. that establishes goals and priorities and integrates her-
on this y itage preservation with other planning data.
\ Edina Heritage Landmark. Any heritage resource so
2J/1 designated by the City Council that is significant in histo-
ry,architecture,archeology,or culture and therefore wor-
thy of preservation and consideration in City planning.
Nota Publi ^' °'�"" �vvvv d" "n"£''�`"y • Evaluation. The process of determining whether identi-
MERIDEL(1 HEDBLOMI fled heritage resources meet defined criteria of historical,
VPU�UCMINfVESOTA architectural,archeological,or cultural significance.
�. i0iN
e MY COWAISSIO.EXPIRES 1.31-3005 Heritage Preservation Board. The heritage preserva-
tion advisory commission appointed by the City Council.
C�','�Ov'�^.�/Mfv1MV6g!'NV`dY'`J'e 9b�M1.h�Yi^."M°v'ar a
Heritage Resource.Any prehistoric or historic building,
site,structure,object or district that has historical,archi-
RATE INFORMATION tectural,archeological,or cultural value to the citizens of
(1)Lowest classified rate paid by commercial users $ 2.85 per line
for comparable space
(2)Maximum rate allowed by law $ 6.20 per line
(3) Rate actually charged $ 1.40 per line
o . rw anu eaucate clnzens about me C.�tys tier-
e and the benefits of preservation.
d.9 Develop regulatory and incentive programs that'
litate heritage preservation:.,
d.10 Adopt rules of procedure,subject to City Coun
ipproval,to guide the Board's deliberations.
i
d.11 Prepare an annual peport;to the Qitp CAuucil,ilei
oing the Board's accomplishments durigg the past year
presenting goals and objectives for the comingyear.
.05. Membership.
d.1 Voting Members.The Board shall consist of nine
'oting members.Seven(7)members shall be adult legal„
dents of the City appointed by the Council to three(3)
terms of office. Members shall have a demonstrated
rest,knowledge,ability or expertise in heritagepreser-
on. If available,at least one(1)member shall be a
lified professional historian, architect,architectural
orian,archeologist,planner,or the owner of a heritage
lmark property.One(1)member of the Board shall be
Hinted annually from the Planning Commission.The
ncil shall annually appoint one(1)student to serve on
Board as a voting member.Members of the Board shall
e without compensation and may resign voluntarily or
emoved by majority vote of the Council or pursuant to
.ion 180 of this Code. Members who discontinue legal
lency in the City shall be automatically considered to
resigned from office effective as of the date of such
ontinuance. Upon termination of a voting member's
i,that member's successor shall be appointed for the
ainder of such term.
J.2. Edina Historical Society Membership. A
fiber of the Board sharl be a member of the Edina His
:al Society.
1.3 County Historical Society Membership.A
fiber of the Board shall be a member of the Hennepin
aty Historical Society.
06. Organization. The Board shall:
1.1 Elect from its members a chairperson and an as-
its chairperson,each of whom shall serve for a period
to year.
1.2 Adopt such bylaws and rules of procedure as shall '
ecessary or desirable for the conduct of its business.
1.3 Appoint a secretary from its membership or re-
t assignment of a staff secretary to be furnished by the -
If a secretary is assigned by the City,the secretary
I perform only such clerical duties on behalf of the
•d as may be assigned by the chairperson with the con-
of the City Manager.
D7. Professional Staff.The City Manager shall pro-
the Board with professional staff with expertise in
:age preservation
D8. Meetings. All meetings of the Board shall be
to the public and be governed by its rules of proce-
The Board shall hold its regular meetings on such
date and in such fixed place as it from time to time
.determine,with special meetings at the call of the
person. The minutes of all meetings shall be record
writing and a copy of the minutes transmitted to each
ober of the Council.
D9. Repository for Documents. The office of the
Manager shall be the repository for all minutes,re-
i,studies,plans and other official documents produced
ie Board."
ion 3. Section 850.20 of the Edina Code of Ordi- i
es shallbe amended to read as follows:
20 Edina Heritage Landmarks l
11 Purpose.The zoning classification of Edina Her-
Legals continued on next page