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HomeMy WebLinkAbout2023-05-09 Heritage Preservation Meeting PacketAg enda Heritage Preservation Commission City Of E dina, Minnesota Com munity R oom, E dina City Hall Tuesday, May 9, 2023 7:00 PM I.Ca ll To Ord er II.Roll Ca ll III.Approva l Of Meeting Agenda IV.Approva l Of Meeting Min u tes A.Ap ril 11, 2023 Meeting Min u tes V.Special Recogn ition s An d Presentation s A.Com m ission Mem ber Review VI.Com m u n ity Com m ent During "Community Comment," the Board/Commission will invite residents to share relevant issues or concerns. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. G enerally speaking, items that are elsewhere on tonight's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Board/Commission Members to respond to their comments tonight. Instead, the Board/Commission might refer the matter to sta% for consideration at a future meeting. VII.Rep orts/Recom m en d ation s A.COA: 4904 Ard en Aven u e VIII.Cha ir An d Mem ber Com m ents IX.Sta, Com m ents A.Ap ril 11, 2023 Meeting Follow Up B.Hu m an Services Ta sk Force Volunteer X.Adjournm en t The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing ampli4cation, an interpreter, large-print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. Date: May 9, 2023 Agenda Item #: I V.A. To:Heritage P reservation C ommission Item Type: Minutes F rom:Emily Bodeker, As s is tant C ity P lanner Item Activity: Subject:April 11, 2023 Meeting Minutes Ac tion C ITY O F E D IN A 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: Approve the April 11, 2023 H eritage P reservation Commission minutes. I N TR O D U C TI O N: AT TAC HME N T S: Description April 11, 2023 HPC Minutes Draft Minutes☒ Approved Minutes☐ Approved Date: X/XX/23 Minutes City of Edina, Minnesota Heritage Preservation Commission Tuesday, April 11, 2023 I. Call to Order Chair Lonnquist called the meeting to order at 7:00 p.m. II. Roll Call Answering roll call were Chair Lonnquist, Commissioners Cundy, Everson, Nickels, Hassenstab, Schilling, Jarvinen, Farrell-Straus and student member Maheshwari. Staff present: HPC Staff Liaison Emily Bodeker, City Planner Cary Teague III. Approval of Meeting Agenda Motion made by Schilling, seconded by Hassenstab, to approve the meeting agenda as submitted. All voted aye. The motion carried. IV. Approval of Meeting Minutes Motion made by Schilling, seconded Everson, to approve the March 14, 2023, meeting minutes. All voted aye. The motion carried. V. Community Comment: None VI. Reports/Recommendations A. COA Amendment: H-22-4 4506 Sunnyside Road Liaison Bodeker updated Commission on background information about the property. The proposed COA is associated with changes to a street-facing façade, concerning the addition of a detached garage and its renovation. Chair Lonnquist updated that the proposed COA contains modest changes but is worth reviewing with the Commission to air on the side of caution. Motion made by Hassenstab, seconded by Everson, to approve the amended COA as submitted. Commissioners Lonnquist, Everson, Nickels, Hassenstab, Schilling, Jarvinen, and Farrell-Straus voted aye. Commission Cundy abstained. The motion carried. Draft Minutes☒ Approved Minutes☐ Approved Date: X/XX/23 B. 2023 Edina Heritage Award Liaison Bodeker updated that 2 nominations were made for the award and made note that the winner of the award will be presented to the City Council in May. Chair Lonnquist updated on the walking tour that was put on by Docomomo and gave an overview of the two properties that were nominated, 5317 and 5301 Whiting Avenue. Commissioner Everson gave an overview of the second nomination, St. Peter’s Lutheran Church. The Commission discussed both nominations and the history and architecture of each. Motion made by Schilling, seconded by Farrell-Straus, to award St. Peter’s Lutheran Church the Heritage Preservation Award. All voted aye. The motion carried. VII. Chair and Member Comments: Chair Lonnquist asked that the Commission begin positively affirming attendance by email no later than the Monday before the upcoming meeting. Chair Lonnquist also noted to make sure Commission is always stating their findings. She also updated that the Doors Open Minneapolis is coming back on May 13 and 14th, it is a free event with lots of cool behind-the-scenes tours of buildings. Chair Lonnquist also thanked Commissioner Jarvinen for sending drone footage included in the email. Commissioner Schilling updated that she is leading two history walking tours on April 29th and May 20th. Commissioner Everson updated on the Century Homes Program that is hoping to launch in early 2024. One of the key aspects is the plaque recognition program, which will include a 7x5 inch plaque that will detail the year of the home. The production cost from Montague for the aluminum plaque is around $100. The production cost from Paul Zimmerman Foundries for the aluminum plaque is $156 with a 15% historic group discount and the bronze plaque would be $193 per plaque. The third vendor is in St. Paul and provided an estimated cost for the bronze plaque of around $200-260. Commissioner Cundy asked a question regarding issuing COAs about changing the siding of properties. He also discussed what the city website states regarding when COAs are needed, emphasizing that the Commission must start following the law. VIII. Staff Comments: Liaison Bodeker informed the HPC that staff is meeting with the potential Preservation Consultant on Thursday. She also updated the timeline for the ordinance, plan of treatment, and escrow fee policy. The document will be reviewed by both Consultant Vogel and the new consultant. The document will then come to the HPC to make a recommendation. The recommendation will then be passed to the Planning Commission and City Council. Draft Minutes☒ Approved Minutes☐ Approved Date: X/XX/23 IX. Adjournment Motion made by Cundy, seconded by Schilling, to adjourn the meeting at 8:03 pm. All voted aye. The motion carried. Respectfully submitted, Emily Bodeker Date: May 9, 2023 Agenda Item #: V.A. To:Heritage P reservation C ommission Item Type: O ther F rom:S cott Neal, C ity Manager Item Activity: Subject:C ommis s ion Member R eview Information C ITY O F E D IN A 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: None. I N TR O D U C TI O N: F or information only. AT TAC HME N T S: Description Board and Commission Member Review Board and Commission Member Handbook 1 Board & Commission Member Review Updated 2023.03.28 Agenda Review •Roles •Advisory Groups Work Plan Development •Citywide work plans •Calendar •Roles •Subgroups Ethics •Gifts •Conflict of Interest •Code of Ethics Council StaffCommissions Decide Strategy Advise Council Community Perspective Manage operations, Implement Policy, Advise Council Technical Analysis Council •Make policy-level decisions •Hire & supervise City Manager •Approve -Budget and related work plan -Ordinances and policy decisions -Development proposals -Variances and rezoning requests •Appoint advisory boards and commissions Staff •Provide best efforts and technical advice to Council •Manage operations and staff •Propose budget and policies •Carry out Council decisions •Deliver services •Equitable enforce codes and policies Advisory Boards, Commission & Task Forces •Provide community perspective on values and needs •Propose work plan items •Advise the council through work plan charges •Hold hearings as directed by Council •Assist as directed in work plan with engagement efforts Roles 4 Elected Officials Fundamentals: ▪Make Community Decisions ▪Determine Community Direction ▪Free and Fair Elections ▪Rep resen tative Democracy;Le ad an d Follow ▪Law Making –Set Policy ▪Oversight –Enforce Policy 5 Staff Liaisons Fundamentals: ▪Provide technical expertise to Council & commissions ▪Communicate commission work to City Council ▪Manage commission records Advisory Boards & Commissions Fundamentals: ▪Advisory to the Council ▪Community Perspective ▪Additional Community Voice and Context ▪Share the Load ▪Buffer for Council ▪Training Ground for Future Leaders Levels of Engagement Increasing Impact on the Decision Inform Consult Involve Collaborate Empower SHARE COLLECT BRING TOGETHER Board & Commissions Task Forces Website Open House Public Hearing Workshop Survey Focus Groups Public Meetings Publications City Extra Correspondence Stakeholder Interviews Fact Sheets Comment FormsFairs/Events Tours & Field Trips 9 8 Legitimacy & Accountability Boards, Commissions & City Staff Legitimacy from the City Council Accountable to the City Council 9 We will not always agree…Council City StaffBoards & Commissions Decide Technical Analysis Community Perspective Provide Council with the best information possible during the decision making process. Rights & Responsibilities 10 Rights •You are a resident •Ability to engage on topics of interest •Speak as a resident at public hearings or community comment regarding topics not related to commission work Responsibilities •You are a board or commission member •Represent the decision of the board/commission •Use board/commission communication channels to provide feedback regarding topics related to work 11 Commission Subcommittee Working Group Task Force Tenure Ongoing Temporary Temporary Temporary Members Residents Commission members only Commission + Public members As defined Scope Work Plan Work Plan Item Work Plan Item Task Force Charge OML Required Not required Not required Not required Staff Support Yes No Not typically Yes Reports To Council Commission Commission Council or City Manager Work Plans 12 14 Budget Pillars / City Values Stewardship •We make wise investments that focus on the best long-term value for residents. Equity •We provide equitable opportunities for people to participate in their City government and access City institutions, facilities, and services. Health •We use a Health - in-All Policies approach to promote and protect the physical, mental and social wellbeing of all people who live, work or visit Edina. Sustainability •We ensure that our policies, decisions, and plans have a positive impact on people and the planet now and for future generations. Values Viewfinder 17 Commission Up WWW.EDINAMN.GOV 18 Council Staff Commission Work Plan Calendar January Work plans begin June–Aug. Develop proposed work plan September Approved work plans due October Chair presents work plans to City Council November Staff presents work plan to City Council December Work plans approved by City Council 15 Work Plan Development Roles WWW.EDINAMN.GOV 20 Commission Chair •Lead work plan development •Make sure work plan is not overloaded •Ensure there is a “lead(s)” to each initiative •Present proposed work plan to City Council Staff Liaison •Provide technical expertise, recommendations and advice to the commission •Provide clear recommendations to City Management and/or Council to consider •Ensure work plan template fields are completed 16 21 Charge 1: Study & Report Study a specific issue or event and report its findings to the Council No vote No recommendation Charge 2: Review & Comment Review specific policy issue and staff will seek comments from each individual member of the group to pass on to Council No vote No recommendation Charge 3: Review & Recommend Review a specific policy issue and provide a recommendation on the issue to Council Majority vote required Recommendation Charge 4: Review & Decide Study, review and decide on an issue. The decision will be the City’s official position on the matter unless it is formally reversed by Council Majority vote required Decide Work Plan vs Non-Work Plan Items 22 Work Plan Items •Approved by City Council •Focus work •Alignment with overall work of the council •Dedicated resources •Delegation of some authority and staff time Non-Work Plan Items •Items not approved by City Council, including items located in the “parking lot” •No dedicated resources •Can ask Council for work plan modification through advisory communication (rare) 18 Ethics 23 Conflict of Interest 24 DEFINITION Any member who has a financial interest in, or who may receive a financial benefit as a result of, any BC action or if there is potential for the appearance of conflict of interest WHAT SHOULD YOU DO Disclose the conflict or interest to the group Abstain from discussing or voting on the matter 26 Gifts 25 DEFINITION Any invite or item of value from an “interested party” in conjunction with your board and commission work WHAT SHOULD YOU DO Abstain from taking the gift Contact your staff liaison EXAMPLE Code of Ethics WWW.EDINAMN.GOV 26 •I have been entrusted by the Edina City Council to perform my duties and services as a volunteer Board or Commission Member i n manner that is always in the best interests of the community of Edina. •While honest differences of opinion may develop, I will work harmoniously with other Board or Commission members to assure residents the services they require. •I will invite all residents to express their opinions so I may be properly informed prior to making my decisions. I will make them based solely upon the facts available to me. I will support the final decision of the Board. •I must devote the time, study and thought necessary to carry out my duties. •I understand that the Board or Commission members recommend policies, the City Council establishes policies and the staff is responsible for administering the policies of the City Council. •I understand that as a Board or Commission Member, I have no authority outside of the proper meeting of the Board. •I understand that all Board meetings shall be open to the public, except as provided by law. •I understand that it is my duty as a Board or Commission member to treat all residents, staff and fellow Board and Commission members in a respectful and professional manner at all times. •I will withdraw from discussions and decision-making actions in cases where I have a conflict of interest and I will disclose those conflicts of interest when they arise. WWW.EDINAMN.GOV 27 Questions? MEMBERHANDBOOK City of Edina Boards & Commissions Board/Commission Member Handbook 1 | Page CONTENTS UPDATED 2023.02.28 Inside the City ............................................................................................................................................................................. 3 City Authority ................................................................................................................................................ 3 Council, Staff, & Commission Roles ......................................................................................................... 4 City Council ................................................................................................................................................... 5 City Leadership .............................................................................................................................................. 5 City Organizational Structure .................................................................................................................... 6 Department Functions ................................................................................................................................. 6 Council, Staff, Commission Roles ........................................................................................................................................... 8 Staff Liaisons ................................................................................................................................................... 8 Edina’s Advisory Boards and Commissions ............................................................................................ 8 Roles ................................................................................................................................................................. 9 Commission Structure ............................................................................................................................................................ 10 Membership and Onboarding................................................................................................................... 10 Membership .................................................................................................................................................. 10 Guidelines: .................................................................................................................................................... 10 Types of Members ...................................................................................................................................... 10 Key Players ................................................................................................................................................... 11 Committees and Working Groups ......................................................................................................... 11 Committee / Working Group Membership & Guidelines ................................................................ 12 Membership .................................................................................................................................................. 12 Guidelines: .................................................................................................................................................... 12 Membership .................................................................................................................................................. 12 Guidelines: .................................................................................................................................................... 12 Key Components of Working Groups .................................................................................................. 13 Sub-groups and Chair Assignments ........................................................................................................ 13 Disbanding..................................................................................................................................................... 14 Guiding Documents .................................................................................................................................... 14 Member Handbook..................................................................................................................................... 14 Work Plans ................................................................................................................................................................................. 14 Work Plan Process ..................................................................................................................................... 14 Annual Work Plan Calendar .................................................................................................................... 15 Work Plan Development .......................................................................................................................... 15 Board/Commission Member Handbook 2 | Page Roles ............................................................................................................................................................... 16 Council Charges .......................................................................................................................................... 16 Work Plan vs Non-Work Plan Items ..................................................................................................... 18 Meetings ...................................................................................................................................................................................... 18 Types of Meetings ....................................................................................................................................... 18 Regular Meetings ......................................................................................................................................... 18 Special Meetings........................................................................................................................................... 18 Joint Work Session Meeting ..................................................................................................................... 18 Attendance ................................................................................................................................................... 19 Quorum and Voting ................................................................................................................................... 20 Meeting Packet ............................................................................................................................................. 20 Agenda ........................................................................................................................................................... 20 Minutes .......................................................................................................................................................... 21 Robert’s Rules of Order............................................................................................................................ 21 Communication ......................................................................................................................................................................... 22 Open Meeting Law...................................................................................................................................... 22 Communication with City Council ......................................................................................................... 23 Communication with the Public .............................................................................................................. 24 Ethical and Respectful Conduct ............................................................................................................................................. 26 Conflict of Interest ..................................................................................................................................... 26 Gifts ................................................................................................................................................................ 27 Respectful Behavior .................................................................................................................................... 27 Code of Ethics ............................................................................................................................................. 27 Novus Boardview ........................................................................................................................................ 28 Board/Commission Member Handbook 3 | Page INSIDE THE CITY City Authority Cities are created under state statute and subservient to state and federal law. The state of Minnesota has two “types” of cities and many “forms” of cities. The two types of cities are Home-Rule Charter (HRC) and Statutory City (SC). Edina is a Plan B Statutory City. STATUTORY CITY POWERS • Create departments, advisory boards, and appoint employees to conduct City affairs • Make annual tax level and exercise authority over finances • Provide parks and recreation facilities • Prosecute people who violate ordinances • Plan for future development of the City • Levy special assessments for public improvements • Carry out a program of housing redevelopment • Control the subdivision of land CITY COUNCIL RESPONSIBILITIES • Council holds legislative authority • City Council consists of the Mayor and four Council members • Council sets policy • Each council members have an equal vote • City council hires, fires, and supervises only one city employee: City Manager • City Council holds City Manager accountable CITY MANAGER RESPONSIBILITIES • City Manager holds administrative and management authority • City Manager is accountable to the City Council • City Manager hires staff and carriers out city operations Home-Rule Charter (HRC) As defined by charter Statutory City (SC) Standard Plan A Plan B Board/Commission Member Handbook 4 | Page Council, Staff, & Commission Roles Objectives of Boards and Commissions: • City Council establishes Boards and Commissions to engage residents into city work. • City Staff supports Boards and Commissions to assist with effective governance. • Board and Commission members serve the community and can participate in meaningful work. Supporting City Council: Edina’s Boards and Commissions are established by the City Council and serve as advisors to the council. Boards and Commissions and City Staff are accountable to City Council. Council • Make policy-level decisions • Hire & supervise City Manager • Appoint advisory boards and commissions • Approve - Budget and related work plan - Ordinances and policy decisions - Development proposals - Variances and rezoning requests Staff • Provide best efforts and technical advice to Council • Manage operations and staff • Propose budget and policies • Carry out Council decisions • Deliver services • Equitable enforce codes and policies Advisory Boards, Commission & Task Forces • Provide community perspective on values and needs • Propose work plan items • Advise the council through work plan charges • Hold hearings as directed by Council • Assist as directed in work plan with engagement efforts Board/Commission Member Handbook 5 | Page City Council Mayor James Hovland James Pierce Carolyn Jackson Kate Agnew Julie Risser Fundamentals of elected officials • Make Community Decisions • Determine Community Direction • Free and Fair Elections • Representative Democracy: Lead and Follow • Law Making – Set Policy • Oversight – Enforce Policy Authority of City Council • City Council is a continuing body, past actions remain in effect. • Authority is through Council as a whole, and not as individual members. • Mayor and Council Members generally have the same authority. • Mayor presides over meetings and has some additional ceremonial and ministerial functions. • Communication from Council to staff flows through City Manager, Assistant City Manager, and Department Directors. Legitimacy & Accountability City Leadership Scott Neal City Manager • Responsible for hiring and managing City staff • City Manager carries out policy direction of Council Lisa Schaefer Assistant City Manager Boards, Commissions & City Staff Legitimacy from the City Council Accountable to the City Council Board/Commission Member Handbook 6 | Page City Organizational Structure Department Functions Human Resources • Recruitment and selection • Compensation and benefits • Employee and labor relations • Employment policies • Performance management • Training and development • Safety and worker’s compensation • General liability and risk management • Payroll Communications • Media and publications • Marketing • Website and social media Finance • Budget • Investments • Accounts payable Public Works • Street maintenance • Utility Operations • Fleet Maintenance Engineering • Design • Project management • Environmental services • Transportation • Sustainability strategy & measurements • Property management • HVAC • Electrical Parks and Recreation • Recreation programs • Manage enterprise facilities • Liquor Store Operations • Parks maintenance City ManagerCommunications Director Community Development Director Engineering Director Fire Chief Parks & Recreation Director Police Chief Public Works Director Assistant City ManagerFinance Director HR Director IT Director Admin Department Community Engagement Manager Race & Equity Manager City Clerk Executive Assistant Management Fellow Board/Commission Member Handbook 7 | Page • Accounts receivable Police • Patrol • Investigations • Dispatch • Records • Community Health Fire • Fire suppression and prevention • Emergency medical • Emergency preparedness • Building plan review • Building permits • Building inspections I.T. • Network management • Telecommunications • End-user support and training • GIS Community Development • Planning • Zoning • Heritage preservation • Sign permits • Residential & commercial appraisal • Economic Development Administration • Council relations • Boards and Commissions • Strategic Planning • Neighborhood Associations • Elections • Records Management & Licenses • Performance measurement NOT INCLUDED IN CITY SERVICES Area Governance School Edina, Hopkins and Richfield School Districts Some Arterial Roads Hennepin County Highways MNDOT Libraries Hennepin County Social Services Hennepin County Courts Hennepin County Correctional System Hennepin County and State of Minnesota Waste Water Treatment Metropolitan Council MSP Airport Metropolitan Airport Commission Creeks and Some Waterways Watershed Districts Board/Commission Member Handbook 8 | Page COUNCIL, STAFF, COMMISSION ROLES Staff Liaisons Laura Fulton Arts & Culture Commission Cary Teague Planning Commission Perry Vetter Parks & Recreation Commission Andrew Scipioni Transportation Commission Shelagh Stoerzinger Board of Appeals & Equalization Emily Bodeker Heritage Preservation Commission Dave Fisher Construction Board of Appeals Grace Hancock Energy & Environment Commission Jeff Brown Community Health Commission Heidi Lee Human Rights & Relations Commission Fundamentals of Staff Liaisons  Provide technical expertise to Council & commissions  Communicate commission work to City Council  Manage commission records Edina’s Advisory Boards and Commissions  Arts & Culture Commission  Community Health Commission  Energy & Environment Commission  Heritage Preservation Commission  Human Rights & Relations Commission  Board of Appeals & Equalization  Construction Board of Appeals  Planning Commission  Parks & Recreation Commission  Transportation Commission Fundamentals of Advisory Boards and Commissions  Advisory to Council  Special expertise  Additional community voice and context  Share the load  Buffer for Council Board/Commission Member Handbook 9 | Page  Training ground for future leaders Roles The city uses the International Association for Public Participation’s spectrum to structure engagement and determine the level of influence the public can have on decisions. One technique of engagement is utilizing Boards and Commissions. Boards and Commissions have a higher impact on decisions and therefore are located on the spectrum under “collaborate”. City code identifies advisory board and commission roles. COMMISSION ROLE  Investigate matters within scope of the commission or as specifically directed by Council  Advise the council by communicating the viewpoint or advice of the entire commission  At the direction of council, hold hearings, receive evidence, conduct investigations, make decisions, and provide recommendations to Council NOT COMMISSION’S ROLE  Commissions do not direct the work of city staff  Do not take responsibility for financial performance of any city facility or program Board/Commission Member Handbook 10 | Page COMMISSION STRUCTURE Membership and Onboarding Types of Members There are two types of board and commission members: November Member assessment December Reappointments Application Opens Recruitment January Application Closes Interview Start February Interviews Completed Appointments Orientation March Terms start March 1 First meeting for new members BOARDS & COMMISSIONS Membership • Members are selected by City Council. • Membership consists of regular and student members. • All appointments have term limits. • Subject to Open Meeting Law • The City Manager appoints a staff liaison who provides administrative support to the board/commission as a body. Guidelines: • Boards and commissions are established to advise the City Council • Establishment and missions are outlined in City code • Boards and commissions are on-going • Meetings of boards and commissions are public meetings • Commissions can establish committees and working groups Regular Members Must be 18 years of age or older Must live in Edina Voting member Terms are typically 3 years in duration Student Members Full time sophmore, junior or senior Lives in Edina or open enrolled at Edina High School Non voting member Serve a one year term Board/Commission Member Handbook 11 | Page Key Players Committees and Working Groups Local governments often use a variety of resident advisory groups, including Boards and Commissions, to complete the mission of the City. Commissions may create Committees and Working Groups to assist them with their work plan, however, committees and working groups work at the direction of the whole board and commission. Role of these groups: • Study issues in greater depth and report findings • Assist with community initiatives or events Chair •Provide input on agenda •Lead meetings & facilitate discussion •Facilitate development, completion, and progress updates for work plan •Encourage member participation •Manage areas of conflict Vice Chair •Support chair •Perform chair duties when chair is not available Liaison •Prepare agenda & meeting materials •Provide official notice of meetings •Record & prepare minutes •Maintain official records •Provide technical expertise & access to city staff/resources •Relay information to council Composition Temporary On-going Board/Commission Sub-Committee Commission Members Only Working Group Commission Members Public Members Board/Commission Member Handbook 12 | Page Committee / Working Group Membership & Guidelines COMMITTEES Membership • The commission selects at least two, but less than a quorum of members • All members must be members of the commission • The commission selects a chair or co-chairs • Not subject to Open Meeting Law Guidelines: • Committees are established with the approval of the commission to assist with a work plan initiative • The commission has final recommendations on all matters which the committee has been given guidance • Staff does not provide support to committees • Meetings of Committees are not public meetings WORKING GROUPS Membership • A Working Group is comprised of one or more members of the Board/Commission, but less than a quorum of members and includes members of the public. • Commission selects the chair or co-chairs • The chair will recommend to the commission other working group members who are outside of the Board/Commission. The board/commission appoints additional working group members. • Not subject to Open Meeting Law Guidelines: • Established with the approval of the commission • Created when work requires more support • Set timeline • Notice is given to the public of the formation of the working group providing a minimum of 14 days for the public to express interest before members are selected • Commission has final recommendations on all matters of the working group • Staff liaison does not support working groups • Meetings of working groups are not legally required to be public Boards and commissions should consider creating a working group when: • The board or commission members need more support. • The work requires a specific expertise or time. • The work needs more community engagement to identify issues and concerns Board/Commission Member Handbook 13 | Page Key Components of Working Groups Establishment • Prior to the establishment of a working group, the commission should complete a “greenprint” which is a template for determining the need of the working group • The “greenprint” should be approved by the commission at a regular scheduled meeting Public Notice • The commission must put out notice of the establishment of the working group (i.e. press release, city communication channels) • Notice should be given a minimum of 14 days so interested individuals can come forward to volunteer Leadership • The chair or co-chair positions should be held by voting commission members • The commission appoints the chair or co-chairs Size • Working groups should not exceed 7 members (5 is preferable) Time • Working groups are established for a set time in order to complete a task set forth by the commission Disbanding • The commission can disband a working group at any regular meeting by a majority vote • In the case that no member of the commission is available to serve, the working group will be automatically disbanded Work • Working groups do not provide direction to the commission • The commission has final recommendation on all matters Sub-groups and Chair Assignments Appointments: Committees and working groups work at the discretion of the entire commission so therefore the commission makes the appointments of all members. Resignation or Removal: Committee and working group members may voluntarily resign by notifying the chair of the group. A committee or working group member may be removed by a majority vote of the commission. Chair Assignments: Every committee and working group should have regular member(s) serving as the chair or co- chairs. The commission approves the selection of chairs. Chair Duties: • Set the meeting schedule • Prepare meeting agenda • Maintain meeting decorum • Recommend members (working group) and notify commission of changes in membership • Report on the group’s activities to the regular commission meetings • Ensure the group is working as directed by the commission Board/Commission Member Handbook 14 | Page • Communicate to the Committee or Working Group any directives, questions or input from the commission Disbanding Committees and working groups are not intended to be ongoing. These groups can be disbanded by a majority vote of the commission or they will automatically disband in the following instances: • Completion of work / charge • No member of the commission is available to serve Guiding Documents 1 City Code • Outlines general roles of boards and commissions • Identifies each board or commissions mission • If there is discrepancy between city code and other guiding documents, city code prevails 2 Work Plan • Work approved and directed to the commission by Council 3 Member Handbook • The guide you are reading right now! WORK PLANS Work Plan Process Board/Commission Member Handbook 15 | Page Annual Work Plan Calendar Annual work plans ensure that the Commissions’ initiatives are aligned with the City Council’s priorities. Work Plan Development Work plans are developed by the commission. During the process the staff liaison will provide input and technical expertise. Once proposed work plans are presented to Council, staff will conduct a review and provide recommendations prior to Council approval. January Work plans begin June–Aug. Develop proposed work plan September Approved work plans due November Staff presents work plans to City Council October Chair presents work plan to City Council December Work plans approved by City Council Council Staff Commission June Brainstorm Collect Ideas What do you want to work on? July Review list of ideas Reduce list How much capacity do you have? August Determine the priorities Who is leading the project? September Approved proposed work plan Board/Commission Member Handbook 16 | Page Roles Council Charges  The Council Charge is a guide for Council to provide clear and specific direction to Boards and Commissions on.  Council Charge is given in instances when Council tasks a board or commission with an initiative.  City staff ensures Council identifies the charge level of the task.  The Council Charge concept is implemented in Board and Commission work plans. Examples: - Council needs more information - Review a policy or recommendations from another commission or staff project - Council is ready to act on an item and implement changes - Events - Programs Commission Chair •Lead work plan development •Make sure work plan is not overloaded •Ensure there is a “lead(s)” to each initiative •Present proposed work plan to City Council Staff Liaison •Provide technical expertise, recommendations and advice to the commission •Provide clear recommendations to City Management and/or Council to consider •Ensure work plan template fields are completed Charge 1: Study & Report Study a specific issue or event and report its findings to the Council No vote No recommendation Charge 2: Review & Comment Review specific policy issue and staff will seek comments from each individual member of the group to pass on to Council No vote No recommendation Charge 3: Review & Recommend Review a specific policy issue and provide a recommendation on the issue to Council Majority vote required Recommendation Charge 4: Review & Decide Study, review and decide on an issue. The decision will be the City’s official position on the matter unless it is formally reversed by Council Majority vote required Decide Board/Commission Member Handbook 17 | Page Charge 1: Study & Report 2: Review & Comment 3: Review & Recommend 4: Review & Decide Commission Role Study a specific issue or event and report its findings to Council Review a specific policy issue and staff will seek comments from each individual member of the group to pass on to Council Review a specific policy issue and provide a recommendation on the issue to Council Study, review and decide on an issue. The Decision will be the City’s official position on the matter unless the issue is formally reversed by Council Commission Vote No vote is taken by the commission No vote is taken by the commission A majority vote is required A majority vote is required Commission Recommendation No official recommendation is provided to Council No official recommendation is provided to Council An official recommendation is provided to Council No official recommendation is provided to Council Report Type Required: Advisory Communication & Staff Report Required: Staff Report Required: Staff Report Optional: Advisory Communication None Work Plan Approval Process: Approving work plans is a three-part process. Work plans development starts in the summer months and ends in December. 1 Chair Presents Proposed Work Plan • Annual work session meeting (typically October) • Meeting Purpose: Chair to present proposed work plan and allow Council to ask clarifying questions from the chair 2 Staff Presents Proposed Work Plan • Annual work session meeting (typically November) • Meeting Purpose: City staff (City Manager Comments) will present proposed work plans along with recommended changes 3 Council Review and Final Approval • Annual City Council meeting (typically first meeting in December) • City staff will incorporate council changes from previous meeting and present proposed work plans for approval Board/Commission Member Handbook 18 | Page Work Plan vs Non-Work Plan Items Work completed by the commission should be on their approved work plan. At times, non-work plan items may arise mid-year. While these items are important, commissions are asked to focus on approved work plan items or ask for a work plan modification mid-year. It is rare to make a modification in the middle of the work plan calendar. MEETINGS Types of Meetings 1 Regular Meetings • All Commissions have a regular meeting schedule; e.g., “7 p.m. on the fourth Thursday of each month.” • Regular meetings can be rescheduled if members and the public are given notice at a prior meeting • If notice at a prior meeting cannot be given for a schedule change, the regular meeting is considered to have been cancelled and a special meeting called • At the regular February meeting, each commission holds annual elections for Chair and Vice Chair 2 Special Meetings • A meeting held in addition to the regular meeting schedule • Can be scheduled without notice at a prior meeting 3 Joint Work Session Meeting • Work sessions are held jointly with City Council • Every Commission has at least one a year • Goal is to review current work plan and get direction if needed **All meetings are audio recorded and some are televised. Work Plan Items •Approved by City Council •Focus work •Alignment with overall work of the council •Dedicated resources •Delegation of some authority and staff time Non-Work Plan Items •Items not approved by City Council, including items located in the “parking lot” •No dedicated resources •Can ask Council for work plan modification through advisory communication (rare) Board/Commission Member Handbook 19 | Page Attendance Attendance Policy: There are two ways members fail to meet attendance requirements. Student members do not have an attendance requirement. 1 75% Requirement • If a member fails to meet the 75% attendance requirement, they will not be removed from the Board or Commission until the end of the calendar year. At this time, if the member wants to ask to be reappointed, they can request the Community Engagement Coordinator to include this in the staff report. 2 Three Consecutive Meeting Requirement • If a member fails to attend 3 consecutive meetings (4 for Planning Commission), they will be removed from the Board or Commission effective immediately upon their 3rd absence (4th for Planning Commission). Under this scenario, members cannot request reappointment, but can reapply for the Board or Commission for the following year. Counted vs Not Counted: Board and commission meetings listed under “Counted towards Attendance” will be used to factor into the board and commission attendance policy. “Not Counted towards Attendance” are not used in the formula. *A rescheduled meeting occurs when members are notified of a new meeting date/time at a prior meeting. If shorter notice is given, the previously scheduled meeting is considered to have been cancelled and replaced with special meeting. **A cancelled meeting can be done by the Chair, City Council, City Manager or by the majority of voting members. Reasons a meeting may be cancelled include: • Insufficient business • Lack of quorum • Conflict with a holiday or religious observance • Inclement weather • Community emergency Attendance Sheets: Attendance sheets are maintained by the Staff Liaison. Annually the City conducts an attendance assessment to identify attendance issues. Members Responsibility: Since attendance impacts quorum and the ability for a board or commission to conduct business, it is important to communicate conflicts in advance of the meeting. Members should contact the staff liaison if: • They cannot attend a scheduled meeting Counted towards Attendance Regular Meeting with Quorum Regular Meeting without Quorum Rescheduled Meeting* Canceled Meeting** Not Counted towards Attendance Special Meetings Joint Work Sessions Subcommittee or working group meetings Board/Commission Member Handbook 20 | Page • They will be late or need to leave early Quorum and Voting Voting: • Regular members can participate in voting • Student members are expected to participate in the discussion but do not vote and do not count towards quorum Quorum = A majority of seated voting members • Quorum is required to vote on business items • Meetings can be held without a quorum, however, members cannot “conduct business” by taking votes on motions Meeting Packet Each meeting packet contains: • Agenda • Draft Minutes • Reports and Recommendations The packet posted in Novus Agenda Board web at least three days prior to your scheduled meeting. It is important that you review the packet in advance to be prepared. Agenda Static Items (will always appear): I. Roll Call II. Approval of Meeting Agenda III. Approval of Meeting Minutes IV. Community Comment V. Reports & Recommendations VI. Chair & Member Comments VII. Staff Comments VIII. Adjournment Additional Categories (in green): I. Roll Call II. Approval of Meeting Agenda III. Approval of Meeting Minutes IV. Special Presentations & Recognitions V. Public Hearings VI. Community Comment VII. Reports & Recommendations VIII. Chair & Member Comments IX. Staff Comments X. Adjournment Community Comment: • Residents can speak during community comment on any topic that is NOT already on the current agenda. • Members should not engage in direct debate or dialogue with the resident outside of thanking them for the comment or noting when the item might be discussed by the BC in the future. • Commissions should not take action from the content of the community commenter. • Commenters must provide their name and address before speaking. • Commenters have 3 minutes to speak. Board/Commission Member Handbook 21 | Page Minutes Minutes are recorded at each Board or Commission meeting. Commissions may have an additional city staff person in attendance that supports the liaison with this particular task. Meeting minutes’ document actions taken at a meeting, not discussion. Meeting minutes will include: • Meeting name including the date, place and time • Members in attendance • Approval of previous meeting minutes and corrections, if any • Motions made (exact wording of the motion, who made the motion, seconded the motion, and the result of the vote) • Reports (can use bulleted lists) • Other actions Meeting minutes will NOT include: • What was said • Who said it Each meeting packet will contain a draft of the minutes from the previous meeting. After the minutes are approved, your City Staff Liaison will submit the approved minutes for publication on the City’s website and to City Council for receipt. This is an important channel of communication to City Council from the Commissions. Robert’s Rules of Order Edina Boards and Commissions use Robert’s Rules of Order to transact business through motions. Robert’s Rules of Order will prevail in the event of a procedural conflict. General Principles: • Only one subject (main motion) is before the group at one time. • Negative motions are generally not permitted, phrase the motion as a positive action. If the BC does not want to take action, the motion should be voted down. • Only one member speaks at a time. Each speaker should first be recognized by the Chair. The maker of a motion is usually allowed to speak first and last. • Each item is presented for full debate. Each member speaks once until all members have had an opportunity to speak. • All members have equal rights. The rights of the minority are protected and heard, but the will of the majority prevails. Steps to a motion: • Member addresses the Chair and the Chair recognizes the member. • Member states motion “I move to adopt the policy.” • Another member seconds the motion “I second.” • Chair repeats the motion to the BC. • Motion is discussed by the group. • Members can make subsidiary motions that assist the group in disposing of the main motion, “I move to table this discussion to the next meeting.” • Members vote on the subsidiary motion. • If applicable, members vote on the main motion. • Chair announces the results. Board/Commission Member Handbook 22 | Page COMMUNICATION Open Meeting Law Why it exists: • Prohibits actions from being taken at a secret meeting, where it is impossible for the interested public to become fully informed concerning decisions of public bodies or to detect improper influences. • Ensures the public’s right to be informed. • Afford the public an opportunity to present its views to the public body. To Comply: • Provide public notice of the meeting a minimum of three days in advance. • Hold meetings in public places. Violation of Open Meeting Law: There is a violation of open meeting law if there is discussion of business between quorums of members outside of a publicly noticed meeting. Serial communication defined below is an open meeting law violation. Serial Communication: Serial communication is communication between Board and Commission members that lead to a concurrence among the majority of the members. Serial communication may involve a series of communications (example: email, face-to-face, text) with each communication involving less than a quorum of the Board or Commission, but when taken as a whole, involve a majority of the Board or Commission. Ensure Compliance: • Email communication intended for the group to your Staff Liaison for distribution. • Members should not “reply all” to group messages. • Members should not blind copy other members. Committees and Working Groups: While Committees and Working Groups are not covered under the Open Meeting Law, some Committee or Working Group meetings may be designated as public meetings by the City Council, or the Commission based on potential public interest in the topic. Commission Subcommittee Working Group Task Force Tenure Ongoing Temporary Temporary Temporary Members Residents Commission members only Commission + Public members As defined Board/Commission Member Handbook 23 | Page Scope Work Plan Work Plan Item Work Plan Item Task Force Charge OML Required Not required Not required Not required Staff Support Yes No Not typically Yes Reports To Council Commission Commission Council or City Manager Communication with City Council Recommendations to City Council. When presenting recommendations to City Council it is essential that Board and Commission members keep the following in mind: • Recommendations should be in written form. • Ideas should be expressed in clear and concise language. • Proposed solutions should be viable and cost-effective. • Recommendations should identify reasons for the changes suggested. • Advice should reflect the views of a consensus or a majority of Board and Commission members. Role of Staff Liaison. One of the primary roles of the Staff Liaison is to assist in delivering information from the City Council to the commission, and vice versa. It is the responsibility of the Staff Liaison to communicate the guidance of their Board and Commission completely and impartially. City Council Code of Conduct. City Council Members promise Boards and Commissions they will: • View Boards and Commissions as vitally important resources to support our decision-making • Communicate effectively with Boards and Commissions to ensure they have the tools to do their work • Give clear direction as a body and take adequate time to review the result of their deliberations • Because of the value of the independent advice of boards, commissions, and task forces to the public decision-making process, members of Council shall refrain from using their position to influence the deliberations or outcomes of board, commission, and task force proceedings • The expectation is that Council Members will not typically attend Board, Commission, Committee, Working Group or Task Force meetings. However, under special circumstances, if we attend a meeting: o We will do so only as an observer and prior to attending we will notify the appropriate staff liaison o Strive for good communication by reporting out to other Council Members Board/Commission Member Handbook 24 | Page Communication Tools. Boards and Commissions have five primary tools for communication with the City Council. Since Council time is limited and it is important that all members of the Council receive the information, it is imperative that communication is done through these formal channels. The table below outlines each tool and its intended purpose: 1 Meeting Minutes • Meeting minutes are intended to give members a record of Board and Commission proceedings. After the minutes are approved, they are included as part of the upcoming Council packet. Council members are very diligent about reading Board and Commission minutes. 2 Joint Work Session • Joint work sessions are held at least once a year. This is an opportunity to update the Council on the Commission’s work plan and to get Council feedback on the progress to date. 3 Annual Work Plan • The annual work plan process enables Commissions to share their goals for the upcoming year. The Council reviews those goals and other ideas before giving final direction on Commission priorities. • Council will assign each work plan item a Council Charge 4 Staff Reports • Staff reports are prepared by staff to forward a regulatory item or other goal from the Commission’s approved work plan to a Council meeting for approval or direction. It is staff’s responsibility to outline the Commission's recommendation, as well as staff recommendations, and to highlight any important differences between the two. 5 Advisory Communication • Advisory communication is prepared by the Commission members under the direction of the Commission. This template should be used when the Commission wants to give input on an issue but due to timing or the nature of the issue, meeting minutes are deemed insufficient. Advisory communications should be used if the Commission wishes to advise the Council on a topic not included on their approved work plan. Communication & Advocacy with the Public We want members to promote their Board and Commission’s work with the public, however, as a board or commission member you are asked to take care when conveying any decisions of the Board of Commission. Board/Commission Member Handbook 25 | Page Media Contacts: Can I reach out to the media? •The City handles distribution of press releases. If a board or commission member would like to make additional media requests or pitches to specific media, the staff liaison and Communications Department must be notified. This includes columns and editorials that are attributed as being written by a board or commission member and/or relating to the activities of the board or commission. Staff liaisons should route these requests to the Communications Department. Who responds to the media requests? •Once the City Council has taken action on a policy, the board or commission should refer media requests to the City Council unless directly asked by the City Council to respond. If a statement is needed from the board or commission, the Chair is typically the one asked to provide one. What if the media contacts a liaison or board or commission member directly? •Gather information. Don’t respond immediately. Instead say, “I’m sorry, but I can't respoind right now. Please give me some basic information about what you are looking for. I'll submit your request to the appropriate person who will get back to you as soon as they can.” Then, gather the following information: •Media representative’s name and contact information. •Deadline. •Questions they have or focus of the story. •Get help. Staff liaisons can help determine who should respond and get board or commission members help from Communications Department staff if needed. All opinions and responses should reflect the official position of the board or commission. What if a board or commission members wants to give a personal opinion? •It is important to determine when a board or commission member is communicating on behalf of the board or commission and when they are stating their own personal opinion. If they are expressing their own opinion about board or commission business (which may be different than the official board or commission position) make sure they identify their opinion as their own, and are not representing the board or commission. Rights •You are a resident •Ability to engage on topics of interest •Speak as a resident at public hearings or community comment regarding topics not related to commission work Responsibilities •You are a board or commission member •Represent the decision of the board/commission •Use board/commission communication channels to provide feedback regarding topics related to work •You are advisory to Council, only advocate for public if directed Board/Commission Member Handbook 26 | Page The best way for people to correspond with the commission is through the “Commission Correspondence Form” located on the City’s website. If members of a commission are contacted by the media, they should immediately contact their staff liaison. Social Media: ETHICAL AND RESPECTFUL CONDUCT Conflict of Interest Definition: any member who has a financial interest in, or who may receive a financial benefit as a result of, any BC action or if there is potential for the appearance of conflict of interest. Members who have a conflict of interest must: • Disclose the conflict of interest to the group, and • Abstain from discussing or voting on the matter. Examples: • Individuals who work in a consultant capacity currently or in the past for the City of Edina on development, streets, or other types of projects • Individuals who have private businesses/organizations Members who have a potential conflict of interest shall: • Discuss potential conflict of interest with the staff liaison • Disclose the conflict of interest to the group, and • Abstain from the Council discussion debate and vote Do’s •Use good judgement and moral conduct if you identify yourself online as a Board Member or Commissioner •Refer people to the City’s website or other sources of official information or a specific staff member •Assume that your speech and activity on social media reflects upon your position as a Board Member or Commissioner •Understand that when using social media, anything you say or post becomes a permanent part of the internet •Expect that anything posted in a public online forum may be accessed by the City at any time without notice. Don’t •Act as a spokesperson unless assigned that role by the staff liaison •Post or disseminate non-public information •Engage in speech that is false, deceptive, libelous, slanderous, misleading, obscene, sexually explicit or expresses a bias •Assume personal information posted on social media is protected Board/Commission Member Handbook 27 | Page Gifts • Members may not receive gifts from any “interested person” in conjunction with their BC duties. An “interested person” could be a business/organization who could benefit from a decision/recommendation approved by the board or commission. • BC can recommend acceptance of general gifts through the City’s donation policy. Respectful Behavior Members should STRIVE TO: • Treat people with courtesy, politeness, and kindness • Encourage others to express their opinions and ideas • Listen to what others have to say • Use the ideas of others to improve decisions and outcomes • Recognize and respect differences • Prepare for the issues at hand • Focus on the business of the body • Consider only legally germane information in decisions • Act as a decision maker, not an advocate Members should AVOID: • Speaking over or cutting off another individual’s comments • Insulting, disparaging, or putting down people or their ideas • Bullying other members by displaying a pattern of belittling, demeaning, judging or patronizing comments • Violence or the threat of violence will not be The Chair or the Staff Liaison can call for the removal of any anyone who threatens or commits an act of violence. Code of Ethics • I have been entrusted by the Edina City Council to perform my duties and services as a volunteer Board or Commission Member in manner that is always in the best interests of the community of Edina. • While honest differences of opinion may develop, I will work harmoniously with other Board or Commission members to assure residents the services they require. • I will invite all residents to express their opinions so I may be properly informed prior to making my decisions. I will make them based solely upon the facts available to me. I will support the final decision of the Board or Commission. • I must devote the time, study and thought necessary to carry out my duties. • I understand that the Board or Commission members recommend policies, the City Council establishes policies and the staff is responsible for administering the policies of the City Council. • I understand that as a Board or Commission Member, I have no authority outside of the proper meeting of the Board/Commission. • I understand that all Board/Commission meetings shall be open to the public, except as provided by law. • I understand that it is my duty as a Board or Commission member to treat all residents, staff and fellow Board and Commission members in a respectful and professional manner at all times. • I will withdraw from discussions and decision-making actions in cases where I have a conflict of interest and I will disclose those conflicts of interest when they arise. Board/Commission Member Handbook 28 | Page Novus Boardview Packets are created electronically by each Board and Commission’s staff liaison. Liaisons complete packets three business days prior to the regular scheduled meeting. Members are asked to review meeting packets in advance using the Novus Boardview Portal. URL: Edina.novusagenda.com/boardweb Username: first letter of first name and full last name Password: New Members should receive a password reset email that is active for only 24 hours. Contact MJ Lamon, if you have questions or forgot your password. 952-826-0360 mlamon@edinamn.gov Date: May 9, 2023 Agenda Item #: VI I.A. To:Heritage P reservation C ommission Item Type: R eport and R ecommendation F rom:Emily Bodeker, As s is tant C ity P lanner Item Activity: Subject:C O A: 4904 Arden Avenue Ac tion C ITY O F E D IN A 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: Approve the certificate of appropriateness for an addition associated with a remodel at 4904 Arden Avenue as presented. I N TR O D U C TI O N: T he subject property, 4904 Arden Avenue, is located on the west side of Arden Avenue, south of Country C lub R oad and north of 50th S treet west. T he existing home on the property was built in 1945, outside the period of significance, and has been altered from its original appearance. T he house style is classified as a Ranch style, a common mid century modern house type, but not considered a historically important style when the Country C lub District was listed in the National R egister of Historic P laces in 1982. AT TAC HME N T S: Description Applicant Submittal Staff Report Consultant Vogel Memo Aerial Map 04/11/23 HPC SUBMISSION M I N N E A P O L I S T 612.379.3037 F 612.379.0001 326 E HENNEPIN AVE #200 MINNEAPOLIS, MN 55414 SALA ARCHITECTS SALAARC.COM SHEET NO. PROJECT NUMBER DRAWN BY DATE File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed: 4/11/23 22067 PAUL HANNAN, AIA JESSICA KENNEALLY, AIA A1 DESCRIPTION PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these drawings. Should dimensions be required beyond those provided, please contact the architect. These documents are instruments of service and as such remain the property of SALA Architects. Use or publication requires the written approval from SALA Architects.NOT FOR CONSTRUCTION#43503 LICENSE NO. Wayne W. Preuhs DATE MARCH 22, 2023 Minnetonka, Minnesota 55345 Phone (952) 474-7964 17917 Highway No. 7 Web: www.advsur.com Advance Surveying & Engineering, Co. SHEET TITLE PROPOSED SURVEY 230272 JR DRAWING NUMBER DATE DRAFTED: DATE SURVEYED:NOVEMBER 2, 2022 MARCH 22, 2023 S1 SHEET NO. SHEET 1 OF 1 DRAWING ORIENTATION & SCALE 20'10'0 RICA ENRIQUEZ 4904 ARDEN AVE. CLIENT/JOB ADDRESS EDINA, MN SHEET SIZE: 11 X 17 LEGAL DESCRIPTION: Lot 3, Block 12, Country Club District Fairway Section, Hennepin County, Minnesota. SCOPE OF WORK & LIMITATIONS: 1.Showing the length and direction of boundary lines of the legal description listed above. The scope of our services does not include determining what you own, which is a legal matter. Please check the legal description with your records or consult with competent legal counsel, if necessary, to make sure that it is correct and that any matters of record, such as easements, that you wish to be included on the survey have been shown. 2.Showing the location of observed existing improvements we deem necessary for the survey. 3.Setting survey markers or verifying existing survey markers to establish the corners of the property. 4.Note that all building dimensions and building tie dimensions to the property lines, are taken from the siding and or stucco of the building. 5.Showing and tabulating impervious surface coverage of the lot for your review and for the review of such governmental agencies that may have jurisdiction over these requirements to verify they are correctly shown before proceeding with construction. 6.Showing elevations on the site at selected locations to give some indication of the topography of the site. We have also provided a benchmark for your use in determining elevations for construction on this site. The elevations shown relate only to the benchmark provided on this survey. Use that benchmark and check at least one other feature shown on the survey when determining other elevations for use on this site or before beginning construction. 7.This survey has been completed without the benefit of a current title commitment. There may be existing easements or other encumbrances that would be revealed by a current title commitment. Therefore, this survey does not purport to show any easements or encumbrances other than the ones shown hereon. 8.While we show a proposed location for this home or addition, we are not as familiar with your proposed plans as you, your architect, or the builder are. Review our proposed location of the improvements and proposed yard grades carefully to verify that they match your plans before construction begins. Also, we are not as familiar with local codes and minimum requirements as the local building and zoning officials in this community are. Be sure to show this survey to said officials, or any other officials that may have jurisdiction over the proposed improvements and obtain their approvals before beginning construction or planning improvements to the property. STANDARD SYMBOLS & CONVENTIONS: "●" Denotes iron survey marker, found, unless otherwise noted. EXISTING BUILDING COVERAGE HOUSE 1,546 SQ. FT. DECK 383 SQ. FT. DECK CREDIT -150 SQ. FT. TOTAL EXISTING COVERAGE 1,779 SQ. FT. AREA OF LOT 6,864 SQ. FT. BUILDING COVERAGE 25.9% EXISTING HARDCOVER HOUSE 1,546 SQ. FT. DRIVEWAY & WALKS 994 SQ. FT. PAVERS/PLAYHOUSE 63 SQ. FT. DECK 383 SQ. FT. CONCRETE WALL 43 SQ. FT. TOTAL EXISTING HARDCOVER 3,029 SQ. FT. AREA OF LOT 6,864 SQ. FT. LOT COVERAGE 44.1% PROPOSED BUILDING COVERAGE HOUSE 1,750 SQ. FT. FRONT STOOP 14 SQ. FT. TOTAL PROPOSED COVERAGE 1,764 SQ. FT. AREA OF LOT 6,864 SQ. FT. BUILDING COVERAGE 25.7% PROPOSED HARDCOVER HOUSE 1,750 SQ. FT. FRONT STOOP 64 SQ. FT. DRIVEWAY & WALKS 865 SQ. FT. PAVERS/PLAYHOUSE 63 SQ. FT. REAR PATIO/STEPS 205 SQ. FT. CONCRETE WALL 43 SQ. FT. TOTAL PROPOSED HARDCOVER 2,990 SQ. FT. AREA OF LOT 6,864 SQ. FT. LOT COVERAGE 43.6% 1 SITE PLAN - EXISTING SURVEY A1 LAMPERSKI-ENRIQUEZ HOME 04/11/23 HPC SUBMISSION M I N N E A P O L I S T 612.379.3037 F 612.379.0001 326 E HENNEPIN AVE #200 MINNEAPOLIS, MN 55414 SALA ARCHITECTS SALAARC.COM SHEET NO. PROJECT NUMBER DRAWN BY DATE File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed: 4/11/23 22067 PAUL HANNAN, AIA JESSICA KENNEALLY, AIA A2 DESCRIPTION PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these drawings. Should dimensions be required beyond those provided, please contact the architect. These documents are instruments of service and as such remain the property of SALA Architects. Use or publication requires the written approval from SALA Architects.NOT FOR CONSTRUCTIONREMOVE ROOF REMOVE WINDOW REMOVE WINDOW REMOVE ROOF REMOVE WALL 62.25 S.F. REMOVE GARAGE DOOR REMOVE WALL 56 S.F. REMOVE WALL 61.36 S.F. 2 NORTH ELEVATION - EXISTING A2 0 2'4'8' 1 EAST ELEVATION - EXISTING A2 0 2'4'8' 862.5 S.F. EXISTING WALL 486.25 S.F. EXISTING WALL - 179.61 S.F. TO BE REMOVED EXISTING EXTERIOR WALL TOTAL = 2815.25 S.F. EXISTING EXTERIOR WALL TO BE REMOVED = 287.61 S.F. PERCENTAGE OF EXISTING EXTERIOR WALL REMOVED = 10.22% 04/11/23 HPC SUBMISSION M I N N E A P O L I S T 612.379.3037 F 612.379.0001 326 E HENNEPIN AVE #200 MINNEAPOLIS, MN 55414 SALA ARCHITECTS SALAARC.COM SHEET NO. PROJECT NUMBER DRAWN BY DATE File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed: 4/11/23 22067 PAUL HANNAN, AIA JESSICA KENNEALLY, AIA A3 DESCRIPTION PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these drawings. Should dimensions be required beyond those provided, please contact the architect. These documents are instruments of service and as such remain the property of SALA Architects. Use or publication requires the written approval from SALA Architects.NOT FOR CONSTRUCTIONREMOVE ROOF REMOVE WINDOW REMOVE DOOR REMOVE WINDOW/BAY REMOVE WINDOW REMOVE WINDOWREMOVE WALL 108 S.F. REMOVE TRELLIS REMOVE WINDOW REMOVE WINDOW REMOVE WINDOW REMOVE DOOR REMOVE WINDOW/BAY REMOVE DECK 2 SOUTH ELEVATION - EXISTING A3 0 2'4'8' 1 WEST ELEVATION - EXISTING A3 0 2'4'8' 862.5 S.F. EXISTING WALL - 108 S.F. TO BE REMOVED 604 S.F. EXISTING WALL EXISTING EXTERIOR WALL TOTAL = 2815.25 S.F. EXISTING EXTERIOR WALL TO BE REMOVED = 287.61 S.F. PERCENTAGE OF EXISTING EXTERIOR WALL REMOVED = 10.22% 04/11/23 HPC SUBMISSION M I N N E A P O L I S T 612.379.3037 F 612.379.0001 326 E HENNEPIN AVE #200 MINNEAPOLIS, MN 55414 SALA ARCHITECTS SALAARC.COM SHEET NO. PROJECT NUMBER DRAWN BY DATE File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed: 4/11/23 22067 PAUL HANNAN, AIA JESSICA KENNEALLY, AIA A4 DESCRIPTION PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these drawings. Should dimensions be required beyond those provided, please contact the architect. These documents are instruments of service and as such remain the property of SALA Architects. Use or publication requires the written approval from SALA Architects.NOT FOR CONSTRUCTIONDW F REMOVE WALLS REMOVE WALLS REMOVE POSTS REMOVE WALLS REMOVE REMOVE REMOVE EXISTING WINDOWS AND DOORS REMOVE CABINETS, FIXTURES, AND APPLIANCES REMOVE STOOP REMOVE WINDOW REMOVE WALK REMOVE WINDOW REMOVE FIXTURES REMOVE TRELLIS REMOVE DECK REMOVE WALLS REMOVE WALLS REMOVE WALL REMOVE GARAGE DOOR 1 MAIN LEVEL - EXISTING A4 0 2'4'8' 04/11/23 HPC SUBMISSION M I N N E A P O L I S T 612.379.3037 F 612.379.0001 326 E HENNEPIN AVE #200 MINNEAPOLIS, MN 55414 SALA ARCHITECTS SALAARC.COM SHEET NO. PROJECT NUMBER DRAWN BY DATE File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed: 4/11/23 22067 PAUL HANNAN, AIA JESSICA KENNEALLY, AIA A5 DESCRIPTION PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these drawings. Should dimensions be required beyond those provided, please contact the architect. These documents are instruments of service and as such remain the property of SALA Architects. Use or publication requires the written approval from SALA Architects.NOT FOR CONSTRUCTIONREMOVE WALLS REMOVE CLOSETS REMOVE DOOR REMOVE FLAT ROOF REMOVE FIXTURES AND FLOOR REMOVE SHOWER 1 UPPER LEVEL - EXISTING A5 0 2'4'8' 04/11/23 HPC SUBMISSION M I N N E A P O L I S T 612.379.3037 F 612.379.0001 326 E HENNEPIN AVE #200 MINNEAPOLIS, MN 55414 SALA ARCHITECTS SALAARC.COM SHEET NO. PROJECT NUMBER DRAWN BY DATE File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed: 4/11/23 22067 PAUL HANNAN, AIA JESSICA KENNEALLY, AIA A6 DESCRIPTION PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these drawings. Should dimensions be required beyond those provided, please contact the architect. These documents are instruments of service and as such remain the property of SALA Architects. Use or publication requires the written approval from SALA Architects.NOT FOR CONSTRUCTION22'-0"2 NORTH ELEVATION A6 0 2'4'8' 1 EAST ELEVATION A6 0 2'4'8' 04/11/23 HPC SUBMISSION M I N N E A P O L I S T 612.379.3037 F 612.379.0001 326 E HENNEPIN AVE #200 MINNEAPOLIS, MN 55414 SALA ARCHITECTS SALAARC.COM SHEET NO. PROJECT NUMBER DRAWN BY DATE File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed: 4/11/23 22067 PAUL HANNAN, AIA JESSICA KENNEALLY, AIA A7 DESCRIPTION PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these drawings. Should dimensions be required beyond those provided, please contact the architect. These documents are instruments of service and as such remain the property of SALA Architects. Use or publication requires the written approval from SALA Architects.NOT FOR CONSTRUCTION2 SOUTH ELEVATION A7 0 2'4'8' 1 WEST ELEVATION A7 0 2'4'8' 04/11/23 HPC SUBMISSION M I N N E A P O L I S T 612.379.3037 F 612.379.0001 326 E HENNEPIN AVE #200 MINNEAPOLIS, MN 55414 SALA ARCHITECTS SALAARC.COM SHEET NO. PROJECT NUMBER DRAWN BY DATE File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed: 4/11/23 22067 PAUL HANNAN, AIA JESSICA KENNEALLY, AIA A8 DESCRIPTION PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these drawings. Should dimensions be required beyond those provided, please contact the architect. These documents are instruments of service and as such remain the property of SALA Architects. Use or publication requires the written approval from SALA Architects.NOT FOR CONSTRUCTIONDWREFRIGERATOR PANTRY PR 20 PR 30 26PR 19PR 2028SHELVES30 BENCH & LOCKERS OFFICE 3/4 BATH ENTRY EXISTING GARAGE LIVING/DINING KITCHEN/EATING EXISTING O.H. STOOP 3R DN 3R DNNEW GARAGE DOOR42"X42" SHOWER 261 MAIN LEVEL PLAN A8 0 2'4'8' 04/11/23 HPC SUBMISSION M I N N E A P O L I S T 612.379.3037 F 612.379.0001 326 E HENNEPIN AVE #200 MINNEAPOLIS, MN 55414 SALA ARCHITECTS SALAARC.COM SHEET NO. PROJECT NUMBER DRAWN BY DATE File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed: 4/11/23 22067 PAUL HANNAN, AIA JESSICA KENNEALLY, AIA A9 DESCRIPTION PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these drawings. Should dimensions be required beyond those provided, please contact the architect. These documents are instruments of service and as such remain the property of SALA Architects. Use or publication requires the written approval from SALA Architects.NOT FOR CONSTRUCTIONDRYERWASH26 POCKETBEDROOM #3 BEDROOM #2 BEDROOM #4 24LAUNDRY LINEN CABINET26BATH WET ROOM 3X5 TUB 36"X42" SHOWER BATH OFFICE SHELVES DESKCLOSET COUPLE'S BEDROOM 'BARN' DOOR 24 26 42" H WALL 1 UPPER LEVEL PLAN A9 0 2'4'8' 04/11/23 HPC SUBMISSION M I N N E A P O L I S T 612.379.3037 F 612.379.0001 326 E HENNEPIN AVE #200 MINNEAPOLIS, MN 55414 SALA ARCHITECTS SALAARC.COM SHEET NO. PROJECT NUMBER DRAWN BY DATE File: 22067 Lamperski Enriquez AC26 04112023.pln • Printed: 4/11/23 22067 PAUL HANNAN, AIA JESSICA KENNEALLY, AIA A10 DESCRIPTION PROJECT ARCHITECT LAMPERSKI-ENRIQUEZ HOME4904 ARDEN AVEEDINA, MNDimensions are not to be determined by scaling off of these drawings. Should dimensions be required beyond those provided, please contact the architect. These documents are instruments of service and as such remain the property of SALA Architects. Use or publication requires the written approval from SALA Architects.NOT FOR CONSTRUCTIONDASHED LINE OF EXG. ROOF EXG ROOF NEW ROOF NEW ROOF NEW ROOF 1 ROOF PLAN A10 0 2'4'8' May 9, 2023 Heritage Preservation Commission Emily Bodeker, Assistant City Planner Certificate of Appropriateness: 4904 Arden Avenue-Changes to Street Facing Facade Information / Background: The subject property, 4904 Arden Avenue, is located on the west side of Arden Avenue, south of Country Club Road and north of 50th Street west. The existing home on the property was built in 1945, outside the period of significance, and has been altered from its original appearance. The house style is classified as a Ranch style, a common mid century modern house type, but not considered a historically important style when the Country Club District was listed in the National Register of Historic Places in 1982. The Certificate of Appropriateness request includes a change to the street facing façade by constructing small second and first floor additions. Replacing the existing windows and siding is also planned with the project. Primary Issues: The proposed changes to the street facing façade is why the proposed project requires a Certificate of Appropriateness. The objective of the Country Club Landmark District is preservation of the existing historic house facades and streetscapes. This has not been interpreted as preserving the existing facades of homes exactly as they are today. The updates made should be appropriate to the context of the neighborhood. The city has adopted the Secretary of the Interior’s standards for rehabilitation when reviewing certificate of appropriateness applications. Staff believes the following standards of rehabilitation are pertinent to the review of the certificate of appropriateness: STAFF REPORT Page 2  Each property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.  Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.  New additions, exterior alterations, or related new construction shall not destroy historical materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.  New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. Preservation Consultant Vogel reviewed the application and has written a memo that is attached in the heritage preservation commission packet. Staff Recommendation & Findings: Staff concurs with Consultant Vogel’s evaluation of the proposed plans at 4904 Arden, also recommending approval of the Certificate of Appropriateness request. Findings supporting the recommendation include:  The subject property is not considered a preservation resource because it was built in 1945, outside the period of significance in the district.  The ranch style is not considered a contributing historic property type in the country club district.  The information provided supporting the subject Certificate of Appropriateness is consistent with the Country Club District Plan of Treatment.  The proposed Certificate of Appropriateness meets the Secretary of the Interior’s standards for rehabilitation. Conditions for approval:  All roofs, exterior walls, doors, and windows are required to be kept weather tight through the construction process. This is to protect the integrity of the structure. MEMORANDUM TO: Emily Bodeker FROM: Robert Vogel SUBJECT: COA Application for 4904 Arden Avenue DATE: April 29, 2023 I have reviewed the COA application submitted for alteration of the house located at 4904 Arden Avenue in the Country Club District. The applicant proposes to alter the property’s street façade by constructing a small second-story addition above the existing attached garage. Replacement of the windows and exterior siding is also planned. According to city building permit and tax assessment records, the existing house was built in 1945 and has been altered from its original appearance. For preservation planning purposes, it has been architecturally classified as an example of the Ranch style, a common “Mid-Century Modern” house type; it was not considered historically important when the Country Club District was listed in the National Register of Historic Places in 1982 and was never assigned a heritage preservation resource inventory number by the Minnesota SHPO. A re-survey of the district carried out in 2007 under the auspices of the Edina Heritage Preservation Board evaluated the subject property as a non-contributing resource because of its “minimal historic integrity.” I recommend approval of the COA without conditions. The house at 4904 Arden Avenue should not be considered a heritage preservation resource because: 1) The year-built date of 1945 falls outside the district’s period of historical significance (1924-1944); 2) Its historical association with the district’s original plan of development and the architectural controls imposed by Thorpe Bros. Realty is not documented; and 3) The Ranch style is not a contributing historic property type in the Country Club District. Based on the plans presented, the proposed remodeling will not result in the loss of historically significant architectural features and the historic character of the streetscape will be retained. The Secretary of the Interior’s standards for rehabilitation (the required basis for design review and compliance decisions) apply to non-historic buildings within historic districts. The standards, which are neither technical nor prescriptive, emphasize compatibility with historic architecture and do not discourage contemporary (modern) design so long as the new work does not destroy significant historic preservation resources. Therefore, the proposed remodeling at 4904 Arden Avenue appears to comply with the standards for rehabilitation. Date: May 9, 2023 Agenda Item #: I X.A. To:Heritage P reservation C ommission Item Type: F rom:Emily Bodeker, As s is tant C ity P lanner Item Activity: Subject:April 11, 2023 Meeting F ollow Up C ITY O F E D IN A 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: I N TR O D U C TI O N: T he City Attorney will be in attendance to answer questions. AT TAC HME N T S: Description Memo from City Attorney MN State Law-471.193 Municipal Heritage Preservation 226168v1 M E M O R A N D U M TO: EMILY BODEKER FROM: DAVE KENDALL AND JACK BROOKSBANK, CITY ATTORNEYS DATE: MAY 4, 2023 RE: HPC PLAN OF TREATMENT ADOPTION AND MERA CONCERNS The Heritage Preservation Commission (HPC) fielded two recent concerns. First, a data practices act request raised a question about the validity of the current plan of treatment (design guidelines) for the county club district. Specifically, there was a question about whether in order to be valid, the plan of treatment must have been passed by ordinance rather than by resolution of the City Council. Second, there was a concern about the potential for an action under the Minnesota Environmental Rights Act (MERA) and whether individual members of the HPC could be sued for a violation of MERA based on their votes on questions before the HPC. In response to the first question, there is no legal requirement under State law or local ordinance that design guidelines such as a plan of treatment must be passed by ordinance, and state resources and common practice allow design guidelines including a plan of treatment to be adopted by resolution. In response to the second question, MERA does define “natural resource” to include historic resources and MERA authorizes citizen suits to prevent actions that either violate environmental laws or would have a materially adverse impact on a historic resource. However, MERA does not prohibit any impact to historic resources, it prohibits only material adverse impacts. Further, the sole remedy under MERA is injunctive relief. MERA does not allow for monetary damages. A successful MERA action might result in a court order enjoining the City’s approval of an action. Individual members of the HPC are not exposed to any personal liability by virtue of the fact that they serve on the HPC. The City as a whole could be exposed to liability to comply with injunctive relief. In this case the City would simply have to revisit its ruling on the issue in question. The City is not exposed to monetary damages. I. Adoption by Resolution There has been discussion about whether the plan of treatment for the County Club district may be or should be minimized or disregarded because it was adopted by resolution rather than by ordinance. The adoption of the plan of treatment by resolution was valid. There no legal requirement that a plan of treatment, which a form of Design Guideline, must be adopted via ordinance rather than resolution. The governing statute states that the “powers and duties of [the HPC] 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.” Minn. Stat. § 471.193, subd. 3. The HPC has only those powers delegated to it by the City Council. Specifically, the City Council may choose to delegate the authority to adopt “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.” Id. State law generally allows a city council to either adopt Design Guidelines itself or delegate that power to a historic preservation board or commission. 226168v1 If the council delegates the power to create Design Guidelines to a board or commission, Minn. Stat. § 471.193 allows that board or commission to adopt rules governing construction, alteration, demolition of historic resources, including a “plan of treatment”. This statute does not say that the Council must adopt the plan of treatment by ordinance. Rather, it allows the board or commission to adopt the document if the council has delegated that authority. But if the Council delegates that power, the plan of treatment could only be adopted by resolution, because a board or commission lacks the authority to pass ordinances. It therefore cannot be that State law requires the Council to pass an ordinance adopting the Design Guidelines such as plan of treatment. Specifically in Edina, City Code 36-715 requires the City Planner to submit a proposed plan of treatment to the Edina City Council. This suggests that in Edina, the Council has not delegated the power to adopt the plan of treatment to the HPC. The Council should therefore adopt the plan of treatment. But this does not mean it must be adopted by ordinance. A plan of treatment could be adopted by the Council by resolution or by ordinance. We find no authority saying that the Plan of treatment must be adopted by ordinance or else be invalid. Official materials provided by the State of Minnesota reinforce this conclusion. The Statewide Training Guide for Heritage Preservation Commissioners and other State of Minnesota materials also say that Design Guidelines may be adopted by Resolution. The Statewide Training Guide says Design Guidelines are typically adopted by resolution (not ordinance). The Statewide Training Guide, page 95 states that while “basic guidelines may be included in the code itself,” design guidelines are “usually a separate document from the ordinance.” Further, the Guide provides that “[g]uidelines typically are adopted by resolution of the governing body.” Id. (emphasis added). The State of Minnesota also provides a model ordinance establishing a Heritage Preservation Commission. This model ordinance does not incorporate the Design Guidelines into the Ordinance. These materials further emphasize that cities are not required to adopt a plan of treatment, or other Design Guidelines, by ordinance. The current initiative by the City to review and revise the ordinance governing historic preservation and the plan of treatment (Design Guidelines) governing the County Club district is not in order to remedy any violation of Minnesota law, nor is it any admission of “wrongdoing” on the part of the City. Rather, it is an attempt to resolve any conflicts or confusion or ambiguity between the standards in the Plan of treatment and the requirements of City Code. Our understanding is that even after completion of this this initiative and adoption of any recommended changes by the City Council, the Design Guidelines (plan of treatment) will still be a separate document from City Code and will not be incorporated into City Code. This is fully permissible under Minnesota law. II. MERA There have also been concerns expressed about potential citizen suits against the HPC under the Minnesota Environmental Rights Act (MERA). The concern is that if the HPC approves an action impacting the historic character of a building or district, a concerned citizen could sue the HPC claiming that the action is improper under state law or local ordinances. This would not result in any liability on the part of members of the HPC. 226168v1 MERA does allow for civil suits by concerned citizens to protect the environment. Although environmental laws are often enforceable by criminal charges, such charges may only be brought by public prosecutors in the exercise of prosecutorial discretion. MERA was passed to provide an avenue for private citizen enforcement. As such, MERA provides for a limited private action. Under MERA, any person may bring a lawsuit challenging an action and alleging that the action will pollute, impair, or destroy a protected natural resource. If successful, MERA authorizes “declaratory or equitable relief.” Minn. Stat. § 116B.03, subd. 1; Minn. Stat. § 116B.07. MERA also contains no attorney’s fees provisions. Thus, MERA is an avenue for a private party to seek a court order overturning an action. MERA does not provide for monetary damages or liability. It would not be permissible for a plaintiff to name individual members of the HPC as defendants in a MERA lawsuit in their personal capacities or even in their capacities as HPC members. The lawsuit would be framed as being against the individual property owner who planned to tear down the historic building. The City as a whole might also be named depending on the nature of the claim. If a MERA lawsuit attempted to name individual members of the HPC, the City would defend those members and move for dismissal of any claims against them in their individual capacity, and that motion would granted. To state a claim under MERA, the plaintiff must allege either 1) the action will violate a state or local environmental law, or 2) the action will have a materially adverse impact on a protectable natural resource. State v. Minneapolis Park & Rec. Bd., 673 N.W.2d 169, 175 (Minn. Ct. App. 2003). MERA defines “natural resource” to include “historical resources.” Minn. Stat. § 116B.02, subd. 4. Although manmade structures are not typically thought of as “natural resources,” they can qualify for protection under MERA. MERA has its own test for what is a protected historic resource. This test relies on the factors for inclusion in the National Register of Historic Places. State by Powderly v. Erickson, 285 N.W.2d 84, 88 (Minn. 1979). The focus is on structures and buildings; the role or use of a historic resource is not protected under MERA. Stansell v. City of Northfield, 618 N.W.2d 814, 819 (Minn. Ct. App. 2000) (holding that economic vitality of a historic business district is not a protectable resource under MERA). Minnesota courts also apply a flexible analysis to what constitutes a material adverse impact on historic resources. See State by Schaller v. County of Blue Earth, 563 N.W.2d 260, 267 (Minn. 1997). Although not clearly delineated, establishing a protected resource or a material adverse impact under MERA is a very high threshold. Thus a bathhouse partially designed by a prominent local architect and built in the 1930s was not a protectable resource under MERA. State by Rochester Historic Pres. Comm. v. City of Rochester, C6-97-139, 1997 Minn. App. LEXIS 1003, at *3 (Minn. Ct. App. 1997). Although the bathhouse was old and was part of a historic park complex, it was not connected with any specific historical events or persons and contained no important historical information. Id. Similarly, a plan to demolish a historic building and build a new building in its place was not a material adverse impact because the developer would save and reconstruct the historic interior forum, which was the primary historic value of the building. SST, Inc. v. Minneapolis, 288 N.W.2d 225, 228 (Minn. 1979). The court in SST specifically emphasized that “MERA does not prescribe elaborate standards,” but instead allows flexibility “where the 226168v1 utility of a defendant's conduct which interferes with natural resources is weighed against the gravity of harm to the building resulting from such interference.” Id. Even where a plaintiff establishes a prima fascia case that an action will have a material adverse impact on a protectable resource, a court is not guaranteed to halt the action. It is an affirmative defense under MERA that there is no “feasible and prudent alternative” to the proposed action. Minn. Stat. § 116B.04(b). “Economic considerations alone shall not constitute a defense.” Minn. Stat. § 116B.04(b). But courts may consider the individual facts of a case and the purpose of the proposed action. For example, in Friends of the Riverfront v. DeLaSalle High Sch., Nos. A06-2222, A07-944, 2007 Minn. App. Unpub. LEXIS 1118, at *15 (Nov. 20, 2007), the defendant school was building a football field adjacent to its building that impacted historic resources. Although there were alternatives to the project that would allow for a non-adjacent football field, the court held that it was a defense to MERA that there was no alternative for the specific proposed project: a field adjacent to the school building. Finally, when a court grants an initial temporary injunction it may require the plaintiff to post a bond “sufficient to indemnify the defendant for damages suffered because of the temporary relief.” Minn. Stat. § 116B.07. For delays to major construction projects, this can amount to a substantial sum of money. For example, in a MERA lawsuit to prevent the demolition of an old church building in St. Paul, the court granted a preliminary injunction contingent on the plaintiff posting a bond for approximately $1.9 million. When the plaintiff failed to post the bond, the injunction was not imposed and the church was demolished. Because MERA does not authorize monetary damages, the demolition made the MERA claims moot and the lawsuit was dismissed. III. Change to Process I understand the HPC is considering requesting a change in process where the HPC will take over review of functions typically carried out by City staff with respect to processing applications for certificates of appropriateness for building permits. To the extent this proposal is based upon concerns that individual members of the HPC could be charged with a crime for carrying out their duties, or named as individual defendants in a MERA action, those concerns are unfounded. There is no exposure to liability on this basis and therefore no need to change the process on this basis. Additionally, this is not the way that applications have been processed in the past and not the way that the City Council’s delegation of authority to the HPC has been understood and applied in the past. I understand that Edina’s current historic preservation ordinance and the plan of treatment for the County Club District have been in place since 2007, and no problems have resulted from the current process utilized by the HPC. There has been one lawsuit filed against the City, and the City prevailed in that lawsuit with all claims against the City being summarily dismissed on a motion for Summary Judgment. I do not recommend that the HPC deviate from the process it has utilized successfully since 2007. There may be changes that result to the process following the review and adoption by the City Council of the new proposed ordinance and plan of treatment or design guidelines. It would be confusing and unwise to implement changes prior to that. 226168v1 The plan of treatment for the County Club District was adopted in legally permissible fashion. The HPC must apply this plan of treatment to the Country Club District to the best of the HPC’s ability, unless and until the City Council adopts changes to the plan of treatment. Members of the HPC do not face any exposure to individual liability by virtue of their service on the HPC. An individual who received a permit from the City could be temporarily enjoined from carrying out that permit if the plaintiff in a MERA action posted a bond to cover the permit-holder’s damages resulting from the injunction. The City would not be subject to monetary damages and individual members of the HPC would not be subject to liability. Please give me a call if you have any questions on these issues. Date: May 9, 2023 Agenda Item #: I X.B. To:Heritage P reservation C ommission Item Type: O ther F rom:Emily Bodeker, As s is tant C ity P lanner Item Activity: Subject:Human S ervices Task F orc e Volunteer Disc ussion C ITY O F E D IN A 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: Decide who will be the volunteer for the Human Services Task Force. I N TR O D U C TI O N: S taff has received interest from multiple commissioners wanting to volunteer for the Human Services Task F orce.