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HomeMy Public PortalAbout210CITY OF MEDINA SUMMARY OF ORDINANCE NO. 210 CREATING A HERITAGE PRESERVATION COMMISSION Section 1 - The purpose of this Ordinance is to preserve Historic sites and structures for the education and general welfare of the City. Section 2 - Lists definitions pertinent to the Ordinance. Section 3 - Establishes a Heritage Preservation Commission. Section 4 - Outlines criteria for designation of Heritage Preservation sites and the means by which the Commission may recommend properties for preservation. Section S - Lists powers and duties of the Commission. Section 6 - Provides for a review of a permit application for each item designated a Heritage Preservation site that is to be removed, altered, repaired or destroyed. Section 7 - Provides for designation of a depository for all Documents of the Commission. Section 8 - Provides for recording among Hennepin County land records evidence of the designation of each property designated as a Heritage Preservation site. A copy of the entire Ordinance may be obtained at City Hall. Adopted by the Council of the City of Medina this 1984. orJ / Clerk -Treasurer day of CITY OF MEDINA ORDINANCE NO. (-72 / G7 AN ORDINANCE CREATING A HERITAGE PRESERVATION COMMISSION FOR THE CITY OF MEDINA THE CITY COUNCIL OF THE CITY OF MEDINA ORDAINS AS FOLLOWS: SECTION I: The Code of Ordinances of the City of Medina is amended by the addition of the following: Heritage Preservation Ordinance Section 1. Declaration of Public Policy and Purpose. The Medina City Council hereby declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, places, buildings, structures, and other objects having special historical or architectural or archae- ological interest or value is a public necessity, and is required in the interest of the general health, safety, welfare and prosperity of the people of the City of Medina. The purpose of this ordinance is to safeguard the heritage of the City of Medina by preserving sites and structures which reflect elements of the city's cultural, social, economic, political, visual or architectual history; protect and enhance the City of Medina's appeal to residents, visitors and tourists, and serve as a support and stimulus to business and industry; foster civic pride in the beauty and notable accomplishments of the past; and promote the preservation and continued use of historic sites and structures for the education and general welfare of the people of the City of Medina. Section 2. Definitions. As used in Section 1-8 of this Ordinance, the terms defined in this Section have the meanings given to them. A. "Commission" shall mean the Medina Heritage Preservation Commission. B. "Heritage Preservation Site" shall mean any area, place, building, structure, land, district, building interior, or other object which has been duly designated a Heritage Preservation Site pursuant to Section 4 of this ordinance. Section 3. Heritage Preservation Commission Established. A. There is hereby created and established a City of Medina Heritgage Preservation Commission, which shall consist of the Mayor, members of the City Council, and two addition members. The two additional members shall be nominated by the Mayor and approved by the City Council and shall include a registered professional architect and, if available, a member of the Hennepin County Historical Society. B. The Mayor and the members of the City Council shall serve on the Commission which are co -extensive with their terms as Mayor or as a member of the City Council. The other members shall serve terms of three years. Members shall serve without compensation and continue to hold office until their successors have been appointed and qualified. C. The Commission when formed shall elect from its members such officers as it may deem necessary. The Commission shall have the power to designate and appoint from its members various committees with such powers and duties as may be delegated by the Commission. The Commission shall make such rules and regulations as it may deem advisable and necessary for the conduct of its affairs, where for the purpose of carrying out the intent of this ordinance, are not inconsistent with the laws of the City of Medina and the State of Minnesota. The Commission shall make an annual report, describing its activities and plans. D. To accomplish the intent and purpose of this ordinance the City of Medina shall provide the Commission with adequate staff support. Section 4. Designation of Heritage Preservation Sites A. The Commission may prepare or caused to be prepared such studies or surveys of sites within the City of Medina as it may deem necessary to perform its duties under this ordinance. Based upon such studies or surveys or such additional information as may come to its attention from time to time, the Commission may recommend to the City Council that certain areas, places, buildings, structures, lands, districts, or other objects be designated as Heritage Preservation Sites. B. With regard to the designation of a Heritage Preservation Site, the Commission shall consider the following criteria in making a recommendation to the City Council: (1) Its character, interest or value as part of the development, heritage or cultural characteristics of the City of Medina, State of Minnesota, or the United States. (2) Its location as a site, or contributing element in proximity to a site, of a significant historical event or process. 2 (3) Its embodiment of distinguishing characteristics of an architectural style, period, form, or treatment. (4) Its identification with a person or persons who significantly contributed to the culture or development of the City of Medina. (5) Its embodiment of elements of architectural design, detail, materials, or craftmanship which represent a distinctive architectural innovation. (6) Its unique location or singular physical characteristics representing an established and familar aspects of a view, vista, site, area, district in the City of Medina. C. The Commission shall advise the City Planning Commission of the proposed designation of a Heritage Preservation Site, including the boundaries thereof and a program for the preservation, restoration, or rehabilitation of the Site. The City Planning Commission shall review the proposed designation with respect to the compatibility of the designation to the comprehensive plan of the City of Medina and render its opinion as to the effect of the proposed designation upon the surrounding neighborhood, and any other planning consideration which may be relevant to the proposed designation. The Planning Commission's recommendation shall become part of the official record concerning the proposed designation and shall be submitted by the Heritage Preservation Commission along with its own recommendation concerning the proposed designation to the City Council. The Heritage Preservation Commission may make such modifications, changes, and alterations concerning the proposed designation as it deems advisable in consideration of the recommendation of the City Planning Commission. D. Notification regarding any Heritage Preservation Site recommended for designation by the Commission shall be forwarded to the Minnesota Historical Society for its review prior to being sent to the City Council. E. The City Council, upon the request of the Commission, may by resolution designate a Heritage Preservation Site. Prior to such designation the City Council shall hold a public hearing, notice of which shall have been published in a newspaper of general circulation at least 20 days prior to the date of the hearing. Notice of the hearing shall also be sent by mail to the owners of all property which is proposed to be designated a Heritage Preser- vation Site and to all property owners within 300 feet of the boundary of the area to be designated a Heritage Preservation Site. F. The Commission may recommend to the City Council, that certain property proposed for designation as a Heritage Preservation Site be acquired by gift, purchase, or condemnation. Section 5. Additional Powers and Duies of the Commission. The Commission shall have the following powers and duties in addition to those otherwise specified in this Chapter: 3 A. The Commission shall conduct a continuing survey of all areas, places, buildings, structures, or objects in the City of Medina which the Commission, on the basis of information available or presented to it, has reason to believe are significant to the cultural, social, economic, political or architectural history of Medina. B. The Commission shall conduct general preservation planning to determine needed and desirable improvements to older buildings throughout Medina, and may act as a resource and in an advisory capacity to owners of historically or architecturally signficant sites regarding their preservation, restoration or rehabilitation. C. The Commission shall work for the continuing education of the citizens of the City of Medina with respect to the civic and architectural heritage of the City. It shall keep current and public a register of designated and proposed Heritage Preservation Sites along with the plans and programs that pertain to them. D. The Commission may accept the services, on a permanent or part-time basis, of technical experts and such persons as may be required to perform its duties subject to requirements of the City Council. E. The Commission shall have authority to accept gifts and contributions to be made to the City and to assist the City Staff in the preparation of applications for grant funds to be made by the City for the purpose of Heritage Preservation. F. The Commission shall on a continuing basis collect and review all City Planning and Development records, documents, studies,models, maps, plans and drawings to be entered into the Repository of Historical Archives as a permanent record of City history and development. Section 6. Review of Permits. A. No area, place, building, structure, land, district, or other object which has been designated as a Heritage Preservation Site by the City Council shall be destroyed, removed, altered, renovated, repaired, moved, expanded, or otherwise changed in any manner which is visible from the exterior without first obtaining a permit for such work from the City Council. Requests for such a permit shall be accompanied by detailed plans and drawings showing the proposed changes. Prior to issuing such permit, the City Council shall obtain the recommendations of the Commission and such members of the City Staff or others as the Council may desire. The Council shall have the power to approve a transfer of development rights from the subject site to an adjacent property or one specified by the Council, to grant variances from the provisions of the land use regulations of the City of Medina, or to acquire the subject site by gift, purchase, or condemnation. If the Council grants such permit, it shall have the power to attach such conditions or stipulations as it deems necessary to ensure compliance with this ordinance. 4 B. The Commission in its recommendations and the City Council in its decisions regarding requests for permits required by this section shall be guided by the following precepts: (1) Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. (2) The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided or minimized. (3) All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis or which seek to create artifically the appearance of another time shall be discouraged. (4) Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. (5) Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. (6) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing, architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorical evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. (7) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. (8) Every reasonable effort shall be made to protect and preserve archeological resources affected by, or adjacent to any project. (9) Contemporary design for alterations and additions to existing properties shall not be discouraged when such 5 alterations and additions do not destroy significant historical architectural or cultural material, and when such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment. (10) Wherever possible, new additions or alterations to structures shall be done in a manner such that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. Section 7. Repository for_Documents. The HPC shall designate an official repository for all studies, reports, recommendations, and official documents of the Commission. In addition, one copy of the plans and presentation program for designated Heritage Preservation Sites shall be sent to the repository. Section 8. Recording of Designated Areas. The Commission shall cause to be recorded among the land records of Hennepin Court evidence of the designation as a Heritgage Preservation Site for each property so designated. SECTION II: This ordinance becomes effective upon its adoption and publication. Adopted by the City Council of the City of Medina this 3 day of , 1984. 021"7'lir Z21 Donna Roehl, Clerk Published in the Crow River News this 1984. day of 6