The URL can be used to link to this page

Home My WebLink About2018-11-07 HPC Packet AGENDA HERITAGE PRESERVATION COMMISSION MEETING Council Chambers, 216 Fourth Street North November 7th, 2018 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES 1. Possible approval of minutes of October 17th, 2018 regular meeting minutes IV. OPEN FORUM - The Open Forum is a portion of the Commission meeting to address subjects which are not a part of the meeting agenda. The Chairperson may reply at the time of the statement of may give direction to staff regarding investigation of the concerns expressed. Out of respect for others in attendance, please limit your comments to 5 minutes or less. V. CONSENT AGENDA (ROLL CALL) - All items; listed under the consent agenda are considered to be routine by the Heritage Preservation Commission and will be enacted by one motion. There will be no separate discussion on these items unless a commission member or citizen so requests, in which event, the items will be removed from the consent agenda and considered separately. VI. PUBLIC HEARINGS 1. Case No. 2018-28: Consideration of a demolition permit to demolish and reconstruct the residential structure on the property located at 904 Harriet St S in the Neighborhood Conservation district. Brian and Kasey Posch, property owners. VII. CONTINUING BUSINESS VIII. NEW BUISNESS IX. OTHER ITEMS OF DISCUSSION – NO PACKET MATERIALS 2. 2018-2022 Workplan X. FYI – STAFF UPDATES 3. 2020 Statewide Preservation Conference Letter of Interest 4. Ordinance No. 1105 XI. ADJOURNMENT HERITAGE PRESERVATION COMMISSION MEETING October 17, 2018 7:00 P.M. Chairman Larson called the meeting to order at 7:00 p.m. Present: Chairman Larson, Commissioners Hadrits, Mino, Steinwall Absent: Commissioners Goodman, Krakowski and Welty, Council Representative Junker Staff: City Planner Wittman APPROVAL OF MINUTES Possible approval of September 19, 2018 meeting minutes Motion by Commissioner Steinwall, seconded by Commissioner Hadrits, to approve the minutes of the September 19, 2018 meeting. Motion passed 4-0. OPEN FORUM There were no public comments. CONSENT AGENDA There were no items on the Consent Agenda. PUBLIC HEARINGS Case No. 2018-24: Consideration of the Design Review of a Stillwater Conservation District infill residence at 1002 Third Avenue South. Croix Companies, LLC, property owner and John Sharkey, applicant. City Planner Wittman reviewed the case. The applicant is requesting a permit to construct a two and a half story, single-family residence. The house will have a front facing, approximately 12/12 pitch gable roof with dormers on the upper story. The home will have a front entrance and an attached garage on the north side, and two upper-story decks with a walkout design on the east. The home will be sided in dark gray lap and board and batten siding. The applicant is proposing white and light gray trim and cedar decking. Stone will surround the bases of all decks and overhang supports as well as the chimney. While this modern design would not fit within most traditional neighborhoods in Stillwater, staff finds that it does not detract from the character of this dead-end street. With certain conditions, the project substantially conforms to the adopted guidelines and, therefore, staff recommends approval with eight conditions. Applicant John Sharkey offered to answer any questions. Chairman Larson opened the public hearing. There were no public comments. The public hearing was closed. Heritage Preservation Commission Meeting October 17, 2018 Page 2 of 7 Chairman Larson asked for clarification about the stone fireplace and deck. Mr. Sharkey explained the plans, adding that the customer is selecting stone colors and knows that any changes need to be reviewed. Commissioner Mino asked about materials. Mr. Sharkey replied all materials will be LP, Andersen windows, 30-year architectural shingles, and all decking will be cedar. Commissioner Hadrits asked about the landscaping plan. Mr. Sharkey replied he doesn’t have one yet. Chairman Larson complimented the applicant on the design. Motion by Commissioner Hadrits, seconded by Commissioner Mino, to approve Case No. 2018-24, Design Permit for a residence at 1002 Third Avenue South, with the eight conditions recommended by staff, modifying Condition #1 to add “the plan submitted October 16, 2018” and adding Condition #9 to state “Materials shall be consistent with those stated by the applicant in the public hearing.” Motion passed 4-0. Case No. 2018-25: Consideration of a Demolition permit to demolish the residential structure at 709 Second Street South in the neighborhood conservation district. Rebecca and Scott Johnson, property owners. City Planner Wittman reviewed the case. The applicants are requesting approval of the demolition of a residential structure. The property owners, who own and live in the residence at 203 Willard Street East, directly to the north, indicated they have a buyer for the 709 Second Street South property who would like to construct a new home on the vacant lot if the demolition is approved. Ms. Wittman stated that the structure is believed to have been constructed in 1875 and appears to be relatively intact from the 1888 Sanborn map with little change. The 2002 Architecture-History Inventory Form indicated the structure was in good condition with good integrity. The Washington County Assessor’s office has indicated the structure as having normal condition and a 2018 valuation of $176,100 for the lot and home. Staff did a site visit in April 2018 and found that the house itself is in fair condition and is not a hazard, though a sagging corner was found as well as asbestos siding, cracked plaster and paint throughout. The applicant submitted an estimate of $305,000 for a whole house remodel not including the cost for demolition and disposal. Staff has determined the structure is an historic resource. The community’s preservation goals are designed to protect historic resources. Therefore, staff recommends the Commission make a positive determination that the structure is an historic resource, deny the demolition application and direct the Community Development Director to prepare a designation study. The City Council would need to authorize the study. One comment was received from John Vaughn, 808 Second Street South, supporting the demolition. Chairman Larson asked about the process of doing a designation study. Ms. Wittman replied the study would be ordered by the City, to be paid for by the property owner. It is prepared by a pre-determined consultant. It must be done within six months of being ordered. Scott Johnson, property owner, informed the Commission that the home has been vacant for nine years. It poses health risks and cannot be lived in. Rebecca Johnson, property owner, added that the remodeling estimate involves bringing everything down to studs. There are many items that are not up to code. They understand the desire to not tear down historic structures but feel the house is not historically significant. Chairman Larson opened the public hearing. Tony Goldenstein, 808 First Street South, said he supports the demolition because he feels the structure is not architecturally significant. The house is situated on the north property line. Rehab would bring lower quality than new construction. It is leaps and bounds away from move-in condition. Heritage Preservation Commission Meeting October 17, 2018 Page 3 of 7 Ellen Kramer, 713 Second Street South, stated the home is not desirable due to its location on the property sitting awkwardly close to the road. She supports the demolition. The home is not in livable condition and detracts from the streetscape. John Grabinski, 712 South Second Street, noted the homes in the neighborhood are all well maintained except for this house. The house is poorly situated on the lot, has an awkward looking addition, and is an eyesore. He feels the house should be demolished so something better can be put in its place. The public hearing was closed. Chairman Larson noted that City ordinances support conservation regardless of whether buildings are individually historically unique. He understands that the neighborhood values the local character. Commissioner Steinwall remarked that the applicants seem not to be interested in remodeling and state the house is uninhabitable, yet the condition of the property was thought to be good at the time of the 2002 historic review and the April 2018 building official visit. Mr. Johnson stated there are no upstairs walls or bathroom. Ms. Johnson added that the windows, casings and roof are rotten. She disagreed with the assessment that it is livable. It has a wet basement with dirt floor, the kitchen area would have to be torn off, and it has only one or maybe one and a half bedrooms. Noting that the Johnsons have owned the house since 2014, Commissioner Mino asked what their plans were. Ms. Johnson replied they were trying to figure out what to do. They purchased the house from a previous owner who had planned to do minimal repairs to rent it out but the Johnsons didn’t want to rent it out as is. It was a previously a hoarder’s house that wasn’t taken care of. When they learned what actually was going to be left after remodeling, they decided they would rather have it demolished. Chairman Larson noted that the Commission must determine if it’s unsafe and if it’s an historic resource. According to the staff report the structure is not unsafe. The Commission must determine if this vernacular style contributes to the historical character of the City and the neighborhood. Commissioner Steinwall referred to statements in the staff report that the house is associated with a certain period of history as representative of the common person and a working class home. She would be inclined to find it to be an historic resource. Commissioner Mino and Chairman Larson agreed. Chairman Larson said if found to be an historic resource, the Commission must consider whether there is a feasible alternative to demolition. The cost estimate for remodeling indicates that renovation is feasible, though expensive. Motion by Commissioner Steinwall, [no second at this point] to find that the property is an historic resource for the reasons cited in the staff report (vernacular style, spec home built in the 1880s, unique to Stillwater’s development). Mr. Johnson asked if it would help for the Commissioners to walk through the building to see it firsthand. Commissioner Steinwall pointed out that the Commission must decide whether it’s an historic resource. A walkthrough would be helpful in helping determine whether it’s unsafe. Chairman Larson recognized the structure may not be habitable as it is now but it can be made habitable. Heritage Preservation Commission Meeting October 17, 2018 Page 4 of 7 Ms. Johnson remarked that it’s only four walls at this point and doesn’t even have the original kitchen. They have torn down everything that was built after 1946 so currently it consists of two rooms and a half bath. Mr. Johnson noted it is an unhealthy indoor environment. Commissioner Steinwall added that the demolition ordinance the Commission is struggling with right now does not provide an exemption for economic hardship. Mr. Johnson responded he is not looking for an economic hardship. Continuing her motion, Commissioner Steinwall stated that the Commission further finds there is a feasible alternative to demolition that includes rehabilitation, and for that reason the Commission denies Case No. 2018- 25, Demolition permit for the residential structure at 709 Second Street South, and directs the Community Development Director to prepare a designation study. At this point the motion was seconded by Commissioner Hadrits. Motion passed 4-0. Case No. 2018-26: Consideration of the Design Review of an infill residence located at 111 Greeley Street North in the Neighborhood Conservation District. Dan Hintze, property owner and Matt Brown, applicant. City Planner Wittman stated that on August 20, 2018 the property at 111 Greeley Street North suffered a house fire. Upon inspection by Building Official Cindy Shilts and Deputy Fire Chief Tom Ballis, the structure was deemed unsalvageable. The applicant is requesting approval of a permit for the construction of a single family home on the existing limestone foundation. Code says when a nonconforming structure is destroyed by fire, the owner is allowed to rebuild the exact same structure regardless of compliance with zoning setbacks, height regulations and other codes. While the previous residence was 1.5 stories, the property owner is proposing to construct a two-story, 12/6 pitch, gable roof home on this site. The structure will be clad in 6” sage green vinyl lap siding with cedar colored vinyl shakes on the gabled edge. Soffit, fascia, frieze and corner boards will be metal in a cream color. Double hung sash windows will be vinyl and will be on all four sides; exceptions include a second story piano window on the north elevation and two sets of two double hung windows ganged together on both stories of the south elevation. The new residence will have a front stoop made of pressure-treated decking that will be painted to match the soffit, fascia and corner trim. Staff finds that the project substantially conforms to the adopted guidelines and therefore recommends approval with six conditions. Matt Brown, applicant, stated that constructing a full second story allows them to install a code-compliant staircase. They are working with a young family that is trying to work within a budget. Chairman Larson opened the public hearing. There were no public comments. The public hearing was closed. Commissioner Hadrits asked if there will be a balance window on the front. Mr. Brown replied no, that room is the master bedroom. Chairman Larson said the Commission does not encourage vinyl siding. He realizes that a lot of neighboring houses have been remodeled with vinyl siding but remodels don’t come before the HPC. Economics cannot be considered in making a decision. He feels the applicant has done a pretty good job of four-sided design, however the back of the house doesn’t have a lot of windows, which seems to stand out. Mr. Brown explained that they could put a window in the upper corner but it would be in a bedroom closet. The corners and J-trim around the windows is proposed to be vinyl to match the vinyl siding. The windows will be in a maintenance free vinyl in a color to match. Heritage Preservation Commission Meeting October 17, 2018 Page 5 of 7 Chairman Larson shared that one of his biggest concerns is lack of detail around the windows. He would like to see 4-6” trim around the windows on all four sides. His biggest misgiving about approving vinyl siding is setting a precedent. But he believes, in the context of this neighborhood with other homes in vinyl, it can be seen as acceptable. He referred to Neighborhood Conservation District (NCD) Guideline #19 about reflecting prevailing materials in the neighborhood. Motion by Commissioner Hadrits, seconded by Commissioner Steinwall, to approve Case No. 2018-26, Design Permit for an infill residence at 111 Greeley Street North with the six conditions recommended by staff, adding Condition #7, “The structure will have 4-6” corner board and window trim.” As a point of record, the Commission wished to note that it finds that NCD Guideline #19 is met. Motion passed 4-0. CONTINUING BUSINESS Case No. 2018-19: Consideration of a Design Permit for a nine-unit condominium structure to be located at 107 Third Street North in the Downtown Design Review District and the Commercial Historic District. Jon Whitcomb, representing Browns Creek West LLC, property owner. City Planner Wittman explained that the applicant is requesting approval of a Design Permit for a new structure to be located at 107 Third Street South. Included in the submission is a site plan, landscaping plan, and new façade renderings and elevations. The applicant’s modified proposal includes: Removal of the central, front façade gray panels with arched window design. In its place, the front façade will remain brick and rusticated stone with stone header trim to match the other window openings. Square design details separate the windows. All balconies will be encased in glass. The front porch and second story communal balcony will also have glass. To break up the two stairwell shafts on the front façade, the applicant has proposed creating square panels out of the flat metal siding. The building canopies and columns will be beige metal on all four sides. The white metal cornice has been changed to reflect the Commission’s concern its appearance was too traditional. The 35’ tall building with a partial mansard roof, designed to screen mechanical components, will help visually frame the intersection of Myrtle Street West and Third Street. It will help provide for greater definition on this street corner. The use of historic and modern materials will allow for the building to be complementary to the existing, built environment. The vertical design elements, set back from the public sidewalk and landscaping, help break the vertical elements of the building. One public comment was received from Mark Balay, the property owner to the east, concerned about drainage and landscaping on the south and east elevations. Landscaping and drainage are not required to be submitted at this time. Mr. Balay asks for a condition that a landscaping plan be submitted prior to review of the building permit. Staff has determined the proposed structure substantially conforms to the Downtown Design Review District guidelines and recommends approval with six conditions. Roger Tomten, representing the applicant, summarized the design changes that have occurred. Chairman Larson asked about the glass on the balconies. Mr. Tomten said the balcony glass may have a slight tint. Chairman Larson said it should be similar in tint to the glass in the rest of the building so as not to stand out. Motion by Commissioner Mino, seconded by Commissioner Hadrits, to approve Case No. 2018-19, Design Permit for a nine-unit condominium at 107 Third Street North, with the six conditions recommended by staff, Heritage Preservation Commission Meeting October 17, 2018 Page 6 of 7 adding Condition #7, “At the time of permit review the completed landscape solution for the south property line will be reviewed by staff.” Motion passed 4-0. NEW BUSINESS Case No. 2018-27: Consideration of a Design Review for new Pioneer Park Bathrooms. Property located on Second Street North in the Downtown Design Review district. City of Stillwater, applicant. Chairman Larson expressed the desire to recuse himself from the discussion and the vote, as he feels he has a potential conflict, however this would leave no quorum. Stating that he can be fair and impartial regarding the design, Chairman Larson decided to participate. Ms. Wittman stated the City of Stillwater is seeking to replace its existing restroom building in Pioneer Park. The approximately 29’ wide by 33’ long structure will be made exclusively of red brick with a standing seam metal roof. Additionally, Rivard stone may be used on a lower portion of the structure. There will be a single, vertical precast concrete belt course. The windows will be black anodized metal. The design of the structure is similar to the South Lowell Park restroom building. The proposed use of brick and metal materials on the structure is consistent with the Downtown Design Review District. However, the use of stone in this location would detract from the historic Second Street South wall. Therefore, staff recommends approval of HPC Case No. 2018-27 with three conditions. Motion by Commissioner Mino, seconded by Commissioner Steinwall, to approve Case No. 2018-27, Design Permit for new Pioneer Park bathrooms, with the three conditions recommended by staff, adding Condition #4, “Materials shall be consistent with those of the South Lowell Park restroom.” Motion passed 4-0. OTHER ITEMS OF DISCUSSION Annual Statewide Preservation Conference It was consensus of the Commission to submit a letter of interest to host the State Historic Preservation Conference in 2020. National Register Listed Structures Ms. Wittman provided a list of individually listed National Register properties in the City. The Commission directed staff to pull together all applicable ordinances relating to local designation as well as a pros/cons list and possible community incentives, for future review and discussion. STAFF UPDATES 2018-2019 Grant Projects Ms. Wittman provided an update on potential grant projects, including those that may involve City-owned historic resources such as the Lowell Park gazebo and the sunken garden across from the Lowell Inn. Ms. Wittman informed the Commission that an application was received from a potential new member. ADJOURNMENT Motion by Chairman Larson, seconded by Commissioner Mino, to adjourn. All in favor, 4-0. The meeting was adjourned at 9:25 p.m. Heritage Preservation Commission Meeting October 17, 2018 Page 7 of 7 Respectfully Submitted, Julie Kink, Recording Secretary HERITAGE PRESERVATION COMMISSION MEETING DATE: November 7, 2018 CASE NO.: 2018-28 APPLICANT: Brian and KaseyAnn Posch, property owners REQUEST: Consideration of the demolition and reconstruction of the residential structure located at 904 Harriet Street South ZONING: RB – Two Family COMP PLAN DISTRICT: LMDR – Low/Medium Density PREPARED BY: Abbi Jo Wittman, City Planner APPLICABLE BACKGROUND In May, 2016, City of Stillwater Building Official Shilts and I participated in a walkthrough of the property at 904 Harriet Street South. The property owners had requested Washington County Public Health condemn the structure. At the time, City staff determined the structure was structurally sound, that no life, health, or safety violations were present, and that condemnation would not occur. In a May 5 letter to the property owners, attached, the condition of the property was detailed:  Clear lack of maintenance on the structure for quite some time;  Peeling paint on the exterior of the home;  Exposed wiring on the inside of the home;  Leaking roof (not collapsed) due to the age of the shingles;  Spray insulation in the basement;  The single story foundation walls were a hodge-podge material; and  No working sanitation nor the ability to maintain heat. As indicated in the letter, the house was deemed uninhabitable because the property owner had requested the utilities to be shut off. Later that year the property was purchased by a third party who obtained a Design Permit from the HPC to demolish the single-story, pre-1945 portion of the home and reconstruct it (on a new foundation) along with an addition. The design included two units and an attached garage. The HPC approved design is attached for the Commission’s review. The approved Design Permit was not implemented and the current property owners, Brian and KaseyAnn Posch, purchased the property in May of 2017. The house has been vacant, without utilities, since (at least) January of 2016. REQUEST HPC Case 2018-28 November 7, 2018 Page 2 of 9 The applicant is requesting approval of: 1. The demolition of the residential structure located at 904 Harriet Street South (legally defined as Lot 1 and the East 40’ of Lot 2, Block 10, Holcombe’s Addition); and 2. Consideration of approval of the design of a new residence in the Neighborhood Conservation District. PROPERTY HISTORY, CONDITION AND VALUATION The property is located in the Holcombe’s Addition to Stillwater Historic Preservation Planning Area. The neighborhood report indicates the current house was built by the Swiss born carpenter, John Kundert in circa 1876. 1880 U.S. Census indicated 14 members of the Kundert family in the house. The property was purchase in 1891 by Maurice Ryan, who was first a lumberman and later a teamster. Maurice served as a member of the Stillwater Fire Department and worked as a patrol driver for City Hall. The Ryan family owned the property and lived in the house into this decade. According to the 1999 inventory, and prior to the construction of the front deck/porch, the home was noted as having fair integrity but good condition. Based on aerial photography the land area and configuration and the structure, with the exception of the existing 1997 constructed porch, has the same dimensions and specifications as it did in 1945. A single building permit, issued for the construction of a deck/porch, is on file. According to Washington County Assessor’s records the 2018 condition is listed as ‘observed’. In 2016 the property had a valuation of $165,400 ($80,400 dwelling value); the valuation has dropped to $127,500 ($32,500 dwelling value). However, this falls within the Metropolitan Council’s 2016 Affordable Purchase Price (between $148,000 and $235,000) for people who make between 50% and 80% of the Area Median Income. COMPREHENSIVE PLAN AND ADMINISTRATIVE DETERMINATION The 2030 Comprehensive Plan, adopted in 2010 by the Stillwater City Council, indicates the City will:  Preserve and protect commercial and residential historic properties (buildings, sites, miscellaneous structures and districts).  Encourage compatible remodeling, restoration and/or reuse of historic buildings, including homes.  Adopt housing/historic preservation regulations and performance standards to maintain the city’s existing housing stock. Additionally, the Comp Plan indicates (referring to the Demolition Ordinance) “[n]ot only does this ordinance promote the protection of the city’s historic and aesthetic qualities but it also protects some of the city’s most affordable housing”. While the City has just released its draft of the 2040 Comprehensive Plan, the City’s historic preservation and affordable housing goals and policies have not changed. HPC Case 2018-28 November 7, 2018 Page 3 of 9 As per Chapter 34 of the municipal code, staff has determined the structure is potentially a historic resource as it: a) Is associated with significant events or periods that exemplify broad patterns of cultural, political, economic or social history; and  This home was constructed during the following Historic Context(s): i. Stillwater and St. Croix Triangle Lumbering (1843-1914) ii. Development of Residential Neighborhoods (1850s – 1940s) DEMOLITION STAFF ANALYSIS Before approving the demolition of a building, the commission shall make findings that the demolition is necessary to correct an unsafe or dangerous condition on the property, or that there are no reasonable alternatives to the demolition. In determining whether reasonable alternatives exist, the commission shall consider, but not be limited to, the significance of the property, the integrity of the property and the economic value or usefulness of the existing structure, including its current use, costs of renovation and feasible alternative uses. 1. Is the building or structure a historic resource? The code defines a historic resource as: “Any building or structure that is not currently designated as a Heritage Preservation Site but which is worthy of such designation because of its historical, cultural, architectural, archaeological or engineering significance.” The home is not eligible to be nationally listed; but, it could be locally designated as a heritage preservation site on the City’s local register if the Commission finds the structure is associated with significant events or periods that exemplify broad patterns of cultural, political, economic or social history. As noted, the structure was constructed during the following historic context(s): Stillwater and St. Croix Triangle Lumbering (1843-1914) and Development of Residential Neighborhoods (1850s – 1940s). The applicant’s narrative references the City’s Inventory record cites the Ryan family’s history but does not indicate architectural significance. 2. Is there a feasible alternative to demolition? Before approving the demolition of a building, the commission shall make findings that the demolition is necessary to correct an unsafe or dangerous condition on the property, or that there are no reasonable alternatives to the demolition. In determining whether reasonable alternatives exist, the commission shall consider, but not be limited to, the significance of the property, the integrity of the property and the economic value or usefulness of the existing structure, including its current use, costs of renovation and feasible alternative uses. Despite the Inventory record indicating the structure having good condition, the lack of maintenance in these 20 years has left the structure in less than good condition. Rehabilitation of the structure would be necessary to bring the structure’s exterior façade back into excellent condition and to make the structure habitable. The applicants have submitted an estimate for demolition versus new construction from Redstone Builders Company out of Eagan. The remodel of the 1.5 story portion would cost $178,849.47; the demolition, disposal and reconstruction of the 1.5 story portion would cost $43,805.24. All costs are exclusive of any interior, exterior or static finishes. HPC Case 2018-28 November 7, 2018 Page 4 of 9 The applicants argue that because of the rehabilitation cost, including reconstruction of the foundation, floor joists and framing, demolition is necessary for the life, health and safety of their family. To support this argument, the applicant has included interior and exterior photographs of the structure which depict significant gaps in the foundation, rotted previously-sistered joists, and north wall separation. It is clear that since the City’s walkthrough inspection in 2016, the house has significantly deteriorated. NEIGHBORHOOD CONSERVATION DISTRICT ANALYSIS City Code Section 34-4, Subd. 2(f) indicates “The heritage presentation commission may apply the standards set out in the Neighborhood Conservation District (NCD) design guidelines when appropriate”. Additionally, City Code Section 22-7 Subd. 5(7) indicates “The [Heritage Preservation] commission must also assume responsibility for the design review of any dwelling house hereafter proposed for construction on now existing vacant lots or on lots that become vacant due to demolition or destruction of existing structures within the Neighborhood Conservation District (NCD).” As such, the applicant has submitted application materials for consideration of the reconstruction of the home. The NCD encourages the design of structures that are compatible with the neighborhood. The Commission should discuss the following guidelines in relationship to the potential design. Neighborhood and Streets Massing and scale of a new building should be compatible with neighboring structures. As noted, the property owners are proposing to reconstruct the home with a similar footprint and design as the existing. Two, single story additions will be added to the northwest and south elevations. Taking advantage of the grade, a single car garage will be added off of Churchill Street. Respect the existing rhythm of the streetscape. Follow alignment and setbacks predominant on the street and adjacent properties. The proposed single story addition and (detached) two-story garage addition will be situated 30’ back from the Harriet Street property line. This is consistent with adjacent properties. The home will be situated in conformance with the Zoning Code setback requirements for residences and garages. This would be consistent with both Harriet and Churchill Streets. Design new roofs to be compatible with forms of existing roofs in the neighborhood. With the exception of a shed roof front porch, all street-facing roof lines will be gabled. While a mid-century designed area (with an a-symmetrical roofline) is proposed on the western side of the home, the home is designed to conceal this from the street. Building height should be considered in choosing roof forms, architectural style, and relating to context. The property owner is proposing a home that is consistent with the 35’ maximum height in this zoning district. Building and site design should respond to natural The existing historic resource is situated on top of a hill. The single story addition will be constructed at that same grade HPC Case 2018-28 November 7, 2018 Page 5 of 9 features. Preserve significant trees. whereas. A garage, located off of Churchill, is proposed to be tucked under the single story addition. When retaining walls are necessary, minimize their impact. Respect the site’s natural slope in new building design: minimize cut, fill and retaining walls. Retaining walls will be required for the property to be constructed in a stepped fashion. Particularly, retaining walls along the Churchill Street side are proposed to accommodate for an attached garage and driveway. The applicant has indicated the retaining walls will not extend above the existing grade of the property. The applicant anticipates repurposing some of the limestone foundation for the required retaining walls. The City Engineering Department would like to see conditions of approval which require retaining wall to be on the subject property and located out of the right-of-way. Building Site Locate garage and driveway to respect existing street and neighborhood patterns. Minimize garage impact on new structure massing and street front. Driveways and garages will be located on each street frontage. However, the garages will be set back 30’ from the property line. Concern has been raised about the sight line of the Churchill Street driveway. However, it will be located out of the City’s intersection sight line area (of 40’ from the centerpoint of the intersection). The applicant have indicated the retaining wall system will not hinder view from this driveway. The City Engineering Department would like to see certain conditions in place which require the protection and restoration of the portions of the right-of-way, including sidewalks, after driveways are installed. The size and mass of the structure should be compatible with the size of the property. This 13,516 s.q. property may not have structural coverage in excess of 25%, the total coverage limitations in the RB – Two Family district. Consider front porch elements in the design of infill structures. A new, shed-roof porch is proposed on the home. Shed roof porches are not characteristic of homes in this neighborhood. However, the applicant is proposing shed roofs over the side entry and one garage door. Accessory buildings should be compatible with the main building. A two-story garage is proposed to be located near the southern property line. The upper story is proposed to contain an Accessory Dwelling Unit. Given the grade of the land, this two- story accessory structure will not rise above the 1.5 story residence. Design and detail new With the exception of the mid-century modern designed living HPC Case 2018-28 November 7, 2018 Page 6 of 9 construction as four-sided architecture. room area, the house has four-sided design. The exterior the same level of detail and trim is found on all four sides of the home. Architectural Detail The façade of the structure should be compatible in scale and character to the houses of the streetscape. The home will have a compatible scale and character of one and a half story homes in the area. The property owner is proposing to use LP Smartside, or Everlast siding. Materials found consistent with wood. Building elements should be proportional to the scale and style of the building, and its context. The single-story additions will be proportional to the scale and style of the property as it sits today. Use architectural details to create visual interest and support architectural style. In new building design, consider appropriate materials, textures and colors, and their relationship to other buildings of the neighborhood. The house has a modest design. It will be sided in LP Smartside with gunmetal Marvin windows. A stone faced foundation is proposed. The rear of the home will have a steel, wood and window design. Soffit, façade and corner boards will be used. The steel will match the gunmetal windows. While shingles will be utilized for the primary portion of the residence, standing seam will be utilized on this modern portion. Use masonry and stone authentically. Stone is proposed on the foundation. PUBLIC COMMENT To the date of memo development, October 31, one public comment has been received. Robert Gambone and James Peterson of 622 Churchill have indicated they are in support of the demolition of the home and the reconstruction plans. However, they are concerned for: 1. The sight lines associated with a driveway that will back out on to Churchill Street. 2. The shed roof design on the Harriet Street-facing portion of the home. 3. Churchill Street yard landscaping and maintenance. ALTERNATIVES Staff recommends the HPC open the public hearing to take public comment, including testimony from the applicant. Once all comments have been made, the HPC should close the public hearing and take action on the requests. A. Demolition The Commissions must first make one of the findings: HPC Case 2018-28 November 7, 2018 Page 7 of 9 1. Negative Finding. If the Commission finds that the property is not a historic resource (not currently designated but worthy of designation), then the Commission shall notify the building official that a demolition permit may be issued. 2. Positive Finding with no feasible alternative to demolition. If the Commission finds that the property is a historic resource (not currently designated but worthy of designation), but that there is no feasible alternative to demolition, then the commission shall notify the building official that a demolition permit may be issued. In both of these circumstances, the commission may require a mitigation plan as a condition of any approval for demolition of a building. Such plan may include the documentation of the property by measured drawings, photographic recording, historical research or other means appropriate to the significance of the property. The commission may also, with the approval of the city council, may delay a final decision for up to 180 days to allow parties interested in preserving the historic resource a reasonable opportunity to act to protect it. 3. Positive finding with feasible alternative to demolition. If the commission finds that the property is a historic resource, and that there is a feasible alternative to demolition then the commission shall deny the demolition permit and direct the Community Development Director to prepare a designation study of the property. B. NCD Infill If the HPC determines all or a portion of the home at 904 Harriet Street South is not a historic resource and there is no alternative to demolition, then HPC must make the findings of whether the new home’s design conforms to the NCD guidelines. FINDINGS AND RECOMMENDATION In 2016 the HPC determined the primary portion of the structure is potentially a historic resource but that it was apparent the single story addition did not contribute to the historic integrity of the home. As such, the HPC approved demolition of the single story addition and rehabilitation of the one and half story portion. While the community’s preservation goals are designed to protect historic resources, the demolition ordinance does allow the HPC to consider demolition when the HPC has made the findings that there is no feasible alternative to demolition. As noted, the City Code specifically indicates “in determining whether reasonable alternatives exist, the commission shall consider, but not be limited to, the significance of the property, the integrity of the property and the economic value or usefulness of the existing structure, including its current use, costs of renovation and feasible alternative uses”. In its current condition, the structure may not be occupied; therefore, there is no current use for the property. In order to be utilized as a residence, utilities would need to be restored and rehabilitation would need to occur. The applicant has determined it would cost $135,000 more to renovate the structure than it would be to reconstruct the structure. HPC Case 2018-28 November 7, 2018 Page 8 of 9 While the applicants have indicated reconstruction of the 1.5 story portion is desirable, a key preservation principle is to “create products of their own time”. Recreation of the home could give a false sense of history. However, with the exception of the rear mid-century modern portion of the home, the proposed design conforms to the NCD guidelines. However, as noted, the mid-century modern portion of the home will be tucked behind other house improvements. Given all of these things, staff would recommend:  The HPC make a motion indicating the structure is a historic resource; and  Make the motion there is no feasible alternative to demolition; and  Review the proposed reconstruction plans in relationship to the Neighborhood Conservation District guidelines; and  Approve the demolition permit and NCD Design Permit with the following conditions: 1. With the exception of the conditions outlined herein, plans shall be consistent with those submitted to the Community Development Department and on file with HPC Case No. 2018-28. 2. The structure and property shall conform to the RB – Two Family Residential zoning district standards for maximum strcutural coverage. 3. The project shall utilize lap siding with a 4-6” maximum reveal. 4. A building permit shall be obtained prior to the construction of the home. 5. Exterior lighting shall be downlit and shielded, with no lumens at the property line. A lighting fixture plan shall be submitted for approval prior to the issuance of a building permit. 6. A landscaping plan, to include tree replacement, shall be submitted at the time of the building permit. All significant trees removed shall be replaced. Low maintenance landscaping should be installed on the Churchill Street side of the property. 7. Driveways shall have a maximum width of 16’ at the property line and at the curb or edge of asphalt. 8. Restoration of the right-of-way, including reconstruction of sidewalks, shall be done in accordance with plans and specifications on file with the City. Coordination with the City Engineering Department is required. 9. All minor modifications of the plans shall be approved in advance by the City Planner. All major modifications shall be approved in advance by the HPC. Determination of the distinction between “major” and “minor” is defined in the Zoning Ordinance. ATTACHMENTS Site Location Map May 2016 Walkthrough Notice Holcombe Addition HPPA Form Demolition/Reconstruction (3 pages) Renovation/Reconstruction Cost Estimate Property Photographs (28 pages) NCD Application Checklist (2 pages) New Project Narrative (4 pages) Neighborhood Photographs (2 pages) Site Plan HPC Case 2018-28 November 7, 2018 Page 9 of 9 Exterior Elevations Massing Sketches (2 pages) Main Level Floor Plan Public Comment (2 pages) 2016 Design Approval WEST ANDERSON STREET WEST CHURCHILL STREET SOUTH MARTHA STREETSOUTH EVERETT STREETHANCOCK STREET SOUTH MARTHA STREETSOUTH HOLCOMBE STREETSOUTH SEVENTH STREETSOUTH HARRIET STREETWEST CHURCHILL STREET WEST HANCOCK STREET WEST WILLARD STREETSOUTH HARRIET STREETSOUTH HOLCOMBE STREETµ 0 290 580145Feet General Site Location Site Location 904 Harriet St S ^ Text 904 Harriet Street South Photos taken October 26, 2018 Corner of Churchill and Harriet Northeast Corner of Foundation has separated from the rest of the foundation. Stones are deteriorating. At one point someone attempted to do some DIY tuck pointing and simply took mortar and parged the joints and stone in a poor attempt to seal it up Northwest corner of foundation has fully separated from the rest of the foundation as well as the house. An indication of some settling Northwest corner looking east. This shows the amount of separation from the framing and foundation. Excessive Parging of the Foundation has occurred in a poor attempted to repair the already deteriorating and crumbling foundation. Unknown condition of stone and mortar behind the parged surface One of many holes in cladding, wall sheathing and dry rot of material including the actual studs. Many of the nails are rusted and falling apart. Rotten framing, sheathing and nail head had rusted off View inside one of the holes in the foundation All of the mortar is falling out of the joints. Dry rot has occurred where wood is touching the stone. Mold and deterioration to the siding More evidence of the foundation basically looking like a pile of rubble. Stairs do not meet current code and are very unsafe to walk up and down. Rise is 9 3/8” and width of stairs is 31”. Hand rail is extremely low as well. No handrail and no space to add one due to the width already being 5” too narrow. Head clearance is 5’-9”, 11” too low for current code One of several locations of water intrusion at the interior of the home. Likely mold, rot, deterioration and many other unknowns This is where Lawrence Ryan was found after tragically falling down the stairs in 2007. He was found by his roommates days later laying at the bottom of the stairs. All of the Floor Joists supporting the first floor are rotten, broken or have already been supported due to failure At some point in the past joists were added along side rotten joists and a beam and posts were also added for additional support as well The North side of the house is deteriorating to the point that the interior wall is pulling apart and you can see the backside of the exterior lath and the sunlight. r � � A ��f &LIjl 0 r I y Jenn Sundberg From: Jeanne Booher <booh698@gmail.com> Sent: Tuesday, November 06, 2018 10:39 AM To: Jenn Sundberg Subject: 904 Harriet St S. TWIMC: We live at 921 Harriet St S x 25 years now and we are so Excited To have the Posch Family coming to our neighborhood. Brian and Casey are Talented Builders and we have complete confidence in the plans before the commission. Our neighborhood welcomes the Posch's and the New house at 904 Harriet St S. Every one we speak to is overjoyed to know this will finally be happening ! You have our permission to share this letter at the hearing . Thanks so much, Jeanne & Bruce Booher & Family Sent from my iPhone Historic Preservation Commission/Staff Work Plan 2018 Historic Resources Chapter (Draft 2040 Comp Plan) 1-3 years: Revise Regulations Consolidate Guidelines & Standards Adopt Standards Analyze and Prioritize Designation Opportunities (Local & National) 3-5 years: Analyze Public Structures Inventory Landscapes Identify & Protect Viewsheds Analyze and Prioritize Designation Opportunities 5-10 years: Complete New Context Studies Community Development Department Draft Work Plan (HP and Historic Resource Specific) 2018 Start HPC Ordinance Update 2019 HPC Ordinance Update Bergstein Buildings Business Plan Hersey Bean Wall Stabilization Lowell Park Pavilion Historic Structure Report 2020 Consolidate Design Standards Host 2020 Conference Bergstein Building Design & Construction Assess and Repair Sunken Garden Chestnut Street Plaza Design 2021 Update Heirloom Homes Website Bergstein Building Construction Chestnut Street Plaza Construction 2022 South Main Arch. District Preservation & Interpretation Plan Teddy Bear Park Historic Structure Report Lowell Park/Sam Bloomer Design October 15, 2018 Dear Minnesota State Historic Preservation Annual Conference Committee, Our destination would be honored to host your 2020 annual conference celebrating and learning about the importance of historic preservation. The draw of our Americana river town is very influenced by the ideals of preservation. Stillwater is very fitting for your attendees because we are one of the oldest towns in the State, are considered the Birthplace of Minnesota, one of America’s Most Picturesque Small Towns (USA Today Travel) and are home to an entire historic downtown riverfront district on the national registry of historic places. Travelers come to our town to feel inspired by the beauty of the St. Croix River Valley and charm of a time gone by while embracing all the delights of today’s trends in hospitality from unique venues to culinary greatness and distinct places to stay. Stillwater has been voted as one of America’s Best Towns for Fall Colors by Travel & Leisure Magazine so your conference timing will be a nice time of year to host your event as well. We are happy to help connect you with local hotels, restaurants, venues, or attractions, but here are few key ideas that might be good for your group: • Boat Cruise on the St. Croix River • 45 Minute Narrated History Tour with Stillwater Trolley • MN 1st Prison Warden’s Home & Washington County Historic Society’s Museum • Oldest Courthouse in MN – Washington County Historic Courthouse • Self-Guided Historic Walking Tours – Videos or Phone App (LensFlareStillwater) • Historic Venues: JX Event Venue, Lowell Inn, Water Street Inn, Stillwater Library/Rooftop, The Loft at Studio J, The Grand Banquet Hall, The Idea Pad. Find 360 view tours here. • New Attractions: o St. Croix Crossing Loop Trail (5 mile pedestrian/biking trail connecting the historic lift bridge and new St. Croix Crossing bridge over to WI and back to downtown Stillwater). We’ll be celebrating the final stages of completion summer 2019. Our historic lift bridge was renovated as part of this project. o New & many options for accommodations: 500 rooms in town. 8 B&Bs, 5 Franchise hotels, 2 historic inns, 2 new Main Street boutique hotels, and 20+ vacation home or loft property rentals. o The Velveteen Speakeasy o Stillwater Escape Rooms o Segway or Biercycle Tours We truly hope you considering hosting your conference in Stillwater, Minnesota and are happy to assist with any further questions. Thank you, Christie Rosckes, Marketing Director: Stillwater/Oak Park Heights Convention & Visitor Bureau ORDINANCE NO. 1105 AN ORDINANCE AMENDING THE STILLWATER CITY CODE The City Council of the City of Stillwater, Washington County, Minnesota, does ordain: 1. Amending. Chapter 22, City Administration, shall be replaced in its entirety to read as follows: Sec. 22-1. - Council meetings. Regular meetings of the city council shall be held in the City Hall at 216 Fourth Street North, Stillwater, Minnesota. The city council shall by resolution establish the time and date on which the regular meetings are to be held and may from time to time change the date and time of the regular meetings and published according to Minnesota Statute. Sec. 22-2. - Custody and disposal of unclaimed property All property lawfully coming into the possession of the city shall be turned over to the Stillwater Police Department and if unclaimed by its owner shall be disposed according the Police Department's Policy and Procedures for unclaimed property. Net proceeds from the sale of property, shall be placed in the general fund of the city. Net proceeds from the sale of forfeitures shall be placed in the forfeiture fund of the Stillwater Police Department. Both funds are subject to the right of the former owner to payment of the sale price to them from the fund upon application and satisfactory proof of ownership within 180 days of the sale. Sec. 22-3. - Salaries established. Each councilmember of the City of Stillwater shall, during the term of office, be paid the sum of $600.00 per month, said sum to be paid bi-weekly. The mayor of the City of Stillwater shall, during the term of office, receive the sum of$750.00 per month, payable bi-weekly. Sec. 22-4. - Municipal emergency management ordinance. Subd. 1. Creation. Pursuant to Minnesota Statute Chapter 12.25 there is created within the city government an emergency management agency that shall be under the supervision and control of an Emergency Management Director, "the director." The director shall be appointed by the mayor for an indefinite term and may be removed by the mayor at any time. The director shall serve at a salary set by the city council and shall be paid necessary expenses. The director shall have direct responsibility for the organization, administration and operation of the emergency management agency, subject to the direction and control of the mayor. Subd. 2. Organization and function. The emergency management agency shall be organized as the director deems necessary to provide for the efficient performance of local emergency management functions during an emergency, or disaster situation. The agency shall perform emergency management functions within the city and in addition shall conduct functions outside the city as may be required by Minn. Stat. ch. 12 or this chapter. Subd. 3. Powers and duties of director. With the consent of the mayor,the director shall represent the city on any regional or state organization for emergency management. The mayor and the director shall develop proposed mutual aid agreements with other political subdivisions, within or outside the state, for reciprocal emergency management aid and assistance in an emergency or disaster situation emergency, too great to be dealt with unassisted, and shall present the agreements to the city council for its action. The agreements shall be consistent with the emergency operations plan and during an emergency or disaster situation, the emergency management agency and emergency management forces shall render assistance according to the provisions of the agreements. Subd. 4. Emergency operations plan. The director shall prepare a comprehensive general city emergency operations plan and shall present the plan to the city council for its approval. When the city council has approved the plan by resolution, all emergency management forces of the city shall perform the duties and functions assigned by the plan. Subd. 5. Reports. The director shall prepare and present to the city council periodically, a report of activities and recommendations. Sec. 22-5. - Planning commission. Subd. 1. Establishment of commission. There is an established city planning commission. Subd. 2. Comprehensive city planning. It shall be the duty of the planning commission to review the comprehensive plan of the city and to recommend amendments or additions to the plan for adoption by the city council, whenever changed conditions or further study by the commission indicate that amendments or additions are necessary. It shall be the duty of the planning commission to recommend to the city council reasonable means for putting the plan into effect, in order that it will serve as a pattern and guide for the physical, economic and social development of the city. Subd. 3. Procedure and amendments. No change shall be made in the comprehensive plan, subdivision, or zoning ordinance or regulations, until the proposed change has been referred to the planning commission for study and report and a copy of the report has been submitted to the city council. Failure of the planning commission to report within 60 days,or a longer period if allowed by the city council after reference, shall be deemed to be its approval of the proposed change. Subd. 4. Duty to review. The planning commission shall review the city zoning ordinance and may recommend to the city council amendments or additions, whenever changed conditions or studies by the commission indicate that amendments or additions are necessary. In addition, the commission shall exercise the powers given to it with respect to administration of requests for variances, special and conditional use permits, subdivisions requests and 2 general project review as set forth in this chapter, where applicable, and Section 31-201,Duties and Responsibilities,Chapters 32 and 34,as applicable. Subd. 5. Official map. The planning commission, after city council adoption of a comprehensive plan, a street plan, community facilities plan or capital improvement program, with instructions by the city council, shall prepare an official map of the city and adjoining territory, indicating upon the map the land that is needed for future streets and public facilities. After the map has been prepared, it shall be submitted to the city council. Before adoption by the city council, a public hearing shall be held upon the proposal at least ten days after a notice of time, place and purpose has been published in the city's official legal newspaper. Sec. 22-6. -Absentee ballot counting board. Subd. 1. Establishment. There is established an absentee ballot counting board for the purpose of counting all absentee ballots cast in the city. Subd. 2. Number required. The board shall consist of a sufficient number of election judges appointed as provided in Minn. Stat. §§ 204B.19 to 204B.22. Subd. 3. Duties. The duties of the absentee ballot counting board shall be those duties described in Minn. Stat. § 203B.13, subd. 2. Subd. 4. Compensation of members. The city clerk, with the approval of the city council, shall pay a reasonable compensation to each member of the absentee counting board for services rendered during each election. Subd. 5. Applicable laws. Except as otherwise provided by Minn. Stat. § 203B.13, all of the laws applicable to absentee ballots, absentee voters and all other provisions of the state election law shall apply to the absentee ballot board. Sec. 22-7. - Heritage preservation commission. Subd. 1. Establishment of commission. There is an established city heritage preservation commission. Subd. 2. Declaration of public policy and purpose. The city council declares that the preservation, protection, perpetuation and use of areas, places, buildings, structures and other objects having a special historical,community or aesthetic interest or value is a public necessity, and is required in the interest of the health, prosperity, safety and welfare of the community. The purposes of the heritage preservation commission are to: 1) Safeguard the city's heritage by preserving sites and structures that reflect elements of the city's cultural,social,economic,political,visual or architectural history; 2) Protect and enhance the city's appeal and attraction to residents, visitors and tourists and serve as a support and stimulus to business and industry; 3) Enhance the visual and aesthetic character, diversity and interest of the city; 3 4) Foster civic pride in the beauty and notable accomplishments of the past; and 5) Promote and preservation and continued use of historic sites and structures for the education and general welfare of the city's residents. Subd. 3. Definitions. The following words,terms and phrases,when used in this section, shall have the meanings ascribed to them in this subdivision, except where the context clearly indicates a different meaning: Heritage preservation site means any area, place, building, structure, lands, districts or other objects that have been duly designated heritage preservation sites, pursuant to subdivision 4(7) of this section. Subd. 4. Designation of heritage preservation sites. Heritage preservation sites shall be designated as follows: 1) Reports. The city council, upon the commission's request, may direct the city staff to prepare studies which catalog buildings, land, areas, district or other objects to be considered for designation as a heritage preservation site. 2) Criteria. The commission shall recommend to the city council areas, buildings, districts or objects to be designated heritage preservation sites. In considering the designation of heritage preservation sites, the commission shall apply the following criteria: a.The character, interest or value as part of the development heritage or cultural characteristics of the city, state or county. b.The location as a site of a significant historic event. c.The identification with a person or persons who significantly contributed to the city's culture and development. d.The embodiment of distinguishing characteristics of an architectural style, period, form or treatment. e.The identification as work of an architect or master builder whose individual work has influenced the city's development. f.The embodiment of elements of architectural design, detail, materials or craftsmanship that represent a significant architectural innovation. g.The unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community or the city. 3) Planning commission review. The commission shall advise the city planning commission of the proposed designation of a heritage preservation site, including boundaries, and a program for the preservation of a heritage preservation site, and secure from the city planning commission its recommendation with respect to the 4 relationship of the proposed heritage preservation designation to the comprehensive plan, the effect of the proposed designation upon the surrounding neighborhood and any other planning considerations which may be relevant to the proposed designation. The planning commission shall also give its recommendation of approval, rejection or modification of the proposed designation. The recommendation shall become part of the official record concerning the proposed designation and shall be submitted by the commission along with its recommendation concerning the proposed designation to the city council. The commission may make modifications, changes and alterations concerning the proposed designation, as it deems necessary in consideration of the recommendations of the city planning commission. 4) Communications with state historical society. A copy of the commission's proposed designation of a heritage preservation site, including boundaries and a program for the preservation of a heritage preservation site, shall be sent to the state historical society. 5) Hearings. Prior to the commission recommending to the city council any building, district or object for designation as a heritage preservation site, the commission shall hold a public hearing and seek the recommendations of concerned citizens. Prior to the hearing, the commission shall cause to be published in the city's official legal newspaper notice of the hearing at least 30 days prior to the date of the hearing, and notice of the hearing shall be sent to all owners of the property proposed to be designated a historic preservation site, and to all property owners within 300 feet of the boundary of the area to be designated. 6) Findings and recommendations. The commission shall determine if the proposed heritage preservation site is eligible for heritage preservation as determined by the criteria specified in Subd. 4(2)of this section, and if the commission recommends to the city council that the site be designated for heritage preservation, the commission shall transmit to the city council with its recommendation its proposed program for site preservation. 7) City council designation; hearings. The city council, upon the request of the commission,may by ordinance designate a heritage preservation site. Prior to the designation, the city council shall hold a public hearing, notice of which shall be published in the city's official legal newspaper at least 30 days prior to the date of the hearing and notice of the hearing shall be sent to all owners of property which is proposed to be designated a heritage preservation site and to all property owners within 300 feet of the boundary of the area to be designated. 8) Eminent domain. The commission may recommend to the city council after review and comment by the city planning commission,that certain 5 property eligible for designation as a heritage preservation site be acquired by gift, negotiation or by eminent domain as provided for in Minn. Stat. ch. 117. Subd. 5. Additional powers and duties of the commission. The commission shall have the following powers and duties, in addition to those otherwise specified in this section: 1) The commission shall conduct a continuing survey of all areas,places, buildings, structures or objects in the city which the commission, on the basis of information available or presented to it, has reason to believe are significant to the city's culture, social, economic, political or architectural history. 2) The commission shall continually survey all areas to determine needed and desirable improvements of older buildings throughout the city, acting in a resource and advisory capacity to owners of historically significant sites regarding their preservation, restoration and rehabilitation. 3) The commission shall work for the continuing education of the city's citizens with respect to the city's civic and architectural heritage. It shall keep current a public register of designated and proposed heritage preservation sites along with the plans and programs that pertain to them. 4) The commission may recommend that the city accept gifts and contributions made to the city and to assist the city staff in preparing applications for grant funds for heritage preservation. 5) The commission may on a continuing basis collect and review certain city planning and development records, documents, studies, models, maps,plans and drawings to be entered into the public library historical archives as a permanent record of city history and development. 6) The commission shall make no application to the national register or to the state for the designation of a historic site or district without the city council's consent. 7) The commission must also assume responsibility for the design review of any dwelling house hereafter proposed for construction on now existing vacant lots or on lots that become vacant due to demolition or destruction of existing structures within the Neighborhood Conservation District (NCD). In furtherance of that purpose, the Stillwater Conservation District Design Guidelines,as approved by the City Council on February 17,2006, are hereby adopted by reference as if fully set forth in this ordinance. Copies of the Design Guidelines are on file in the office of the community development director or city clerk and available at the Stillwater Public Library. The following process will guide the commission and the applicants. 6 a.Initial Review Meeting. Applicant must first meet with city planning staff. The goals and intent of the design review process will be explained, along with the guidelines, application requirements and schedule. b.Applicant Submission and Filing Fee. Applicant must submit completed application and design checklist, along with a filing fee according to the city's fee schedule, which may be changed from time to time by resolution enacted by the city council. c.Planning Staff Reviews Project and Prepares Report: This report will be sent to applicant and the commission. d.Heritage Preservation Commission Design Review and Public Hearing: The commission must hold a public hearing on the design review applications. Notice of the hearing must be published in the city's official legal newspaper at least ten days before the hearing and notice mailed to property owners within 350 feet of the site. At the hearing, after all have been given an opportunity to be heard, the commission will either approve, approve with conditions, or disapprove the proposed design. e.Approval: If the application is approved, a design permit will be issued by the planning staff to the applicant, and building department. f.Appeal: The applicant or any interested person aggrieved with the commission action, may, within ten days, revise and resubmit the application to the commission or appeal the decision to city council. g.Building Permit: Once approved, the plans may be completed and submitted to building officials for building permit review. The plans will also then be reviewed for design permit compliance by the planning staff. h.Enforcement: The community development department will monitor compliance with the design permit and any conditions of approval. Subd. 6. Review ofpermits. Permit review shall be as follows: 1) Site alteration permit. The commission shall review and recommend approval or disapproval of the issuance of a site alteration permit to do any of the following in a heritage preservation site. The application shall be accompanied by detailed plans including a site plan, building elevations and design details,and materials as necessary to evaluate the request. Regular city permits shall also be required. a.Remodel, alter or repair in any manner, including paint color that will change the exterior appearance of a historic building or a site. 7 b. New construction. c.Signs.The design review committee shall make a final decision on the granting or denial of a sign permit after seeking the recommendation of the community development director. The sign applicant or any party aggrieved by the decision of the committee has a right to appeal the decision to the city council, which shall sit as a board of adjustment and review. d.Moving of buildings. e.Partial or total demolition. This does not apply to structures required to be demolished according to Minn. Stat. ch. 463. 2) City activity. The commission shall review and make recommendations to the city council concerning city activity that could change the nature or appearance of a heritage preservation site. 3) Preservation program. All commission decisions with respect to this section shall be according to the approved program for the rehabilitation of each heritage preservation site. The following guidelines shall be used to evaluate applications for site alteration permits: a.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 purposes. b.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 must be avoided when possible. c.All buildings, structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. d.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 i,n their own right and this significance shall be recognized and respected. e.Distinctive *stylistic features or examples of skilled craftsmanship which characterize a building, structure or site shall be treated with sensitivity. f.Deteriorated architectural features shall be repaired rather than replaced, whenever possible. If replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. 8 Repair or replacement of missing architectural features must be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures. g.The surface cleaning of structures shall be undertaken by the gentlest means possible. Sandblasting and other cleaning methods that will damage historic building materials shall not be undertaken. h.Contemporary design for alterations and additions shall not be discouraged when such alterations and additions do not destroy significant historical,architectural or cultural material and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment. i.Whenever possible new additions or alterations to structures shall be done in a manner that if the additions or alterations were to be removed in the future, the essential form and integrity of the structure would be unimpaired. Subd. 7. Findings. Before approving any permit application required under subdivision 6 of this section,the commission shall make findings based on the program for preservation and architectural control for the heritage preservation site in regard to the following: 1) Alterations or additions to an existing building must not materially impair the architectural or historic value of the building.These findings should consider the existing structures and exterior appearances, building height, building width, depth or other dimensions, roof style, type of building materials, ornamentation and paving setback. 2) Prior to approval of any building demolition, the commission shall make written findings of the following:Architectural and historic merit of the building, the effect on surrounding buildings, the effect of any new proposed construction on the remainder of the building(in case of partial demolition) and on surrounding buildings, the economic value or usefulness of the building, as it now exists or if altered or modified in comparison with the value or usefulness of any proposed structures designated to replace the present building. 3) New buildings shall not materially impair the architectural or historic value of buildings on adjacent sites or in the immediate vicinity within the historic preservation site. Subd. 8. Limitations. If within 45 days from the filing of a building permit application, the commission has neither approved nor denied the building permit application, the plans and permit application shall be deemed to have been approved by the commission and if all other requirements of the city have been met,the commission shall authorize a permit for the proposed work.No permit 9 shall be issued or work commenced if the commission disapproves the application in accordance with this section. Subd. 9. Emergency repair. In emergencies where immediate repair is needed to protect the safety of the structure and its inhabitants,the building official may approve the repair without prior commission action. In the case of a permit issued under this subdivision,the building official shall immediately notify the commission of its action and specify the facts or conditions constituting the emergency. Subd. 10. Appeal to the city council. The permit applicant or any party aggrieved by the commission's decision shall, within ten days of the date of the commission's order and decision, have a right to appeal such order and decision to the city council. The appeal shall be deemed perfected upon receipt by the city clerk or community development department of two copies of a notice of appeal and statement setting forth the grounds for the appeal. The city clerk or community development department shall give one copy of the notice of appeal and statement to both the city council and the commission. The commission,in any written order denying a permit application, must inform the applicant of his right to appeal to the city council and include this subdivision in all such orders. Subd. 11. Penalty for violation of section. An owner or occupant of any area, place, building, structure or other object within a duly designated heritage preservation site who violates this section shall be guilty of a misdemeanor. Any architect, builder, contractor, agent, person or corporation who assists in the commission of a violation of this section shall be guilty of a misdemeanor. For each such day an owner or occupant of any area,place,building, structure or other object within a duly designated heritage preservation site allows any work to be performed on any area,place, building, structure or other object in violation of this section, it shall constitute a separate violation, and it shall be punishable as such. A heritage preservation site on which there exists any remodeling, repairing, construction or a building moved in violation of this section, is declared a nuisance and the imposition of the penalties prescribed shall not prevent the city from instituting an appropriate action or proceeding to prevent an unlawful remodeling, repair, construction, building, building moving or demolition or to restrain, correct or abate a violation. Subd. 12. Repository for documents. The city clerk's office is designated as the repository for at least one copy of all studies, reports, recommendations and programs required under this section. Subd. 13. Recording of heritage preservation sites. The city clerk's office shall record with the county recorder or registrar of titles the legal description of all lands designated as heritage preservation sites by the city council and shall transmit a copy of the legal descriptions to the building official. 10 Sec. 22-8.—Board/Commission administration Subd. 1. City Council Representative (liaison). The City Council shall assign a Council Representative (liaison)to boards and commissions at its first meeting in January. Representatives are assigned to the following boards/commissions: Board of Water Commissioners Downtown Parking Commission Heritage Preservation Commission Human Rights Commission Library Board Joint Board (Stillwater Township & Joint Cable Commission Ward 3 Council member & Mayor) Park and Recreation Commission Planning Commission Other Organizations: Convention&Visitors Bureau Fire Relief Association Middle St. Croix Watershed Management Organization Subd. 2. The Board of Water Commissioners, Library Board, Joint Cable and Charter Commissions, and Traffic Safety Committee voting members must be residents of the city. Subd. 3. Every appointed member, including Board of Water Commissioners, Library Board, Joint Cable and Charter Commissions, and Traffic Safety Committee member shall, before entering upon the discharge of their duties, sign an oath that they will faithfully discharge the duties of their office and shall serve without compensation. Subd. 4. Official Record. The written and adopted minutes are the official record for the board/commissions. All boards/commissions meetings shall be video or audio recorded and retained according to the City's adopted records retention policy. The commission shall approve summary minutes with detailed motions and have a roll call vote on each motion. The minutes shall be signed by the Chair of the Commission. If there is a question on the summary minutes(example: interpretation of what was said and summarized),the minutes shall be tabled and the chair shall direct the city clerk or their designee to review the video or audio to ensure that the official minutes are correct according to the audio/video of the meeting. The city clerk will provide the commission with any changes necessary to the board/commission for official approval. The city clerk's decision is final. Subd. 5. Adoption of a program of work. The board/commission shall proceed with the preparation and adoption of a program of work outlining activities proposed to be undertaken in the exercise of its powers and the performance of its duties. This program of work shall be revised not less than annually and progress on the program shall be included in the annual report to the city council. 11 The commission chair or board/commission's staff designee shall submit to the city council a report of its work during the preceding year during the second quarter of the current year. Subd. 6. Program assistance. To accomplish the intent and purpose of this section, the city shall provide the commission with staff support. Subd. 7. The Downtown Parking, Heritage Preservation, Human Rights, Park and Recreation and Planning Commissions are subject to the following: 1). Members. Downtown Parking Commission consists of 7 members, who serve 3 year terms. Members may be downtown business owners, building owners or residents of the City to be appointed by the city council. The Council representative and Community Development Director or Police Chief of the city shall be ex officio, nonvoting members of the commission. Heritage Preservation Commission consists of seven voting members with one member being a representative from the local historical society to be appointed by the city council. The Council representative and the Community Development Director or staff designee shall be ex officio, nonvoting members of the board or commission. Voting members shall be residents of the City. Human Rights Commission consists of seven voting members, one of which may be a youth representative, to be appointed by the city council. The Council representative be an ex officio, nonvoting member of the commission. Voting members shall be residents of the City. Park and Recreation Commission shall consist of seven voting members to be appointed by the city council. The Council representative and the Public Works Superintendent shall be ex officio, nonvoting members of the commission. Voting members shall be residents of the City. Planning Commission*shall consist of seven voting members to be appointed by the city council. The Council representative and Community Development Director or staff designee shall be ex officio, nonvoting members of the board or commission.Voting members shall be residents of the City. The current planning commission shall be gradually reduced to six members as the current members resign or retire from office and at that time the council representative will become a voting member. 2). Term. All appointments shall be for staggered terms of three years. All terms end on the first day of May in the year in which they expire. In the event of a vacancy, except that any person appointed to fill a vacancy occurring prior to the expiration of the term, which their 12 predecessor was appointed, may be appointed only for the remainder of the term. Upon expiration of their term of office, the member will continue to serve until their successor is appointed and qualified. Any vacancy for the unexpired term shall be filled according to Subd. 3 of this section. Members shall continue to hold office until their successors have been appointed and qualified. The Human Rights Commission youth representative will serve a one- year term(September 1 to August 31). 3). Appointment. All applicants(including incumbents providing a written request for reappointment) shall be interviewed by the council representative, the chair of the commission and the mayor or council member requested by the council representative ("interview panel"). If the chair is due for reappointment, the interview will be held by two members of council. A recommendation on appointment or reappointment from the interview panel will be given to the city clerk for placement on the council agenda for consideration. It is a goal,but not a requirement, that all wards of the city have commission representation to further the policy of the city council that representation on city commissions/boards be balanced. 4) Organization. At the first meeting in May, commission members shall nominate a chair and vice-chair from among its appointed members and vote on the nomination. The chair and vice chair's term will be for one year. The chair or vice chair must: a.Preside over meetings of the commission. b.Appear or appoint a representative to appear as necessary before other city advisory commissions and the city council to present the view point of the commission on matters pertaining to their commission subject matter as they relate to business under consideration by the commissions or city council. c.Act as the liaison with other governmental and volunteer units in matters relating to the subject function of the commission for the purpose of obtaining and providing timely information. 5) The commissions shall hold at least one regular meeting each month. Sec. 22-9. - Conditions for appointment to city boards and commissions. Subd. 1. Eligibility. No person shall be eligible for appointment to any board or commission (except Downtown Parking Commission) of the city, unless they are a resident of the city. For an appointment to the Downtown Parking Commission the member may be an owner or operator of a businesses with a place of business within the city. Subd. 2. Limitation on service. No person shall be eligible to serve on more than one board or commission at the same time. 13 Subd. 3. Publicity. The city clerk shall make reasonable efforts to publicize vacancies on any board and commission and shall keep a list or roster of the names, addresses,telephone numbers and qualifications of those interested in serving for a period of one year. Sec. 22-10. -Administrative citations and civil penalties. Subd. 1. Purpose. The city council finds that there is a need for alternative methods of enforcing this Code. While criminal fines and penalties have been the most frequent enforcement mechanism,there are certain negative consequences for both the city and the accused.The delay inherent in that system does not ensure prompt resolution. Citizens resent being labeled as criminals for violations of administrative regulations. The higher burden of proof and the potential of incarceration do not appear appropriate for most administrative violations.The criminal process does not always regard Code violations as being important. Accordingly, the city council finds that the use of administrative citations and the imposition of civil penalties is a legitimate and necessary alternative method of enforcement. This method of enforcement shall be in addition to any other legal remedy that may be pursued for Code violations. Subd. 2. General provisions. 1) A violation of Chapter 43 of this Code, Liquor, or Chapter 41, Section 41-2, Tobacco, or the acts prohibited in those sections are an administrative offense, which may be subject to an administrative citation and civil penalties pursuant to this chapter. Each day a violation exists constitutes a separate offense. 2) A violation of sign regulations as described in Section 31-509 of the Stillwater City Code entitled"Sign Regulations." 3) In addition,the hearing officer is given authority to determine whether a dog is a dangerous dog within the meaning of Minn. Stat. § 347.50, subd. 1(2) or a potentially dangerous dog within the meaning of Minn. Stat. § 347.50, subd. 1(3). 4) An administrative offense may be subject to civil penalty not exceeding 2,000.00. 5) The schedule of fines for offenses initiated by administration citation, appeals, and fees to be paid to administrative hearing officers shall be established from time to time by resolution enacted by the city council. The city council may adopt a schedule of fees to be paid to administrative hearing officers. 6) The city administrator and city clerk must adopt procedures for administering the administrative citation program. 14 Subd. 3. Administrative citation. 1) The chief of police or designee may issue an administrative citation upon belief that a violation has occurred. The citation must be issued in person or by mail to the person responsible for the violation or attached to the motor vehicle in the case of a vehicular offense. The citation must state the date,time and nature of the offense, the name of the issuing officer, the amount of the scheduled fine, and the manner for paying the fine or appealing the citation. 2) The person responsible for the violation must either pay the scheduled fine or request a hearing within seven days after issuance. Payment of the fine constitutes admission of the violation. A late payment fee of ten percent of the scheduled fine amount shall be imposed in accordance with subdivision 7 of this section. 3) The chief of police or designee may issue a notice to the owner of a dog that is believed to be dangerous or potentially dangerous. The notice must state the grounds for believing that the dog is dangerous or potentially dangerous and the manner of appealing the determination to the administration hearing officer. Subd. 4. Administrative hearing. 1) The city administrator will select a hearing officer with the assistance from the city attorney to hear and determine a matter for which a hearing is requested.The accused shall have the right to request no later than five days before the date of the hearing that the assigned hearing officer be removed from the case. One request for removal for each case will be granted automatically by the city administrator. A subsequent request must be directed to the assigned hearing officer who will decide whether he or she cannot fairly and objectively review the case. The city may remove a hearing officer only by requesting that the assigned hearing officer find that he or she cannot fairly and objectively review the case. If a finding is made, the officer must remove himself or herself from the case, and the city administrator must assign another hearing officer.The hearing officer is not a judicial officer but is a public officer as defined by Minn. Stat. § 609.415. The hearing officer must not be a city employee. The city administrator must establish a procedure for evaluating the competency of the hearing officers, including comments from accused violators and city staff. These reports must be provided to the city council. 2) Upon the hearing officers own initiative or upon written request of an interested party demonstrating the need, the officer may issue a subpoena for the attendance of a witness or the production of books, papers,records or other documents that are material to the matter being heard. The party requesting the subpoena shall be responsible for serving the subpoena in the manner provided for civil actions and for paying the fees and expenses of any witness. A person served with a 15 subpoena may file an objection with the hearing officer promptly but no later than the time specified in the subpoena for compliance. The officer may cancel or modify the subpoena if it is unreasonable or oppressive. Any person who, without just cause, fails or refuses to attend and testify or to produce the required documents in obedience to a subpoena shall be guilty of a misdemeanor. Alternatively, the party requesting the subpoena may seek an order from district court directing compliance. 3) Notice of the hearing must be served in person or by mail on the person responsible for the violation at least ten days in advance, unless all parties accept a shorter time. At the hearing, the parties will have the opportunity to present testimony and question any witnesses, but strict rules of evidence shall not apply. The hearing officer must tape record the hearing and receive testimony and exhibits. The officer must receive and give weight to evidence,including hearsay evidence,which possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. 4) The hearing officer has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions. When imposing a penalty for a violation,the hearing officer may consider any or all of the following factors: a.The duration of the violation; b.The frequency or reoccurrence of the violation; c.The seriousness of the violation; d.The history of the violation; e.The violator's conduct after issuance of the notice of hearing; f.The good faith effort by the violator to comply; g.The economic impact of the penalty on the violator; h.The impact of the violation upon the community; and i.Any other factors appropriate to a just result. 5) The decision of the hearing officer is final;however,an aggrieved party may obtain judicial review of the decision of the hearing officer in accordance with state law. 6) The failure to pay the fine or request an appeal within seven days after the citation or the failure to attend the hearing constitutes a waiver of the violator's rights to an administrative hearing and an admission of the violation. A hearing officer may waive this result upon good cause shown. Examples of"good cause" are: death or incapacitating illness of the accused;a court order requiring the accused to appear for another 16 hearing at the time; and lack of proper service of the citation or notice of the hearing. "Good cause" shall not include forgetfulness and intentional delay. Subd. 5. Recovery of civil penalties. 1) If a civil penalty is not paid within the time specified,it shall constitute: a.A lien upon the real property upon which the violation occurred if the property or improvements on the property was the subject of the violation and the property owner was found responsible for that violation; or b.A personal obligation of the violator in all other situations. 2) A lien may be assessed against the property and collected in the same manner as taxes. 3) A personal obligation may be collected by any appropriate legal means. 4) A late payment fee of ten percent of the fine must be assessed for each 30-day period,or part thereof,that the fine remains unpaid after the due date. 5) Failure to pay a fine is grounds for suspending or revoking a license associated with the violation. Subd. 6. Criminal penalties. The following are misdemeanors, punishable in accordance with state law: 1) Failure, without good cause, to pay a fine or request a hearing within 30 days after issuance of an administrative citation. 2) Failure, without good cause, to appear at a hearing, which was scheduled under subdivision 4 of this section. 3) Failure to pay a fine imposed by a hearing officer within 30 days after it was imposed,or such other time as may be established by the hearing officer, unless the matter is appealed under subdivision 5 of this section. 4) Failure to pay a fine imposed by the city council within 30 days after it was imposed, or such other time as may be established by the city council. Sec. 22-11. -Background checks. Subd. 1 The city of Stillwater shall perform employment background checks, according to state and federal laws. The city administrator or designee, is authorized to conduct a criminal history background investigation on finalists for the following employment positions within the city, unless the city administrator concludes that a background investigation is not needed: all regular part time and full time employees of the City of Stillwater; paid on call firefighters; all other positions or volunteer appointments that work with children or vulnerable adults. 17 Subd. 2. The city administrator, or designee are authorized to conduct driver's license investigations of city employees and employment finalists for purposes of verifying compliance with job position and insurance requirements and conducting disciplinary investigations relevant to such requirements. Subd. 3 Background Checks on Licensees. The city administrator or designee is required, as the exclusive entity within the city, to perform a criminal history background investigation on applicants and managers, according to state and federal laws, for the following licenses within the city: a.Tobacco licenses; b.Towing licenses; c.Peddler licenses; d.Pawnbrokers; and e.Liquor establishments. Sec. 22-12. -Administrative offenses. Subd. 1. Purpose. Administrative offense procedures established pursuant to this section are intended to provide the public and the city with an informal, cost effective and expeditious alternative to traditional criminal charges for violations of certain ordinance provisions. The procedures are intended to be voluntary on the part of those who have been charged with administrative offenses. At any time prior to the payment of the administrative penalty, as is provided for hereafter, the individual may withdraw from participation in the procedures, in which event the city may bring criminal charges in accordance with the law. Likewise, the city it its discretion, may choose not to initiate an administrative offense and may bring criminal charges in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the city will seek to collect costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is charged and is adjudicated guilty of the criminal violation. Subd. 2. Administrative offense defined. An administrative offense is a violation of a provision of this Code and is subject to the administrative penalties set forth in the city's current fee schedule adopted by the city annually or from time to time by resolution enacted by the city council. Subd. 3. Notice. Any officer of the Stillwater Police Department, or any other person employed by the city, authorized in writing by the city administrator and having authority to enforce this Code shall, upon determining that there has been a violation, notify the violator, or in the case of a vehicular violation, attach to the vehicle, a notice of the violation. Said notice shall set forth the nature,date and time of the violation,the name of the official issuing the notice and the amount of the scheduled penalty. Subd. 4. Payment. Once such notice is given, the alleged violator may, within ten days of the time of issuance of the notice, pay the amount set forth on the Schedule 18 of Penalties* for the violation. The penalty may be paid in person or by mail, and payment shall be deemed an admission of the violation. Note. The Schedule of Penalties is set out in its entirety as in the city's current fee schedule resolution that is adopted annually by the City Council. Subd. 5. Court appearance request. Any person contesting an administrative offense, pursuant to this section may within ten days of the time of the issuance of the notice,request a court appearance.A person requesting a court appearance will be issued a citation/summons for the violation and a court date will be set. The administrative offense procedure will then terminate. Subd. 6. Failure to pay. In the event a party charged with an administrative offense fails to pay the penalty within ten days, or request a court appearance within ten days, a misdemeanor or petty misdemeanor charge will be brought against the alleged violator in accordance with applicable city ordinances and state statutes. Upon issuance of the misdemeanor or petty misdemeanor charge, the administrative offense procedure shall terminate. If the penalty is paid in full within ten days, no similar charge may be brought by the city of Stillwater for the same incident. Subd. 7. Disposition of penalties. All penalties collected by the Stillwater Police Department,pursuant to this section, shall be paid to the city's finance director and may be deposited in the city's general fund. Subd. 8. Offenses and penalties. Offenses that may be charged as administrative offenses, and the penalties for such offenses, may be changed from time to time by resolution enacted by the city council. Copies of such resolutions shall be maintained in the city clerk's office. Subd. 9. Subsequent offenses. In the event a party is charged with a third administrative offense within a 12-month period, administrative notice/penalty may not be issued and a misdemeanor or petty misdemeanor charge shall be brought against the alleged violator. 2. Saving. In all other ways the Stillwater City Code shall remain in full force and effect. 3. Effective Date. This Ordinance will be in full force and effect from and after its passage and publication according to law. Adopted by the City Council this 19th day of June, 2018. CITY OF STILLWATER Ted Ko ki, Mayor ATTEST: D lam' Diane Ward, City Clerk 19 CITY OF STILLWATER along with its recommendation concerning the proposed designation to son with the value or usefulness of any proposed structures designated to ORDINANCE NO.1105 the city council.The commission may make modifications,changes and replace the present building. AN ORDINANCE AMENDING THE STILLWATER CITY CODE alterations concerning the proposed designation,as it deems necessary (3)New buildings shall not materially impairthe architectural or historic The City Council of the City of Stillwater,Washington County,Milne- in consideration of the recommendations of the city planning commission. value of buildings on adjacent sites or in the immediate vicinity within the sots,does ordain: 4)Communications with state historical society.A copy of the com- historic preserval lon site. 1.Amending.Chapter 22,City Administration,shall be replaced in its mission's proposed designation of a heritage preservation site,including Subd.6.Limitations.if within 45 dahefromthe filing of a building permit entirety to read as follows: boundaries and a program for the preservation of a heritage preservation application,the commission has neither approved nor denied the build. Sec.22-1.-Council meetings.site,shall be sent to the state historical society.ing permit application,the plans and permit application shall be deemed Regular meetings of the city council shall be held in the City Hall at 216 (5)Hearings.Prior to the commission recommending to the city council to have been approved by the commission and if all other requirements Fourth Streit North,Stillwater,Minnesota.The city couhcft urfil by reso^ any building,district or object for designation as a heritage preservation of the city have been met,the commission shall authorize a permit for Icahn estabIrm the time and date on which the regular meetings.are to be site,the commission shall hold a public hearing.and seek the recommen- the proposed work.No permit shall be issued or work commenced if the held and may from time to time change the date and time of the regular dations of concerned citizens.Prior to the hearing,the commission shall commission disapproves the application in accordance with this section. meetings and published according to Minnesota Statute. cause to be published in the City's official legal newspaper notice of the Subd.9.Emergency repair.In emergencies where immediate repair is Sec.22-2.-Custody and disposal of unclaimed property hearing at least 3D days prior to the date of the hearing,and notice of the needed to protect the safety of the structure and its inhabitants,the build- All property lawfully coming Into the possession of the city shall be hearing shall be sent to all owners of the property proposed to be des- ing official may approve the repair without prior commission action.In the turned over to the Stillwater Police Department and if unclaimed by as ignored a historic preservation site,and to all property owners within 300 case of a permit issued under this subdivision,the building official shall owner shall be disposed according the Police Department's Policy and feet of the boundary of the area to be designated. immediately notify the commission of its action and specify the facts or Procedures for unclaimed property. 6)Findings and recommendations.The commission shall determine if conditions constituting the emergency. Net proceeds from the sale of property,shall be placed in the general the proposed heritage preservation site is eligible for heritage preserve- Subd.10.Appeal to the city council.The permit applicant or any party fund of the city.Net proceeds from the sale of forfeitures shall be pieced lion as determined by the criteria specified in Subd.4(2)of this section, aggrieved by the commissions dentinal,shall.within ten days of the date in the forfeiture fund of the Stillwater Police Department.Both funds are and if the commission recommends to the city council that the site be of the commission's order and decision,have a right to appeal such order subject to the right of the former owner to payment of the sale price to designated for heritage preservation,the commission shall transmit to and decision to the city council.The appeal shall be deemed perfected them from the fund upon application and satisfactory proof of ownership the city council with its recommendation its proposed program for site upon receipt by the city clerk or community development department of within 180 days of the sale preservation. two copies of a notice of appeal and statement setting forth the grounds Sec 22-3.-Salaries established.7)City council designation;hearings.The city council,upon the re- for the appeal.The may clod:or community development department shall Each councilmember of the City of Stillwater shall,during the term quest of the commission,may by ordinance designate a heritage pres- give one copy ofthenoticeof appeal and statement to both the city coun- of office,be paid the sum of$600.00 per month,said sum to be paid ervation site.Prior to the designation,the city council shall hold a public cil and the commission.The commission,in any written order denying a bi-weekly.The mayor of the City of Stillwater shall,during the term of hearing,notice of which shall be published in the city's official legal news- permit application,must inform the applicant of his right to appeal to the office.receive the sum of$750.00 per month,payable bi-weekly paper at least 30 days prior to the date of the hearing and notice of the city council and include this subdivision in all such orders. Sec.22-4.-Municipal emergency management ordinance,hearing shall be sent to all owners of property which is proposed to be Subd.11.Penalty for violation of section.An owner or occupant of any Subd.1.Croation.Pursuant to Minnesota Statute Chapter 12.25 there designated a heritage Preservation site and to all property owners within area,place,•building,structure or other object within a duly designated is created within the city government an emergency management agency 300 feet of the boundary of the area to be designated.. heritage preservation site who violates this section shall be guilty of a that shall be under the supervision and control of an Emergency Manage- (8).Eminent.domain.•The commission may recommend to the city..misdemeanor.Any architect,builder,contractor,agent,person or corpo- ment Director,"the director."The director shall be appointed by the mayor council after review and comment by the city planning commission,that ration who assists in the commission of a violation of this section shall be for an indefinite term and may be removed by the mayor at any time.The certain property eligible for designation as a heritage preservation site be guilty of a misdemeanor.For each such day an owner or occupant of any director shall serve at a salary at by the city council and shall be paid acquired by gift,negotiation or byeminent domain as prowdledfor in Minn. area,place,building,structure or other object within a duly designated necessary expenses.The director shall have direct responsibility for the Stat.ch.117. heritage preservation site allows any work to be performed on any area, organization,administration and operation of the emergency management Subd.5.Additional powers and duties of the commission.The com- place,building,structure or other object in violation of this section,it shall agency,subject to the direction and control of the mayor mission shall have the following powers and duties,in addition to those constitute a separate violation,and it shall be punishable as such.A her- Subd.2.Organization and function.The emergency management otherwise specified in this section: itage preservation site on which there exists any remodeling,repairing, agency shall be organized as the director deems necessary to provide (1)The commission shall conduct a continuing survey of all areas,plat- construction or a building moved in violation of this section,is declared a for the efficient performance of local emergency management functions as,buildings,structures or objects in the city which the commission,on .nuisance and the imposition of the penalties prescribed shall not prevent during an emergency,or disaster situation.The agency shall perform the basis of information available or presented to it,has reason to believe the city from instituting an appropriate action or proceeding to prevent emergency management functions within the city and in addition shall are significant to the city's culture,social,economic,political or amhitec- an unlawful remodeling,repair,construction,building,building moving or conduct functions outside the city as may be required by Minn.Stat.ch. tural history. demolition or to restrain,correct or abate a violation. 12 or this chapter. 2)The commission shall continually survey all areae to determine Shad.12.Repository for documents.The city clerk's office isdesignat- Subd.3.Powers and duties of director.With the consent of the mayor, needed and desirable improvements of older buildings throughout the ed as the repository for at least one copy of all studies,reports,mcom- the director shall represent the city on any regional or state organization city,acting in a resource and advisory capacity to owners of historically m endations and programs required under this section. for emergency management.The mayor and the director shall develop significant sites regarding their.preservation,restoretion and rehabilitation, Subd.13.Recording of heritage preservation sites.The city clerk's of- proposed mutual aid agreements with other political subdivisions,within (3)The commission shall work for the continuing education of the city's fire shall record with the county recorder or registrar of titles the legal de- r outside the state,for reciprocal emergency management aid and as- citizens with respect to the city's civic and architectural heritage.It shall scription of all lands designated as heritage preservation sites by the city sistance in an emergency or disaster situation emergency,too great to be keep current a public register of designated and proposed heritage pres- council and shall transmit a copy of the legal descriptions to the building dealt with unassisted,and shall present the agreements to the city council ervation sites along with the plans and programs that pertain to them. official. for IS action.The agoisuo nts.shelf be.on.l owi with the emergency op- (4)The commission may recommend that the city accept gifts and con- Sec.22-8.-Board/Commission administration erarjons plan and during an emergency or disaster Situat on the amergen- tributdral made to the city and to assist the city craft in preparing applica- Subd.1:City Council Representative Halsor). cy management agency and emergency management forces shall render tions for grant funds for heritage preservation. The City Council shall assign a Council Representative(liaison)to assistance according to the provisions of the agreements. 5)The commission may on a continuing basis collect and review cer- boards and commissions at its first meeting in January. Representatives Subd.4.Emergency operations plan.The director shall prepare a com fain city planning and development records,documents,studies,models, are assigned to the following boardalcommissions: prehensive general city emergency operations plan and shall present the maps,plans and drawings to be entered into the public library historic.; Board of Water Commissioners Downtown Parking Commission plan to the city council for its approval.When the city Council has do- archives as a permanent record of city history and development.Heritage Preservation Commission Human Rights Commission proved the plan by resolution,all emergency management forces of the (6)The commission shall make no application to the national register Library Board Joint Board(Stillwater Township& city shall perform the duties and functions assigned.by the plan. or to the state for the designation of a historic site or district without the Joint Cable Commission Ward 3 Council member&Mayor) Subd,5.Reports.The director shall prepare and present to the city city council's consent.Park and Recreation Commission Planning Commission council periodically,a report of activities and recommendations.7)The commission must also assume responsibility for the design re- Other Organizations: Sec.22-5.-Planning commission, view of any dwelling:house hereafter:proposed for construction on rrow Convention&Visitors Bureau Fire Relief Association Subd,1.Establishment of commission.There is an established city existing vacant lots or on lots that become vacant due to demolition or Middle St.Croix Watershed Planning commission. destruction of existing structures within the Neighborhood Conservation Management Organization Subd.2.Comprehensive city planning.It shall be the duty of the plan- District(NCD).In furtherance of that purpose,the Stillwater Conservation Sutitl.2.The Board of Water Commissioners,Library Board,Joint Ca- ning commission to review the comprehensive plan of the city and to rec- District Design Guidelines,ae approved by the City Council on February this and Charter Commissions,and Traffic Safety Committee voting mem- emmend amendments or additions to the plan for adoption by the city 17,2006,are hereby adopted by reference So I fully set forth in this or- bars must be residents of the city. councic whenever changed conditions or further study by the commission dinance.Copies of the Design Guidelines are on file in the office of the Subd.3.Every appointed member,including Board of Water Commis- indicate that amendments or additions are necessary.It shall be the duty community development director or city clerk and available at,the Still- sioners,Library Board,Joint Cable and Charter Commissions,and Traffic of the planning commission to recommend to the city council reasonable water Public Library. Safety Committee member shall,before entering upon the discharge of means for putting the plan into effect,in order that it will serve as a pattern The following process will guide the commission and the applicants. their duties,sign an oath that they will faithfully discharge the duties of and guide for the physical,economic and social development of the city. a.Initial Review Meeting.Applicant must first meet with city planning their office and shall serve without compensation. Subd.3.Procedure and amendments.No change shall be made in staff.The goals and intent of the design review process will be explained, Subd.4.Official Record.The written and adopted minutes are the offi- the comprehensive plan,subdivision,or zoning ordinance or regulations, along with the guidelines,application requirements and schedule. cial record for the board/commissions. until the proposed change has been referred to the planning commission b.Applicant Submission and Filing Fee.Applicant must submit com- All boards/commissions meetings shall be video or audio recorded and for study and report and a copy of the report has been submitted to the plated application and design checklist,along with a filing fee according retained according to the City's adopted records retention policy. The city council.Failure of the planning commission to report within 60 days, to the city's fee schedule,which may be changed from time to fime by commission shall approve summary minutes with detailed motions and or a longer period if allowed by the city Council after reference,shall be resolution enacted by the city council. have a roll tail vote on each motion.The minutes shall be signed by the deemed to be its approval of the proposed change, c.Planning Staff Reviews Project and Prepares Report:This report will Chair of the Commission. Subd.4.Duty to review.The planning commission shall review the c"rty be sent to applicant and the commission. If there is a question on the summary minutes(example:interpretation cling ordinance and may recommend to the city council amendments d.Heritage Preservation Commission Design Review and Public Hear- of what was said and summarized),the minutes shall be tabled and the or additions,whenever changed condlons or studies by the commis- ing:The commission must hold a public hearing on the design review chair shall direct the city clerk or their designee to review the video or au- on indicate that amendments or additions are necessary.In addition,the applications.Notice of the hearing must be published in the cary's official dio to ensure that the official minutes are correct according to the audio/ commission shall exercise the powers given to it with respect to admin- legal newspaper at least ten days before the hearing and notice mailed video of the meeting.The city clerk will provide the commission with any istrarion of requests for variances,special and conditional use permits, to property owners within 350 feet of the site.At the hearing,after all changes necessary to the board/comr-Sison for official approval. The subdivisions requests and general project review as set forth in this chap- have been given an opportunity to be heard,the commission will either city clerk's decision is final, ter,where applicable,and Section 31-201,Duties and Responsibilities, approve,approve with conditions,or disapprove the proposed design. .Subd.5.Adoption of a program of work.The board/commission shall Chapters 32 and 34 as applicable. a Approval:If the application is approved,a design permit will be is- proceed with the preparation and adoption of a program of work outlining Subd.5.Official map:The planning commission,after city council sued by the planning arm to the applicant,and building department activities proposed to be undertaken in the exercise of its powers and the adoption of a comprehensive plan,a street plan,community facilities plan f. Appeal:The applicant or any interested person aggrieved with the performance of its duties.This program of work shall be revised not less or capital improvement program,with lnstruchons by the city council,shall commission action may,within ten days,revise and resubmit the applies- than annually and progress on the program shall be included in the annual prepare an official map of the city and adjoining territory,Indicating upon tion to the commission or appeal the decision to city council.report to the city council. the map the land that Is needed for future streets and public facilities. g.Building Permit:Once approved,the plans may be completed and The commission chair or board/commission's staff designee shall sub- After the map has been prepared,it shall be submitted to the city council. submitted to building officials for building permit review.The plans will mit to the city council a report of its work during the preceding year during Before adoption by the city council,a public hearing shall beheld upon also then be reviewed for design permit compliance by the planning staff. the second quarter of the current yeu the proposal at least ten days after a notice of time,place and purpose re Enforcement:The community development department will monitor Subd.6.Program assistance.To accomplish the intent and purpose has been published in the city's official legal newspaper. compliance with the design permit and any conditions of approval. of this section,the city shall provide the commission with staff support. Be..22-6.-Absentee ballot counting board.Subd.6.Review of permits.Permit review shall be as follows:Subd. 7.The Downtown Parking, Heritage Preservation, Human Subd.1.Establishment.There is established an absentee ballot count- (1)Site alteration permit.The commission shall review reandrecommendRights,Park and Recreation and Planning Commissions a subject to j ing board for the purpose of counting ail absentee ballots cast in the city. approval or disapproval of the issuance of a site alteration permit to do the following: Subd.2.Number required.The board shall consist of asufficient mum- any of the foilowiig in a heritage preservation site.The application shall be (1).Members. bar of election judges appointed as provided in Minn.Stat.§§.204B.19 accompanied by detailed plans including a site plan,building elevations Downtown Parking Commission consists of 7 members,who serve 3 to 2TI&22, and design details,and materials as necessary to evaluate the request. year terms.Members may be downtown business owners,building own- Subd.3.Duties.The duties of the absentee ballot counting board shall Regular city permits shall also be required am or residents of the City to be appointed by the city council.The Council C.those duties described in Minn.Stat.§203B.13,such.2. a.Remodel,after or repair in any manner,including paint color that will representative and Community Development Director or Police Chief of Subd.4.Compensation of members.The city clerk,with the approval change the exterior appearance of ahistoric building or a site.the city shall be ex officio,nonvoting members of the commission. of the city council,shall pay a reasonable compensation to each member If.New construction. Heritage Preservation Commission consists of seven voting members of the absentee counting board for services rendered during each else- c.Signs.The design review committee shall make a final decision on with one member being a representative from the local historical society tlon. the granting or denial of a sign permit after seeking the recommendation to be appointed by the city council.The Council representative and the Sutitl.5.Applicable laws.Except as otherwise provided by Minn.Star. of the community development director The sign applicant or any par- Community Development Director or staff designee shall be ex officio, 203B.13,all of the laws applicable to absentee ballots,absentee voters ly aggrieved by the decision of the committee has a right to appeal the nonvoting members of the board or commission.Voting members shall and all other provisions of the state election law shall apply to the absen- decision to the city council,which shall sit as a board of adjustment and be readerts of the City. tee ballot board. review. Human Rights Commission consists of seven voting members,one of Sec.22-7.-Heritage preservation commission.d.Moving of buildings. which may be a youth representative,to be appointed by the city coun- Subd.1.Establishment of commission.There is an established city e.Partial or total demolition.This dons not apply to structures required cil.The Council representative be an ex officio,nonvoting member of the heritage preservation commission. to be demolished according to Minn.Stet.ch.463. commission.Voting members shall be residents of the City. Subd.2.Declaration of public policy and purpose.The city council de- (2)City activity.The commission shall review and make recommen- Park and Recreation Commission shall consist of seven voting mem- clares that the presentation,protection,perpetuation and use of areas, cations to the city council concerning city activity that could change the hers to be appointed by the city council.The Council representative and places,buildings,structures and other objects having a special historical, nature or appearance of heritage preservation site. the Public Works Superintendent shall be ex officio,nonvoting members community or aesthetic interest or value is a public necessity,and is re- (3)Preservation program.All commission decisions with respect to this of the commission.Voting members shall be residents of the City. quired in the interest of the health,prosperity,safety and welfare of the section shall be according to the approved program for the rehabilitation Planning Commission"shall consist of seven voting members to be community.The purposes of the heritage preservation commissionrea to: of each heritage preservation site:-The following guidelines shall be used appointed by the city council.The Council representative and Coal l)Safeguard the city's heritage by preserving sites and structures that to evaluate applications for site alteration permits: nity Development Director or staff designers shall be ex officio,nonvoting reflect elements of the city's cultural,social,economic,political,visual or a.Everyreasonable effort shall be made to provide a compatible use members of the board or commission.Voting members shall be residents architectural history;for a property which requires minimal alteration of the building,structure of the City. 2)Protect and enhance the city's appeal and attraction to residents, or site and its environment or to use a property for its originally intended 'The current planning commission shall be gradually reduced to six visitors and tourists and serve as a support and stimulus to business and purposes. members as the curceht members resign or retire from office and at that industry;b.The distinguishing original qualities or character of a building,altos- time the council representative will become a voting member. 3)Enhance the visual and aesthetic character,diversity and interest tune or site and its environment shall not be destroyed,The removal or (2).Term.All appointments shall be for staggered terms of three years. of the city; alteration of any historic material or distinctive architectural features must All terms end on the first day of May in the year in which they expire.In 4)Foster civic pride in the beauty and notable accomplishments of be avoided when possible. the event of a vacancy,except that any person appointed to fill a vacancy the past;and c.All buildings,structures and sites shall be recognized as products of occurring prior to the expiration of the term,which their predecessor was 5)Promote and preservation and continued use of historic sites and their own time.Alterations that have no historical basis and which seek to appointed;may be appointed only for the remainder of the term.Upon ex- structures for the education and general welfare of the city's residents. create an earlier appearance shall be discouraged. piudo of their term of office,the member will continue to serve until their Subd.3.Definitions.The following words,terms and phrases,when d.Changes,which may have taken place in the course of time,are successor is appointed and qualified.Any vacancy forthe unexpired term used in this section,shall have the meanings ascribed to them in this sub- evidence of the history and development of a building,structure or site shall be filled according to Subs.3 of this section.Members shall continue division,except where the context clearly indicates a different meaning: and its environment.These changes may have acquired significance in to hold office until their successors have been appointed and qualified. Heritage preservation site means any area,place,building,structure, their own right and this significance shall be recognized and respected. The Human Rights Commission youth representative will serve a one- lands,districts or other objects that have been duly designated heritage e.Distinctive stylistic features or examples of skilled craftsmanship year term(September 1 to August 31). Preservation sites,pursuant to subdivision 4D)of this section.which characterize a building,stricture or site shall be treated with son- (3).Appointment.All applicants(including incumbents providing awrk- Subd.4.Designation of heritage preservation sites.Heritage preserve sfiviry.' ten request for reappointment)shall be interviewed by the council repre- lam sites shall be designated as follows: f.Deteriorated architectural features shall be repaired rather than re sentative,the chair of the commission and the mayor or council member 1)Reports.The city council,upon the commission's request,may di- placed,whenever possible.If replacement Is necessary,the new material requested by the council representative("interview panel").If the chair rect the city staff to prepare studies which catalog buildings,land,areas, should match the material being replaced in composition,design,color, is due for reappointment,the interview will be held by two members of district or other objects to be considered for designation as a heritage texture and other visual qualities.Repair or replacement of missing ar- council.A recommendation on appointment or reappointment from the preservation site. chitectural features must be based on accurate duplication of features, Interview panel will be given to the city clerk for placement on the council 2)Criteria.The commission shall recommend to the city council areas, substantiated by historic,physical or pictorial evidence rather than on agenda for consideration.it is a goal,but not a requirement,that all wards buildings,districts or objects to be designated heritage preservation sites. conjectural designs or the availability of different archimoturai elements of the city have Commission representation to further the policy of the In considering the designation of heritage preservation sites,the commis- from other buildings or structures.city council that representation on city commissionsiboards be balanced. ' sroN roaoicaaas ° S° a oroz Pzua z c7c ea3 y,,- s x a'U 0"a w z" 0 5. sa o o°w°ro Nwrr, Or re @}' wr.. w5°. c5g( 0 w ro 3Naco3 0r d1 ros I- D amp° r kTsrowaaQ° w m s y rorooan cD ean ro sroRro ss y ¢ P S ° ca. a ro - CD3Ioo a 30 mw m- J oo Ell n o o ro G s wn a CD a ' e ro ° O. ro f o Ca v au EL zoim a cr c tsg O & 7 Gy yy ro ID7 on t R 1' l SSvv SO7 sNro° o f I s a 0 : 2. c w NCLs° c o m ro WwN6Y7t 0 3 L @ C sn R. N 3 a° te - 4. w s C too 3 w ° aA nN y w 0- 0, .' ° so o n6 O a WoaR 3 ro b C U u t T ws a dA 0. .'°.+ r, MJyY' CNp@( Ei N f0 , Os G 4' ID w .° C ry gupp O ? D " ro Yd'! w". O O 41. w j 3 N " O PO N w N O CL 3 CD o c to Ifi O N O" f0 roNs CL fn O WV 7q NVa, w* Cyp d5a +. '. " fnT.ro I m Ty "*d O' AaPfiggaa COf, l• O._ s lsT. ro X, 8a a gy 9 10w' F ro to O ro , y On 4Oro- 0w dw1 O C O oI ¢ s o• c ° oN o ° o c* c oro9, e ; 3, ro tz row ¢ roro a s as ro ° e c r3¢ w a co ro. o ro LL z•' ° ° ° ' ro^ qa c tt ro izy ro mro 0 7 ro w" y o ° <_ N y ° a a y. s ro p C z o N NY ro o O O cn K5'' aAa.. 10" 4 gnV ^ W aF N[, 2i7 "" w 4. n '" s N N G db gg O s GF w. d3 ro Q C' Iron N• 3 ° .. G7 In N pwy" " G " E" 5 N pp/, 0 s 3 w ID O ". T6M1 N w U ro O Y 4 O O., , Y' IS, Ev " 7 s O m 3 . . Ic ro L` 4 c 3 ro GY' CM.,, raY'' O fb « n' y . 0 f" b N ° N J 7- 3 W 1 CY 3 as oro a w cz o , ' Oa• r a ° 3," 7 N m { w' ° o ro 3 3r ° ° m :: o N. v w 3 Y wtya ro 40 ro O O C5 95a [. 1. O q1..: y 4,' w O O O ro O. V C w w O ,. O. ° '.: .: O" G C7 w, ro a o• gp a w ak c a wroa ° o °. roroy4ox o ur r ate 3otoro a ID 7 ro w R c o 0 a Cy .. kb .. o ro 0 3 a, 4 N e vw . 1 ° a3 1 ffi a° « 3 ro o t o tr a5 a s" q 3' row, wc—°- 0 o m y tp C a a ro yyTM O. C_ O 9% 7 d A' r 3 7 M y y A" f 9" I.'" 3 p4j 4 7 O ro y a O .'. Q. O I,' Ck; « p aC roz G3 S6a C74 rr fla' " c C a, C ww q' OQC U w' a O ° s. q"' ' 0 O NCO O c in." IB, N I' A# f•. ro O. ro n O f V ' O 3 VU I O 6 ( D 0 0 s w 3 El. 3 3 00, 3 o 3 w 0 3 w aka + wos ° ° o a q3 ro3 Nrow sro' mso _ ro ro3 rocp roro spy ° ° s g o ° CD° o " roan C 2° a" ooS y 7 +"` ' dY N '') N ° C M, NV *'.";"^ s J 4YE M1 O y y ''' ' 7 @ ' 7, 3 c " Ta f7 d, CM r. N p' M N ! I' h N va3 ° ro o-o- o33n' 3 ow cNsy o3* f oc m ylfreo 0- 3 7N0yo o w m 3 3 10 O o w o 0 ° Z7 o to a-: E 3 wC.)o t m s, w o r a s s 0 3: ro w qua g, , o' 3 g v a°« o a h eay o w w w o z a w* O 7• ptl 7. O r 3 3 * C7""- , CP C. C Pb •' `';,.. nY. G ro ° : ro 3, ° 300 ID iT COD m CD uw, o ° Ice " to 3 ro cBr o r o j o o o" s w ° c swa ° ray nz y ro row ° ya ° ro 3w coo d. w ° rv ? p 3' _ Qi 3 Cc,° N{ 73 " uoCLCD mi m w 703 o " ' o QwNi%. 1 3roncrozro o Z O 4T° CD O U 0 3 AU ro I CD J i CONTINUED)CITY OF STILLWATER stitute: ORDINANCE NO.1105 a.A lien upon the real property upon which the violation occurred if the Subd.3.Publicity.The city clerk shall make reasonable efforts to pub- property or improvements on the property was the subject of the violation licize vacancies on any board and commission and'shall]keep a list or and the property owner was found responsible for that violation;or roster of the names,addresses,telephone numbers and qualifications of b.A personal obligation of the violator in all other situations. those interested in serving for a period of one year. 2)A lien may be assessed against the property and collected in the Sec.22-10..-Administrative citations and civil penalties, same manner as taxes. Subd.1..Purpose.The city council finds that there is a Teed for after- (3)A personal obligation may be collected by any appropriate legal native methods of enforcing this Code.While criminal fines and penalties means. have been the most frequent enforcement mechanism,there are certain (4)A late payment fee of ten percent of the fine must be assessed for negative consequences for both the city and the accused,This delay in- each 30-day period,or part thereof,that the fine remains unpaid after herrarit in than svinpErh does not ensure prompt resolution,Cittzens resent the due date. being labeled as criminals for violations of administrative regulations.The (5)Failure to pay a fine is grounds for suspending or revoking a license higher burden of proof and the potential of„incarceration do not appear associated with the violation. appropriate for most 4tch 1pst rative violations.The criminal process does Subd.6.Criminal penalties.The following are misdemeanors,punish- not always regard Crack violations as being important.Accordingly,the able in accordance with state law: city council finds that the use of administrative citations and the impo- (1)failure,without graod cause,to pay fine or:request a hearing with- sitien of civil penalties is a legitimate and necessary alternative meki o'd in 30 days after issuance of an administratve chal of enforcement.This method of enforcement shall be in addition to any (2)Failure,without good cause,to appear at a hearing,which was other legal remedy that may be pursued for Code violations. scheduled under subdivision 4 of this section. Subd.2.General provisions.I3' Failure to pay a Tiara Imposed by a hearing officer within 30 days 1)A violation of Chapter 43 of this Code,Liquor,or Chapter 41,Sec after it was unposed or such other time as may be established by the tion 41-2,Tobacco,or the acts prohibited in those sections are an ad- hearing officer,unless the matter is appealed under subdivision 5 of this ministrative offense,which may be subject to an administrative citation section. and civil penalties pursuant to this chapter.Each day a violation exists qd'j Failure to pay a fine imposed by the city council wrrhini 30 days f constitutes a separate offense. after it was imposed,or such other time as may be established by the 2)A violation of sign regulations as described in Section 31-509 of the city(dermal.. Stillwater City Code entitled"Sign Regulations." Sec.22-11.-Background checks. 3) In addition,the hearing officer is given authority to determine Subd.1 The city of Stillwater shall perform employment background wheYheu a dog is a dangerous dog within tote meaning of Minn.;Star,:§ checks,according to state and federal laws.The city administrator or 1 347,50,sulad.1(2)or a potentially dangerous dog within the meaning of designee,is authorized to conduct a criminal history background investi- Mmn,Slat.§',a47.50,sued,ird3. gation on finalists for the following employment positions within the city, 4)An administrative offense may be subject to civil penalty not ex unnless the city achnirtstrattor concludes that a backgproiund.invesfiglai ceeding$2,000.00. is not needed,all regular pact:time and full time empigyeeeof the City of 5)The schedule of fines for offenses initiated by administration cite Sdiliwaatec paid on call firefighuCer%all otherposithoi txsor'volunteer appoint-- IE tion,appeals,and fees to be paid to administrative hearing officers shall menu that work with children or vulnerable adults. be established from time to time by resolution enacted by the city council. Subd.2.The city administrator,or designee are authorized to conduct The city council may adopt a schedule of fees to be paid to administrative driver's license investigations of city employees and employment final- hearing officers. ists for purposes of verifying compliance with job position and insurance 6)The city administrator and city clerk must adopt procedures for requirements and conducting disciplinary investigations relevant to such administering the administrative citation program. requirements. Subd.3.Administrative citation. Subd.3 Background Checks on Licensees.The city administrator or 1)The chief of police or designee may issue an administrative citation designee is required,as the exclusive entity within the city,to perform a upon belief that a violation has occurred.The citation must be issued in criminal history background investigation on applicants and managers, person or by mail to the person responsible for the violation or attached according to state and federal laws,for the following licenses within the to the motor vehicle in the case of a vehicular offense.The citation must city: slate the date,'ilrtv"e and nature of the offense„thee name of the Issuing a.Tobacco licenses; criider,floe ammount cl the scheduled fine,and The manner for paying the b.Towing licenses; Pone or appealing the(tannin; c.Peddler licenses; 2)The person responsible for the violation must either pay the sched- d.Pawnbrokers:and uled fine or request hearing within seven days after issuance.Payment e.Liquor establishments. ' of the fine constitutes admission of the violation.A late payment fee of Sec.22-12.-Administrative offenses. ten percent of the scheduled fine amount shall be imposed in accordance Subd. 1. Purpose. Administrative offense procedures established Ywith subdivision 7 of this section. pursuant to this section are intended to provide the public and the city 3)The chief of police or designee may issue a notice to the owner with an informal,cost effective and expeditious alternative to traditional i of a dog that is believed to be dangerous or potentially dangerous.The criminal charges for violations of certain ordinance provisions.The pro- notice must state the grounds for believing that the dog is dangerous or cedures are intended to be voluntary on the part of those who have been potentially dangerous and the manner of appealing the determination to charged with administrative offenses.At any time prior to the payment the administration hearing officer. of the administrative penalty,as is provided for hereafter,the individual Subd.4.Administrative hearing. may withdraw from participation in the procedures,in which event the 1)The city administrator will select a hearing officer with the assis- city may bring criminal charges in accordance with the law.Likewise,the tance from the city attorney to hear and determine a matter for which a city it its discretion,may choose not to initiate an administrative offense t hearing is requested.The accused shall have the right to request no later and may bring criminal charges in the first instance.In the event a party than five days before the date of the hearing that the assigned hearing participates in the admi nistra'tive offense..procedures but does not pay officer be removed from the case.One request for hernO rat for each case the monetary penalty which may be imposed,the city will seek to collect will be granted automatically by the city administrator.A subsequent re- costs of the administrative offense procedures as part of a subsequent quest must be directed to the assigned hearing officer who will decide criminal sentence in the event the party is charged and is adjudicated whether he or she cannot fairly and objectively review the case.The city guilty of the criminal violation. may remove a hearing officer only by regasesting that the assigned hearing Sull 2.Administrative offense defined.An administrative offense is NIIrr officer find that he or she cannot fairly ai°td objectively revlerw the case,If a a violation of a provision of this Code and is subject to the administrative p' finding is made,the officer must remove himself or herself from the case, penalties set forth in the city's current fee schedule adopted by the city and the city administrator must assign another hearing officer.The hear- annually or from time to time by resolution enacted by city council. ling officer is not a pudl6al officer bug is.a public officaras defined by Mlnru Subd.3.Notice.Any officer of the Stillwater Police Department,or Staff..§509A15,The hearing officer must mitt be,a city employee-The city any other person employed by the city,authorized in writing by the city achninisvra for nmuast establish a.procedure for evaluating the competterscy administrator and having authority to enforce this Code shelf,upon deter- of the hearing officers,Inducting comments drover accused violators and mining that there has been a violation,notify the violator,or in the case of city staff.These reports must be provided to the city council. a vehicular violation,attach to the vehicle,a notice of the violation.Said 2)Upon the hearing officers own initiative or upon written request of notice shall set forth the nature,date and time of the violation,the name an interested party demonstrating the need,the officer may issue a sub- of the official Issuing the notice and the amount of the scheduled ponakty. Poona far the attendance of a witness orthe production of books.papers, Subd.4.Payment,Once.Such notice is given,the alleged violator may, records or other documents that are material to the matter being heard, within Gem days of the Rime of Issuance of tile ncrae,pay the amount sot The party requesting fine subpoena shaill be responsible fair serving the forth on;the Schedule of Penalties"for the violation„"The penalty may be subpoena in Vie rnannar provided for civil aateint,and for paying this fees paid in person or by mail,and payment shall tlx:deemed an admission of and expenses of any witness.A person served with a subpoena may the violation. file an objection with the hearing officer;promptly but no later than the 'Nate.The Schedule of Penalties is set out in its entirety as in the time specified in the subpoena for compliance The officer may cancel or city's current fee schedule resolution that is adopted annually by the City 4 modify the subpoena if it is unreasonable or oppressive.Any person who, Council. without lust cause falls,ur rebuses to attend and testily at to produce Subd.5.Court appearance request.Any person conga Trig an adi. the required 11,00u Maio is irr obw.lionca to a subpoene shall be,guiltyr of a mmnistrative offense,pursuant to this section may within ten days of the nlisderneauor.Alternatively?,the party requesting the subpoena may seek time of the issuance of the notice,request a court appearance.A person an order from district(oust directing comrµpEamoa;tts requesting a court',appearance will be issued a citabitWisummons for the 3)Notice of the hearing must be served in person or by mail on the violation and a court date will be set.The administrative offense proce- person responsible for the violation at least ten days in advance,unless dure will then terminate. all parties accept is shorter time.At the hearing,the parties will have the Subd.6,Failure to pay.In the event a party charged with an administra- opportunity to present testimony and question any witnesses,but strict five offense fails to pay the penalty within ten days,or request a court ap- rules of evidence shall not apply T he heattiag officer must tape record the peorance within ten days,a misdemeanor or petty misdemeanor charge hearing,and receive testimony and exhibits.The officer must reserve and wh be brought against the alleged violator in accordance with applicable 4 gve weight to evidence,inceding hearsay evidence,which possesses city ordinances and state statutes.Upon issuance of the misdemeanor probative value commonly accepted by reasonable and prudent people or petty misdemeanor charge,the administrative offense procedure shall an the conduct of their affairs,terminate.If the penalty is paid in full within ten days,no similar charge 4)The hearing officer has the authority to determine that a violation may be brought by the city of Stillwater for the Same incident. occurred,to dismiss a citation,to impose the scheduled fine,and to re- Subd.7.Disposition of penalties.All penalties collected by the Stillwa- duce,.stay of waive a scheduled fine either unconditionally or Eupora coal. ter Raise Department,pursuant to this section,shall be paid to the city's Priance with appcoprrata oonditkmli,When imictrang a penalty tom tit via- finance director end may be deposited in the city's general fund. istion,$Eno hearing officer may outuider any or all of the following factors: Subd.8 Offenses and penalties.Offenses that may be charged as g a.The duration of the violation, administrative offenses,and the perialtpes for such offenses„may beib.The frequency or reoccurrence of the violation;changed from time to orate by resclul tan muscled by the city council.Cop- t c.The seriousness of the violation; ies of such reguutions shall be maintained in the city clarka officer d.The history of the violation;So6d9 9.Subsequent offenses.In The event a party is charged with a e.The violator's conduct after issuance or the notice of hearing; third administrative offense within a 12-month period,administrative no- t f.The gnod'faith shoat by the violator to comply; rice/penalty may not be issued and a misdemeanor or petty misdemeanor g.The economic impact of the penalty on the violator; charge..shall be brought against the alleged violator. h.The impact of the violation upon the community;and 2.Saving.In all other ways the Stillwater City Code shall remain in full 1.Any other factors appropriate to a just result. force and effect. q,y The decision of the nearing officer is final;however,an aggrieved 3.Effective Data. This Ordinance will be in full force and effect from party may obtain tudreia review of the decision of the hearing officer in and after its passage and publication according to law. accca'dancs with state lawn. Adopted by the City Council this 19th day of June,2018. 6)The failure to pay the fine or request an appeal within seven days. CITY OF STILLWATER after the citation or the failure to attired the hearing)constitutes a waiver of /a/Ted Kozlowski the violator's rights to an administrative hearing and an admission of the Ted Kozlowski,Mayor violation.A hearing officer may waive this result upon good cause shown. ATTEST: Examples of"good cause'are:death or incapacitating illness of the ac- Is/Diane E Ward cused;a court order requdrdiap the accused to appear for another hearing Diane Ward,City Clerk at the time;and lack of proper service of the citaticri or notice of the hear- Published in the Ind."Good cause"shall not include fometfulnesc anti tot—tlr,r,mi H lav Rtill—t.,r-_ AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Jessica Crabb being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s)known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat.§331A.02. B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 06/22/2018 and the last insertion being on 06/22/2018. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: qy Designated Agent Subscribed and sworn to or affirmed before me on 06/22/2018 by Jessica Crabb. Notary Public nnn vwwwvw. a,51,,r z• =- DARLENE MARIE MACPHERSON Notary Public-Minnesota 7. `'+` MyCommission Expires Jan 31,2019a Rate Information: 1)Lowest classified rate paid by commercial users for comparable space: 40.00 per column inch Ad ID 828917 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Jessica Crabb being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s)known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn.Stat.§331A.02. B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 06/22/2018 and the last insertion being on 06/22/2018. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause(1) or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribe and sworn to or affirmed before me on 06/22/2018 by Jessica Crabb. c (AM -Pt Notary Public 1:1'*:‘,DARLENE MARIE MACPHERSON 1 3. Notary Public-Minnesota 4 +`° My Commission Expires Jan 31,2019 Rate Information: 1)Lowest classified rate paid by commercial users for comparable space: 40.00 per column inch Ad ID 828935