09-504Council File # O —Gj�
Green Sheet # 3070226
RESOLUTION
MINNESOTA
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RESOLUTION ESTABLISHING REVISED GUIDELINES FOR THE
DOWNTOWN FA�ADE IMPROVEMENT PROGRAM
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WIIEREAS, the Council of the City of Saint Paul, in Council File No. 08-188, has
commenced to amend Administrative Code Chapter 65 to provide that certain improvements to designated
heritage preservation structures and non-designated structures located in the B4 and BS Zoning Districts
have a public purpose and that it is in the City's interest to levy and collect an assessment to pay a11 or part
of the costs of those improvements having such a public purpose as these improvements can benefit the
general public primarily by preserving the City's cultural, social, economic and architectural history as
wel] as maintain and enhance the vibrancy of the City's downtown area; and
WHEREAS, upon the enactment of Council File No. 08-188, the City Council desires that
applications for improvements consistent with the intent of Admin. Code Chap. b5 should be processed for
approval as expeditiously as possible; and
WIIEREAS, the City Council, in arder to facilitate the pracessing of such applications,
finds as a matter of policy that presently designated historic shuctures, as well those structures which have
been certified or considered eligible for the National Historic Register by the State Historic Preservation
Office, or have been studied and recommended for historical designation in the St. Paul Historic Context
Studies: Downtown St. Paul, I849-1975 but have yet to be so officially designated should, given the
limited availability of funds, receive priority consideration in keeping with the Ciry's stated policies of
safeguarding and enhancing the City's historical assets; and
WHEREAS, for the purpose of guiding City staff and petitioners through the requirements
and review of such applications, the City Council, upon the advice and recommendation of the Department
of Planning and Economic Development and the Department of Safety and Inspections — Heritage
Preservation Commission staff, hereby establishes the following requirements which shall be applicable to
applications for certain improvements to designated heritage preservation structures, as well structures
which have been certified or considered eligible for the National Historic Register by the State Historic
Preservation Office, or have been studied and recommended for historical designation in the St. Paul
Historic Context Studies.• Downtown St. Paul, 1849-1975 buY not yet designated, for the assessment of the
costs of such improvements.
NOW, THEREFORE, BE IT RESOLVED, that applications presented to the City for
certain improvements to designated heritage preservation structures, as well as those structures which have
been certified or considered eligible for the National Historic Register by the State Historic Preservation
Office, or have been studied and recommended for historical designation in the St. Paul Historic Context
Studies: Downtown St. Paul, 1849-1975 but not yet designated as historical, as authorized by
Administrative Code Chapter 65, must for approval purposes comply with the following requirements and
criteria:
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a) The petition must be by written application on a form provided by the City and shall
comply with all of the applicable requirements of Administrative Code Chapter 65,
including the submission of a Heritage Preservation Commission Design Review
Application, plans, specifications, and a cost estimate. The City shall reject any
application not on a form of the City and any application that does not include all
information required by the City.
b) Stnxctures eligible to participate in this special assessment program must be in a B4 or
BS Zoning District and listed either on the National Register of Historic Places, locally
designated as a Saint Paul Heritage Preservation Site, or have been certified or
considered eligible for the National Historic Register by the State Historic Preservation
Office, or have been studied and recommended for historical designation in the St. Paul
HistoYic Context Studies. Downtown St. Paul, 1849-1975 but has not yet been
designated as historical.
c) Improvements eligible through this special assessment program must be visible from the
public realm, and include but may not be limited to: historical awnings; replacement of
missing decorative features; restoration or replacement of doors and windows; removal
of non-historic materials or additions; approved exterior lighting; design and
engineering fees related to the proposed improvements; historic preservation-related
maintenance which requires specialized care or expertise, including tuck-pointing and
cleaning. All improvements are subject to City's approval.
d) Improvements not eligible through this special assesment program include but may not
be limited to: any interior wark; work done to a building's roof; major landscape
improvements; plants; building improvements not visible from the public realm;
building additions and new construction; improvements completed or in progress at the
time of applicaYion; building acquisition; exterior painting, except for painting related to
other eligible improvements; routine maintenance.
e) All proposed fagade improvements will be reviewed by staff of the Heritage
Preservation Commission, and must meet the Secretary of Interior Standards for
Rehabilitation of Historic Buildings.
fj The petition shall be prepared and signed by ail owners of the subject property, and
proof of record ownership thereof shall also be submitted with the petition.
g) The petirion shall contain a statement that the owner(s) shall be responsible for
contracting for the actual construction of the fapade improvements using contractors and
installers licensed or registered with the City of Saint Paul or the State of Minnesota.
h) The petition shall contain a signed statement by the owner(s) waiving all rights which
they may have to a public hearing on the proposed improvement and assessment and
further specifically waiving any and all rights which the owner(s) may have to appeal
the adopted assessments to the District Court.
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i) The amount to be specially assessed for the improvements shall not exceed the amount
of the approved construction estimates, plus any administrative costs incurred by the
City and interest chazges. Administrative chazges may include the costs of providing a
disbursing agent, engineering inspection services and other costs associated in the
review and implementation of the improvements. No property may receive more than
$500,000 for fa�ade improvements under this program.
j) The petition shall contain a statement that the owner(s) shall be responsible for the
difference between the approved construction estimate and the actual construction wsts,
in the event tt�e actual costs exceed the approved estimate.
k) No payment shall be authorized until the assessment is ratified and the completed work
is reviewed and approved by the Department of Safety and Inspection for compliance
with all applicable building codes and consistency with the proposed improvements.
Any approval by a City division or department shall be only as to compliance with
existing codes and is not a warranty of quality of materials or workmanship.
I) Special assessments shall be for a period not to exceed 15 years for projects receiving
$250,000 or less, and for a period not to exceed 20 years for projects receiving in excess
of $250,000.
m) Assessments shall bear interest at the highest rate applicable for any other special
assessment levied by the City in that year.
n) The petition shall contain a statement that in the evenY the pefitioners request the
abandonment of the special assessment project, all costs incurred by the City shall be
reimbursed by the petitioners and in the discretion of the Council may be collected in
the same manner as assessments.
o) Unless specifically waived by the City Council, all petitions must be received and
approved by the City Council before consiruction or installation of the proposed fapade
improvements.
p) Consideration of all petitions shall be subject to a case-by-case determination and
approval of the City Council and shall be solely within the Council's discretion.
q) The owner(s) of any non-designated structure that has been certified or considered
eligible for the Narional Historic Register by the State Historic Preservation Office, or
has been studied and recommended for historical designation in the St. Paul Historic
Context Studies: Downtown St. Paul, 1849-1975, and any mortgage holders for said
property, must grant the City an easement in the facades upon which improvements are
made under this program.
r) All petitions shall be evaluated and ranked by priority by the Heritage Preservation
Commission as a recommendation to the City Council. Final authority for funding any
project rests with the City Council.
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s) All special assessments must be ratified by no later than the first Wednesday in October.
t) The schedule for the Facade Improvement Program is incorporated into this resolution by
attachment.
Adopted by Council: Date -,� � � �
Adoption Certified by Counci] Secr ry
By: / "�i n ' .�
Approve Date Z^Z
Bv:
Requested by Department of:
By:
Approved by the Office of Financial Services
By:
Approved by City Attorney
By:
Approved by Mayor for Submission to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmentlOffice/Council: � Date Initiated: ' � r � �
j co-�°°°��� ; 06MAY-09 ; Green Sheet NO: 3070226
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Assign �
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Contact Person & Phone:
Councilmember Thune
266-8620
Must Be on Council Agenda by (Date):
13-MAY-09
j RESOIUTION
E-DOCUmentRequired: Y
Document Contact: Patricia Lindgren
Contact Phone: 266-8621
ToWI # of Signature Pages _(Clip All Locations for Signature)
Establishing revised guidelines for the Downtown Facade Improvement Progam.
Recommendations: Approve (A) or Reject (R):
Planning Commission
GB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this person/firm ever worked under a contrect for this department'�
Yes No
2. Has this person/firm ever been a city employee? �
Yes No
3. Does ihis persoNflrtn possess a skiit not normaliy possessed by any
current cily employee?
Yes No
Explain atl yes answers on separafe sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
DisadvanWges If Approved:
DisadvanW ges If Not Approved:
Totai Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
Cosf/Revenue Budgetetl:
Activity Number:
May 6, 2009 2:58 PM Page 1
4`I - 5� �)
Schedule for the 2009-2010 Fa�ade Improvement Program
Wed. May 20, 2009
May 21- October 6, 2009
Wed. October 7, 2009
Wed. November 4, 2009
Nov. 2009 - Jan. 2010
Thursday Jan. 21, 2010
Wed. February 3, 2010
Februazy 2010
Mazch — Sept. $, 2010
Friday Sept. 10, 2010
Program press release issued.
Prepazation of 2009-2010 Fa9ade Improvement Program
Pre-Application by Building owner: preparation of project
scope, cost estimates and Heritage Preservation Commission
(HPC) Design Review Application. HPC staff then works with
building owners to insure compliance with HPC Guidelines. Some
projects can be reviewed by HPC staff; other projects may require
the review of the Heritage Preservation Commission.
Pre-application deadline and review by PED and HPC
staff for completeness.
Final 2009-2010 Fagade Improvement Program Application
Deadline.
Heritage Preservation Commission's review and ranking of 2009-
2010 Faqade Improvement Program applications.
Deadline for the Heritage Preservation Commission's ranking
and funding recommendations to the City Council.
City Council approval of projects for funding and preliminary
special assessments.
Owners obtain construction permits.
Preconstruction conference with owners and their contractors.
Project construction and approval by PED and DSI, Code Review
and Heritage Preservation staff.
Deadline for submission of final assessment amount, based
on construction costs.
Wed. September 22, 2010 Deadline for final assessment ratification by the City Council.
DEPARTMENT OF PLANNMG & �
ECONOMIC DEVELOPMENT
Cecile Bedor, Dmector �••�'•�•�•
Gy-��
CITY OF SAINT' PAUL
Chnstopher B Coleman, Mayor
25 West Fwrth Street Telephone 651-266-6�6�
SmrstPaul,IvLN55102 Facsrmr[e 651-228-326!
DOWNTOWN FAC�ADE IMPROVEMENT PROGRAM
2009-2010 PROGRAM OUTLINE
In order to encourage building owners to make fa�ade improvements to historic buildings in
downtown Saint Paul, the City of Saint Paul is announcing a second round of the Downtown
Fayade Improvement Program for certain buildings within the City's B4 and 65 Zoning Districts.
Limited funding is available and an application process is required.
Program Description: The purpose of this Facade Program is to make appropriate fa�ade
improvements to historic buildings in downtown Saint Paul in order to highlight Saint Paul's rich
architectural heritage as well as maintain and enhance the vibrancy of the City's downtown area.
Eliqible work includes, but mav not be limited to:
• Historical awnings
• Replacement of missing decorative features
• Restoration or replacement of doors and windows
• Removal of non-historic materials or additions
• Approved exterior lighting
� Design and engineering fees related to the proposed improvements (not to
exceed 10% of the total project costs)
• Historic preservation-related maintenance which requires specialized care or
expertise, including tuckpointing or cleaning
In-eliqible work includes, but mav not be limited to:
• Any interior work
• Work done to a building's roof
• Ma�or landscape improvements
• Plants
• Building improvements not visi6le from the public realm
• Building additions / new construction
• Improvements completed or in progress at the time of application
• Building acquisition
• Exterior painting, except for painting related to other eligible improvements
• Routine maintenance
Buildinqs that are currentiv eliqible:
• Any building in a B4 or 65 Zoning District listed on the National Register of
Historic Places, or locally designated as a Saint Paul Heritage Preservation Site
• Any building in a B4 or B5 Zoning District that has been certified or considered
eligible for the National Historic Register by the State Historic Preservation
Office, or has been studied and recommended for historical designation in the St.
Paul Historic Contexf Studies: Downtown St. Paul, 1849-1975 but has not yet
a��� y
been designated as historical. The CiN will require a facade easement for
buildinas in this cateqorv.
Program Funding: Funds for this pilot program will be provlded initially by the City of Saint Paul
and repaid by property owners through special assessment against the improved properties. The
total amount of available funds for this 2009-2010 program is $900,000, with a maximum of
$500,000 available per building. Special assessments under this program shall be for a period
not to exceed 15 years for projects receiving $250,000 or less, and for a period not to exceed 20
years for projects receiving in excess of $250,000. Assessments shall bear interest at the 2009
approved rate of 5 5% unless the 2010 rate is lower, in which case the lower rate will apply.
Who May Appiy: Property owners.
Application/Approval Process: Applications will be reviewed and ranked by the Heritage
Preservation Commission for the City Council, which has final funding authority. Building owners
who are interested in participating in this year's program must submit a complete set of
application materials in order to be considered for funding. The City has sole authority to
determine eligibility of proposed work, and confirm that work has been completed correctly. All
proposed fa�ade improvements will be reviewed by staff of the Heritage Preservation
Commission ("HPC") or in some cases by the full Commission, if required, and must meet the
Secretary of Interior Standards for Rehabilitation of Historic Buildings. Funding on approved
fa�ade improvement projects may be withdrawn if any portion of the project changes substantiaNy
from what was approved by the City, without receiving prior consent. Pre-applications must be
Contact Information: For more information or an application form, contact Margot Fehrenbacher
at 651-266-6660 or marqot.fehrenbacher(a�ci.stpaul.mn.us.
City of Saint Paul
Department of Planning and Economic Development (PED)
1300 City Hall Annex
25 West Fourth Street
Saint Paul, MN 55102
PROGRAM GUIDELINES 8 REQUIREMENTS
Terms:
1. Payment shall be authorized once special assessment is ratified, the work has been
completed, and final inspection and approval by appropriate City staff has occurred.
2. Reimbursement shall be made only on improvements specifically approved as part of the
special assessment.
3. The City reserves the right to withdraw funds on any portion of a special assessment that
changes substantially from what was approved without first receiving prior consent form the
City. Such consent is to be given by the Executive Director of the Department of Planning
and Economic Development, in consultation with the Department of Safety and Inspection or
the Saint Paul City Council, depending on the nature of the change.
4. The success of this program is dependent on timely completion of projects. All fundinq
awards will be approved by the Saint Paul Citv Council bv no later than Februarv 3.
2070 and construction must be compfeted and final assessments ratified bv
by-�;��
Wednesdav September 22. 2010. The Citv reserves the riqht to reallocate an award if
construction has not started bv Aupust 17, 2010.
5. Special assessments under this program shall be for a period not to exceed 15 years for
projects receiving $250,000 or less, and for a period not to exceed 20 years for projects
receiving in excess of $250,000. Assessments shall bear interest at the 2009 approved rate
of 5.5% unless the 2010 rate is lower, in which case the lower rate will apply. All special
assessments shall be charged a one-time administrative fee equal to two percent of the cost
of improvements specifically approved as part of the special assessment.
Approval of Work: The City will have sole authority to determine eligibility of proposed work and
confirmation of completed work Certain work may be required or precluded as a condition of
funding.
General Conditions: The following general conditions will apply to all projects:
➢ lmprovements funded by the special assessment will be maintained in good order for at
least as long as the assessment period.
➢ Property taxes must be current, and participants may not have debts in arrears to the City
of Saint Paul.
➢ All contractors and building owners must comply with the City's rules regarding Vendor
Outreach, Affirmative Action / Apprenticeship Oppo�tunities Pilot Project, and Labor
Standards, for any project receiving funds through this special assessment program
Other Approvals: Participants will be responsible for obtaining necessary regulatory approvals,
Gity building permits, and other necessary permits All work must comply with City, State and
Federal regulations.
Selection Methods: The City's Heritage Preservation Commission may utilize ranking systems
or other determining factors to assist in the selection process depending on availability of funds
and the number of applicants. A ranking system may include, but not be limited to: location,
building use, historic quafifications, need of applicant, and the projects significance. Such ranking
systems may be modified at any time to meet the goals of the City. Approvals will be based on
available funding, and the applicanYs ability to complete the proposed project in a timely manner.
Construction Contrect: All construction contracts will be between the participating building
owner and contractor. All contractors must be registered and bonded by the State of Minnesota
and licensed by the City.
Course of Construction Insurence: Participants will provide a Certificate of Insurance
evidencing liability insurance for the construction period in an amount and through a carrier
acceptable to the City, naming "City of Saint Paul" as an Additional Insured.
Property Insurence: Participants will provide a Certificate of Insurance, during the term of the
special assessment period, evidencing property coverage for "improvements" in an amount not
fess than the value of the improvements.
Disbursement of Funds: Prior to disbursement of funds, all completed work will be reviewed by
City staff and approved for compliance with applicabfe City rules. Once approved and the final
assessment is ratified by the City Council, the applicant will be reimbursed within thirty (30)
business days from date of approval.
AA-ADA-EEO EMPLOYER