Faced with concerns from the city counselor's office, Jefferson City's Historic Preservation Commission will hold a special meeting at 6 p.m. Feb. 21 to work jointly with the legal staff in finalizing a demolition ordinance proposal.
This project began more than a year ago with the Historic City of Jefferson's proposed revisions to the existing historic preservation ordinance.
After public hearings and further discussion, a subcommittee formed about six months ago. Taking many of the ideas from the original document, they developed an addition rather than altering the existing ordinance.
The proposal would apply within what would be the "Historic Preservation Commission Boundary." It includes properties roughly from Warwick Village to Belair Street and the Missouri River to Dix Road.
Within this area, the commission's proposal would require property owners applying for a demolition permit to pay a higher application fee and submit more information than currently required.
The commission also would like to expand the demolition application notification process inside this boundary, similar to what the Planning and Zoning Commission uses, by placing a notice in the newspaper, posting a sign on the property and mailing notices to neighbors within 185 feet.
The proposal would create a stronger resistance for the commission and an appeals process for the property owner, if denial of a demolition permit were recommended. The commission also would like to increase fines and consequences for property owners who disobey the city procedures.
The subcommittee reviewed dozens of similar city ordinances and professional articles on developing such municipal codes, member Terri Rademan said.
At Tuesday's commission meeting, they learned the legal staff's concerns from assistant city counselor Bryan Wolford.
The primary concern was wording that could put the city at risk of a lawsuit.
Although some of the proposed wording has been on the books in other cities and unchallenged, the concern was the possibility, Wolford said.
For example, the commission's proposal suggests a property owner who violates the city demolition application process would not be allowed to receive any city permit for two years. Likewise, the property where the demolition took place could not be built on during that time frame.
The city of Columbia has a similar policy for a five-year window. However, Wolford said that could be defined as "taking" of a citizen's constitutional rights.
The commission also proposed City Council review any demolition applications recommended to be denied. Wolford preferred that the Planning and Protective Services director could make the determination.
City Councilman Laura Ward supported the commission's opinion for the next level of review.
"The City Council is an elected body; we're here to hear what the citizens want," Ward said. "I don't want to be taken out of the process. This is bigger than one administrative personnel."
In other business, the commission:
Released for demolition 304 Fillmore St., owned by River City Habitat for Humanity.
Released for demolition 408 Lafayette St., owned by the city.
Noted the deadline for 2017 Landmark Award applications is Feb. 28. Currently, the commission has received only one application.