HPC okays Archer House demolition; City attorney addresses ex parte communication

After an exhaustive conversation, the Northfield Historic Preservation Commission voted last night to issue a Certificate of Appropriateness to Rebound Partners, allowing for the demolition of the Historic Archer House River Inn. 

A year ago, the interior of the hotel was destroyed in a fire that began in a restaurant on the ground floor, and quickly spread into the walls. More than 2 million gallons of water was used over the next 24 hours to put the fire out. An extensive insurance investigation ensued over the winter and well into the spring, before what remained of the building was declared a total loss. Rebound Partners, the company that owns the building began applying for the permits to bring the structure down over the summer. Because the Archer House is listed as a contributing building in the City of Northfield’s Historic District, it was necessary to obtain the Certificate of Appropriateness from the Historic Preservation Commission. The commission first discussed the situation in October and asked Rebound to supply them with more information on whether the walls built in 1877 could be saved, and if that could be done for a reasonable sum. 

The HPC discussion last night was extensive and at times confusing. Commissioner Alice Thomas proposed that the building be torn down and rebuilt to its exact original specifications. Assistant City Attorney Robert Scott explained that, while the resolution to issue the COA could be amended and reasonable conditions could be added, the commission has no power to dictate exactly what is built on the site after the Archer House is torn down. 

Thomas next moved for an amendment to the motion allowing for the demolition of everything on the site, with the exception of the original south and east facing walls that were built in 1877. The commission then debated the value of the two walls, which would have had to have been worked into the design of the next building. While the walls would have limited what can be put on that site, the question was would the existence of those two walls contribute enough historic value to be worth the cost and limitations they would cause. 

In the end, the commission voted to allow for a complete demolition by a vote of 5-2. 

Rebound Partners will now begin the process of bringing the building down. Rebound spokespeople have said the company would like to proceed as soon as possible. 

 

Council hears from city attorney on ex parte communication 

On Tuesday night at the city council’s regular meeting, city attorney Chris Hood made a presentation about ex-parte communications, and the legal ramifications for elected and appointed officials who stray outside of some parameters that can be vague and difficult to recognize. 

The presentation came following a detailed memo Hood recently prepared for the city. Ex-parte communication is defined as any communication, written or spoken, that seeks to influence a decision when one party is present, but the other is not, or is “underrepresented.” Hood said ex-parte gives the appearance, real or imagined, of a decision being one-sided, biased, or prejudiced and therefore precludes proper due process.  

He said this issue only applies to any government body when they are acting in a quasi-judicial role, most notably the City Council, the Planning Commission and the Heritage Preservation Commission.  Questions have arisen from the public about conflicts of interest, and what exactly constitutes ex-parte communication. There has even been public questioning of Hood’s memo, which some have interpreted to mean that no elected or appointed official can speak to the public on any issue, which Hood said is a strong misinterpretation. 

Mayor Rhonda Pownell said that in the thirteen years she has either sat on the council or been mayor, quasi-judicial proceedings have been limited until very recently, and she added that there has not been much training in the matter. Hood agreed and pointed out that it had most likely been a decade since any full ex-parte training had been presented to the council and the boards and commissions. 

City Administrator Ben Martig said the city does not have an explicit ex-parte policy, and the council clearly recognizes that this could become an issue. 

“We don’t have a policy on it currently, so that’s part of it, too. We definitely need to look at training long-term, and also, I think the council had some interest to be exploring a policy development related to this issue as well.” 

Complicating the matter is a lack of uniformity in the codes and by-laws of the individual boards and commissions and the council. Councilor Suzie Nakasian, citing a recent example in Edina, advocated that a uniform code should be developed that would apply to all bodies within the city government. While such an overhaul would require a great amount of time and work, the idea was met with general approval. Mayor Pownell agreed saying that there are changing factors within the city, and the council, the boards and commissions, and city staff must adapt to those changes. 

Jeff Johnson’s full conversation with City Administrator Ben Martig and Mayor Rhonda Pownell can be heard here 

 

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