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HomeMy WebLinkAbout2010-03-18 HPC Packet MAPLEWOOD HISTORIC PRESERVATION COMMISSION COUNCIL CHAMBERS - CITY HALL March 18, 2010 - 7:00 P.M. 1. Call to Order 2. Roll Call 3. Approval of Agenda 4. Approval of Minutes a. February 18, 2010 5. Chair Opening Statements/Presentations 6. Visitor Presentations 7. Old Business a. Create Heritage Award - Discussion Only 8. New Business a. Minor Building Project Review-Bruentrup Heritage Farm 9. Commission Presentations 10. Staff Presentations a. Amendment to Historical Preservation Commission Ordinance to Obtain Certified Local Government Status 11. Adjournment NOTE: There may be a quorum of the Historical Preservation Commissioners in attendance at the Mapiewood Area Historical Society quilting bee on March 20, 2010 at 10 a.m. to 2 p.m. The Maplewood Area Historical Society quilting bee is held at the Bruentrup Heritage Farm, 2170 County Road D, Maplewood. There may be a quorum of the Historical Preservation Commissioners in attendance at the Maplewood Area Historical Society meeting on April 14, 2010 at 7 p.m. The Maplewood Area Historical Society meetings are held at the Bruentrup Heritage Farm, 2170 County Road D, Maplewood. MAPLEWOOD HISTORIC PRESERVATION COMMISSION COUNCIL CHAMBERS - CITY HALL February 18, 2010 -7:00 P.M. 1. Call to Order -7:00 p.m. 2. Roll Call Present: Chair Ron Cockriel, Vice-Chair Richard Currie, Commissioners Lu Aurelius, Pete Boulay, AI Galbraith, Liaison Dave Fisher, Recorder Lois Behm Absent: Caleb Anderson, Robert Creager 3. Approval of Agenda Richard added Ramsey County Information to Commissioner Presentations Ron added Historical Society Update to Commissioner Presentations Richard moved to approve the AQenda as amended, AI seconded, Aves - All. 4. Approval of Minutes Pete moved to approve the January 21, 2010 minutes as presented, Richard seconded. Aves - All. 5. Chair Opening Statements/Presentations - None 6. Visitor Presentations - None 7. Old Business a. HPC 2009 Proposed Annual Report Dave commented on the staff report summarizing the status of the 2009 Proposed Goals and creating the draft Annual Report. He stated he believes the Commmission did quite a lot last year, and wants the members to review the report and see if he overlooked anything. Lois noted that the list of activities should include not only the Historical Society's Spring Tea but also their Holiday Tea. Richard moved to approve the draft Annual Report as amended, Pete seconded. Aves - All b. HPC 2010 Proposed Goals Dave reported he had assembled the list of goals from what was mentioned at the January meeting and asked if there were any others the Commissioners wanted to add. He also said one of the goals mentioned was getting a link set up from the City web site to the Maplewood, and Minnesota historical societies. He went ahead and had that done and said that, if there are other public entities that should be included, let him know and he will have them added. Ron asked Lu if the Ramsey County Historical Society has a web site. She responded that they have a research center on the lower level of the Landmark Center which they are expanding and have a web site which is available for research. Richard said the web address is www.rchs.com Lu added that their e-mail isinfo\alrchs.com Richard suggested that Item 1 should be "Continue a historical survey. . ." rather than "Complete a historical survey. . ." because it needs to be an ongoing project. Pete said #9 should be changed to "books and articles" as there are very few books available. Ron suggested making it "books, articles and other media" to include filmed material as well. Ron referred to the discussion during the January meeting about photographic records of sites and/or structures which have been demolished or destroyed and asked if there was any further information about accomplishing that. Dave responded that he has discussed that with the department and they now have that as a policy whereby, when an owner or contractor comes in for a demo permit, the applicant has to take a picture of it and submit it as part of the application before the permit will be approved. An electronic file would be preferred but if a photo is brought in it can be scanned and retained that way. That became #10 on the goals list. Pete suggested copies of those files could be retrieved on an annual basis and preserved with the Historical Society. Ron reviewed the balance of the list of goals for possible additional changes and suggested the first goal to be addressed might be the "Maplewood Award" and get it set up. Discussion followed about the process and it was agreed to have that on the March meeting agenda. The goal of bringing speakers to meetings was discussed and all members are to work on identifying and inviting them. Goal #11 will be to continue working with the Maplewood Area Historical Society to attain mutual goals. Richard moved approval of the 2010 Qoals as discussed and present them to the City Council, Lu seconded the motion. Aves - All. 8. New Business - None 9. Commission Presentations a. Ramsey County Information Richard announced that the Ramsey County Historical Society will be presenting LeQend of the Black Baseball LeaQue on Thursday, February 25th. Go to www.rchs.com for additional information. AI asked if there was anything new regarding Keller Golf Course. Ron responded that as far as he or staff knew, there is nothing new at this time. Pete said that, regarding the books referred to in #9, he is working on making sure all the relative books are available at the Library. One of them is "Maplewood Oral History Project" created by Mounds Park Academy in 1984, as well as others about Roseville, Little Canada and North St. Paul, "Heritage Trees of Maplewood" by Joe Quick in 1999, (Ron added there is also a video about the heritage trees that was made for the City's 50U'anniversary), "Wood stoves to Astronauts" by a longtime Maplewood teacher, "Lost City of Gladstone" by Pete Boulay, "Ramsey County's Forgotten Cemetery" and numerous magazine, newspaper and government publication articles. There were also several newsletters published by various neighborhood or community clubs which no longer exist, and many of those old newsletters can still be found. b. Historical Society Update The Quilting Bee will be March 20th - Google 'Maplewood Area Historical Society' for the web site to get more information. 10. Staff Presentations a. Update about Local Government Certification Status & Amendment to the HPC Ordinance - Citv Council Workshop March 8. 2009 Dave announced the Proposed Amended Ordinance and status of the Certified Local Government plan will be discussed at the City Council Workshop on March 22, insteaad of the previously planned March 8. All Commissioners are invited to be there. Ron asked if the report will be available to the Commissioners at the next meeting. Dave responded that it should be. 11. Adjournment - 7:59 p.m. MEMORANDUM TO: FROM: SUBJECT: LOCATION: DATE: James Antonen, City Manager David Fisher, Building Official Minor Building Project Review-Bruentrup Heritage Farm 2170 County Road D East March 10, 2010 INTRODUCTION The Bruentrup farm buildings were relocated from White Bear Avenue to a 2.36 acre site within the Prairie Farm Neighborhood Preserve in 1999. On June 14, 1999, the city council approved a conditional use permit (CUP) for the Maplewood Area Historical Society to operate the farm on the site as a historical, educational, and interpretive center. Since that time MAHS has leased the land from the city for this purpose. BACKGROUND May 24, 1999: The city council moved to support the relocation of the Bruentrup Heritage Farm buildings to the 23-acre open space site on County Road D. June 14, 1999: The city council approved a CUP for a "public facility" to be located within the Prairie Farm Neighborhood Preserve and a code waiver to allow the public facility to operate without the required paved parking lot. July 8, 2002: The city council approved a CUP revision to allow the construction of a parking lot on the east side of the site within the Prairie Farm Neighborhood Preserve. February 22, 2010: The city council approved a CUP review to allow a state licensed caterer and a city liquor license at the Bruentrup Heritage Farm for the Maplewood Area Historical Society's large events. DISCUSSION The Maplewood Area Historical Society is proposing to construct a 1,104 square foot accessory structure at the Bruentrup Farm located at 2170 County Road D. The accessory structure will serve as a machine shed. The shed will be built to match existing facilities on the site. The shed will be "barn red" with white trim and have a gray steel roof. The front of the shed will have five large steel doors. This building was included on the site plan approved by the city council on June 14, 1999. The accessory structure, as designed, will complement the farm and will ensure adequate storage and display facilities. This accessory structure meets the requirements of the CUP approved by the city council on June 14, 1999. RECOMMENDATION 1. Review plans, comment and approve the machine shed at the Bruentrup Heritage Farm. p:HPC FARMBruentrup Heritage Farm Machine Shed 03 11 10dgf Attachments: 1. Building Official plan review comments, dated March 9, 2010 2.15 day 2010 Bruentrup Heritage Farm Memorandum from Michael Martin, AICP, Planner 3. Site Plans (separate attachment) 4. Building Elevations (separate attachment) INSPECTION DEPARTMENT - PLAN REVIEW JOB NAME: Bruentrup Heritage Farm Machine Shed DATE: March 9, 2010 ADDRESS: 2170 County Road D East PERMIT: BL-10-25807 OWNER / TENANT: City of Maplewood / Maplewood Area Historical Society CONTACT: Bill Bruentrup PHONE: 651-426-4718 FAX: CONTACT: George Rossbach PHONE: 651-484-3081 CONTRACTOR: Maplewood Area Historical Society PHONE: FAX: PROPOSED USE: Machine shed garage & exhibits for public CERTIFICATE OF OCCUPANCY REQUIRED: Yes ARCHITECT SIGNATURE: No ENGINEER SIGNATURE: No ........................................................................................... . OCCUPANCY CLASSIFICATION PER 2006 IRC: U with possible museum a few times a year . TOTAL BUILDING: 1,104 Sq. Ft. . CONSTRUCTION TYPE PER 2006 IRC: V-N . NUMBER OF STORIES: 1 & HEIGHT: 15 FT to peak ALLOWABLE: Yes . SPRINKLER SYSTEM REQUIRED: No . OCCUPANT LOAD: 56 . DENSITY: 20 . NUMBER OF EXITS REQUIRED: 2 from each area with a minimum width of 32 inches The following plan review comments pertain to your construction documents submitted in application to construct a building and require a written response from the various design professionals to resolve code concerns: 1. All glass must comply with Chapter 24,2000 IBC for design loads and safety glazing. 2. Demonstrate accessible site approach compliance. 3. Trusses must be approved by a Minnesota registered structural engineer and have a 3rd party stamp on each member. Trusses shall be designed to carryall super- imposed loads including heating equipment. 4. Plan depicts 4" block on some areas. 4" block is not allowed, minimum 6" required. 5. Roof tie-downs required on all trusses. 6. Provide perimeter frost footings for landing. Also thresholds shall not exceed % inch in height above landings and floors. Bruentrup Farm Garage and Bathrooms 2170 County Road D East March 9, 2010 Page 2 of 2 7. Provide battery backup emergency lighting to activate in the event of a power failure. A minimum of one foot-candle at the floor. 8. Provide fire extinguishers per Fire Marshal. 9. Provide accessible hardware on all service doors within the scope of this project. 10. Provide an accessible route through building and around exhibits. 11. Demonstrate accessible site approach compliance. 12. Walls under 4 feet horizontally require an alternate bracing method. Demonstrate compliance. 13.Provide a 5 by 5 foot land at service door. Also thresholds shall not exceed % inch in height above landings and floors. 14. City-stamped copy of plans, permit and plan review must be kept on job site. 15.Permits are required for building, plumbing, mechanical, electrical, fire alarm and sprinklers. Inspection record card shall be kept on job site for inspector sign off. Plan Reviewed By: David Fisher Building Official Phone: 651-249-2320 MEMORANDUM FROM: SUBJECT: LOCATION: DATE: Mayor, City Council, Community Design Review Board, Historical Preservation Commission, City Manager, Building Official and Bill Bruentrup (applicant) Michael Martin, AICP, Planner Minor Building Project Review-Bruentrup Heritage Farm 2170 County Road D East March 10, 2010 TO: INTRODUCTION The Bruentrup farm buildings were relocated from White Bear Avenue to a 2.36 acre site within the Prairie Farm Neighborhood Preserve in 1999. On June 14,1999, the city council approved a conditional use permit (CUP) to the Maplewood Area Historical Society (MAHS) to operate the farm on the site as a historical, educational, and interpretive center. Since that time MAHS has leased the land from the city for this purpose. CODE REQUIREMENT City code allows staff to approve minor exterior building projects on projects that the community design review board (CDRB) has not previously approved if the work is under $20,000. The proposed construction of the Bruentrup Farm accessory structure is under $20,000 and therefore can be handled administratively. BACKGROUND May 24, 1999: The city council moved to support the relocation of the Bruentrup Heritage Farm buildings to the 23-acre open space site on County Road D. June 14, 1999: The city council approved a CUP for a "public facility" to be located within the Prairie Farm Neighborhood Preserve and a code waiver to allow the public facility to operate without the required paved parking lot. July 8, 2002: The city council approved a CUP revision to allow the construction of a parking lot on the east side of the site within the Prairie Farm Neighborhood Preserve. DISCUSSION The MAHS is proposing to construct a 1,104 square foot accessory structure at the Bruentrup Farm located at 2170 County Road D. The accessory structure will serve as a machine shed. The shed will be built to match existing facilities on the site. The shed will be "barn red" with white trim and have a gray steel roof. The front of the shed will have five large steel doors. This building was included on the site plan approved by the city council on June 14,1999. The accessory structure, as designed, will complement the farm and will ensure adequate storage and display facilities. This accessory structure meets the requirements of the CUP approved by the city council on June 14, 1999. CONDITIONS OF APPROVAL 1. Meet all the conditions and changes as may be required by the city engineering department. 2. The project shall meet all the requirements of the city fire marshal. 3. The city will require a building permit for this project. (As noted by David Fisher, the 2000 IBC will apply to this project.) The project shall meet all the conditions of approval and changes required by David Fisher, Maplewood Building Official, as noted in his memo dated March 9, 2010, and any other conditions that the building inspection department deems necessary when they do the final review of the project plans. APPEAL City code allows the city council and CDRB 15 days in which to appeal an administrative minor building project review. Please contact me by March 25, 2009, to begin an appeal. If I receive an appeal, I will schedule this item for review by the CDRB. I can be reached by phone at 651-249-2303 or by email atmichael.martin((Y.cLmaplewood.mn.us. p:15day\2010\Bruentrup Heritage Farm Machine Shed_030810mm Attachments: 1. Building Official David Fisher's comments, dated March 9, 2010 2. Location Map 3. Site Plans (separate attachment) 4. Building Elevations (separate attachment) 2 MEMORANDUM DATE: James Antonen, City Manager DuWayne Konewko, Community Development and Parks Director David Fisher, Building Official Amendment to Historical Preservation Commission Ordinance to Obtain Certified Local Government Status March 11, 2010 for the March 22, 2010 City Council Workshop TO: FROM: SUBJECT: INTRODUCTION Over the past year the Historical Pres.ervation Commission (HPC) has been reviewing the Historical Preservation Commission ordinance so the city can achieve Certified Local Government Status (CLGS). This program seeks to encourage and expand local involvement in preservation issues through a partnership between the city and the State Historical Preservation Society. The purpose is to strengthen existing local preservation programs and promote the development of new programs. Cities that have CLGS are eligible to apply annually for grants administered through the State Historical Preservation Society from a designated federal pass- through allocation. The CLGS requires five broad federal standards, all of which must be met by the city seeking certification and are amplified by specific Minnesota CLGS requirements as follows: The city must adopt a heritage preservation ordinance. The ordinance must meet the state and federal requirements for designation, identification and registration of protected historical properties. In addition the ordinance requires a clear defined process for the designation and protection of properties identified. The city must establish an historical preservation commission. Maplewood has an HPC. The city must maintain a survey for the survey and inventory of historical properties. There are two properties that meet the criteria, the Ramsey County Poor Farm and the Bruentrup Heritage Farm. The city shall provide for adequate public participation in local historic preservation programs, including the process of recommending properties for nomination to the National Register. The city is required to provide an annual report to the Minnesota Society Preservation Office each year that will include the following: o Number, names and dates of local designations made during the year. o Number of building permits reviewed by the HPC during the year. o Provide a list of Historical Preservation Commissioners and their contact information. o Listing of National Register nominations on which the HPC has commented and submitted during the year. o Provide a summary of available inventory. o Provide a record that assures the HPC has had public participation. o Provide a description of activities, publications or events undertaken by the HPC during the previous year and planned by the HPC for the coming year. o The HPC must demonstrate an ongoing process of local designation with a minimum of one designation per year or provide an explanation. o Keep an inventory that is clear and organized and accessible to the public. 1 o At least one member of the HPC must attend the State Historical Preservation Office training each year. BACKGROUND The current HPC ordinance was adopted by the city council on December 22, 2003. The HPC was established as an independent advisory commission to the city council. The ordinance states that the city will engage in a comprehensive program of historic preservation and promote the use and conservation of historic properties for the education, inspiration, pleasure and enrichment of the citizens of this area. The purpose of the commission is to provide the opportunity for the citizens to preserve and promote its historic resources through the dissemination of knowledge about the area's history. DISCUSSION In 2009 and 2010 the number one goal of the HPC has been to obtain CLGS. The HPC's strategy was to first amend the existing ordinance to ensure the commission would have oversight of historical sites in the city. This will give the HPC the process to make recommendations to the city council on historical sites and Maplewood's heritage. On July 16, 2009, the HPC reviewed the city's current HPC ordinance and three other communities historical ordinances, the City of Northfield, the City of Cottage Grove and the City of Elk River. The HPC requested staff to provide amendments to our ordinance and have the Minnesota Historical Preservation Society review the amendments to ensure they meet the CLGS requirements. The comments from Mike Koop of the Minnesota Historical Preservation Society were to change the HPC name, from the Historical Preservation Commission to the Heritage Preservation Commission, in order to be consistent with other cities and to be more encompassing. The HPC recommended the name change as part of the amended ordinance. In addition, Mr. Koop recommended adding definitions to the terms - new, move a buildinq, excavation. demolition and remodel in the amended ordinance. The ordinance was also changed to require all new commissioners to be interviewed and appointed by the city council to be consistent with the new commission handbook. On October 15, 2009 the HPC moved to bring the draft amended HPC ordinance to the city council and send a survey to 23 of the most significant historic properties. The results of the survey were discussed at the November 19, 2009 HPC meeting. Staff reported the following results: Two in writing do not support the HPC amended ordinance. Three came back unopened return to sender. One phone call with concern about how this will affect their property. One e-mail with concern about building permits and how the amended HPC ordinance may limit property owners in remodeling or new construction. The HPC requested staff to follow up with Mr. Koop. Ask him if the amended HPC ordinance was reduced or less restrictive and verify how this would affect obtaining CLGS. Staff reported back to the HPC that Mr. Koop commented that many cities do not have the CLGS and still have an HPC ordinance. The HPC recommended keeping the amended HPC ordinance as written. The amended HPC ordinance will only affect two properties at this time in the City of 2 Maplewood, the Bruentrup Heritage Farm and the Ramsey County Poor Farm Barn. The HPC recommended bringing the draft HPC amended ordinance to the city council. RECOMMENDATIONS 1. Review the proposed amended draft to the Historical Preservation ordinance by the HPC. 2. Give direction on the next steps for review of the amended draft HPC ordinance such as proceeding to a city council meeting for first reading of the ordinance, additional public notifications, or further review by the HPC. P:lcom-devlordIHPCIHPCI3-22-10 City Council Workshop Attachments: 1. HPC 845 Ordinance 2. Draft amended HPC Ordinance J 3. HPC c1gprocedures PDF 3 ORDINANCE 845 ORDINANCE FOR MAPLEWOOD HISTORICAL PRESERVATION COMMISSION THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREIN ORDAIN: Article IV. Secs. 2-87 to 2-99 is hereby added to read as follows: DIVISION 4. HISTORICAL PRESERVATION COMMISSION ("Commission") Section 2-87. Autl10rity for Establishment There is hereby established for the City a Historical Preservation Commission as an independent board to the City Council, as provided in Minnesota Statutes Annotated Sections 471.193 and 138.51. Section 2-88. Statement of public policy and purpose. It is hereby declared by the City Council that it is the public policy of the City to engage in a comprehensive program of historic preservation and to promote the use and conservation of historic properties for the education, inspiration, pleasure and enrichment of the citizens of this Area. The purpose of this division creating the Commission is to secure for all citizens of Maplewood the opportunity to preserve and promote its historic resources through the dissemination of knowledge about the area's history. Section 2-89. Advisory body. All actions of the Commission shall be in the nature of recommendations to the City Council, and said Commission shall have no final authority with reference to any matters, except as the Council may lawfully delegate authority to it. Section 2-90. Composition; Appointment; Qualifications; Terms. (a) The Historical Commission shall be composed of 7 members appointed by the City Council, who shall be residents of the City, and shall be selected to assure that the Commission is representative of the various areas of the City and responsive to the needs of the people. Commission membership shall be drawn from persons with demonstrated interest and/or expertise in historic preservation. If available in the community, at least two members of the Commission shall be preservation-related professionals (including the professions of history, architecture, architectural history, archeology, planning, real estate, design, building trades, landscape architecture, or law). If available, one member of the Commission must be a designated representative of the Ramsey County Historical Society, or the City will pay for a membership for the Commission Chairperson. Specific disciplines and professional qualifications must be represented on the Commission (or professional expertise must be sought) when the Commission is considering nominations to the National Register of Historic Places (see Section X=XX, part x, for the nomination process) and other actions that will impact properties which are normally evaluated by a professional in such a discipline. The City of Maplewood will advertise for nominations to fill vacancies on the Commission. The Commission members will interview nominees and recommend new members to the City Council based on the following factors: (1) interest and/or experience in history and historic preservation; (2) if possible, a resident from an area of the city (West, North/Central, South) that has a vacancy on the Commission; otherwise, an "at large" member; (3) if possible, a resident who represents specific disciplines or professional qualifications (as noted above) if such vacancies exist on the Commission. The unexpired portion of the year in which appointments are made shall be considered as one year. All terms shall expire on December 31 of the year in which the appointment terminates. As the terms expire, all appointments thereafter shall be for a term of 3 years. After the terms of the current members expire, all appointments and reappointments shall be three- year appointments; Section. 2-91. Officers Generally. The chairperson and vice-chairperson of the Commission shall be elected by the Commission at the first meeting in January of each year from among the members of the Commission. The Chairperson shall be responsible for calling and presiding over all meetings and shall be entitled to an equal vote with other members of the Commission. If the Chairperson is unable to attend a meeting, the vice-chairperson shall conduct the meeting. Passed by the Maplewood City Council December 22, 2003. HISTORICAL ORDINANCE AMENDMENT REV October 19, 2009 DRAFT AMENDMENT ORDINANCE NO. AN ORDINANCE AMENDING THE MAPLEWOOD HISTORICAL HER/TAGE PRESERVATION COMMISSION The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment revises Sections 2-87 to 2-91 (Historical Heritaqe Preservation Commission) (additions are underlined and deletions are stricken): DIVISION 4. HISTORICAL HERITAGE PRESERVATION COMMISSION ("Commission") Section 2-87 Authority for Establishment. There is hereby established for the City a Historical Heritaqe Preservation Commission as an independent board to the City Council, as provided in Minnesota Statutes Annotated Sections 471.193 and 138.51. Section 2-88. Statement of public policy and purpose. The City Council herebv declares as a matter of public policy that the protection, preservation. perpetuation and use of places, areas, buildinqs, structures and other obiects havinQ a special historical. community or aesthetic interest or value is a public necessity and is required in the interest of the people. The purpose of this Chapter is to: ill SafeQuard the cultural resources of the City bv preservinq sites, structures. districts and landmarks which reflect elements of the City's cultural. social. economic. political or architectural history; ilil Protect and enhance the City's attractions to residents and visitors; i9. Foster civic pride in the beauty and notable achievements of the pas!: fill Enhance the visual and aesthetic character, diversity and interest of the City; and ~ Promote the use and preservation of historic sites and landmarks for the education and Qeneral welfare of the people of the City. Section 2-89. Advisory body. All actions of the Commission shall be in the nature of recommendations to the City 1 Council, and said Commission shall have no final authority with reference to any matters, except as the Council may lawfully delegate authority to it. Section 2-90. Composition; Appointment; Qualifications; Terms. (a) The Historic:lI Heritaqe Commission shall be composed of seven (7) members appointed by the City Council, who shall be residents of the City, and shall be selected to assure that the Commission is representative of the various areas of the City and responsive to the needs of the people. (b) Commission membership shall be drawn from persons with demonstrated interest and/or expertise in historic preservation. If available in the community, at least two members of the Commission shall be preservation-related professionals (including the professions of history, architecture, architectural history, archeology, planning, real estate, design, building trades, landscape architecture, or law). A member of the Maplewood HPC is required to be a representative to the Ramsey County Historical Society, the City will pay for the membership of the Commission Chairperson or desiQnee. (c) Specific disciplines and professional qualifications must be represented on the Commission (or professional expertise must be sought) when the Commission is considering nominations to the National Register of Historic Places and other actions that will impact properties which are normally evaluated by a professional in such a discipline. (d) The City of Maplewood will advertise for nominations to fill vacancies on the Commission. The City Council will interview nominees on the following factors: (1) Interest and/or experience in history and historic preservation; (2) !f possible, a resident from an area of the city (West, North/Central, South) that has a vacancy on the Commission; otherwise, an "at large" member; (3) !f possible, a resident who represents specific disciplines or professional qualifications (as noted above) if such vacancies exist on the Commission. (e) The unexpired portion of the year in which appointments are made shall be considered as one year. All terms shall expire on December 31 of the year in which the appointment terminates. As the terms expire, all appointments thereafter shall be for a term of 3 years. After the terms of the current members expire, all appointments and reappointments shall be three-year appointments. Section 2-91. Officers Generally. 2 The chairperson and vice-chairperson of the Commission shall be elected by the Commission at the first meeting in January of each year from among the members of the Commission. The Chairperson shall be responsible for calling and presiding over all meetings and shall be entitled to an equal vote with other members of the Commission. If the Chairperson is unable to attend a meeting, the vice-chairperson shall conduct the meeting. Section 2-92. Desiqnation of historic sites and landmarks. @} Procedures: The City Council. upon the request of the Commission, may by resolution desiqnate an historic site. landmark, or district. Prior to such desiqnation, the city council shall hold a public hearinq. notice of which shall be published at least ten (10) days prior to the date of the hearinQ. Notice of the hearinq shall also be mailed to all owners of property which is proposed to be desiQnated as an historic site. landmark or district and to all property owners within five hundred (500) feet of the boundary of the area to be desiQnated. Every nomination shall be forwarded to the Minnesota Historical Society for review and comment within sixty (60) days of the Commission's request. f.Ql EliQibility criteria: In considerinQ the desiQnation of any area, site. place, district. buildinq or structure in the city as an historic site. landmark. or district the Commission shall consider the followinq factors with respect to eliQibility: ill Its character. interest or value as part of the history or cultural heritaqe of the City, the State or the United States: ill Its association with persons or events that have made a siQnificant contribution to the cultural heritaQe of the City: rn Its potential to yield information important in history or prehistory: ill Its embodiment of distinQuishinQ characteristics of architectural type or style, or elements of desiQn, detail materials or craftsmanship; and @ Its unique location or sinQular physical appearance representinq an established or familiar visual feature of a neiqhborhood or community of the City. Section 2-93. Alterations to landmarks, sites or districts: review. @} Review and recommendations Qenerally: The Commission shall review and make recommendations to the Council concerninQ proposed alterations to an historic site. landmark or district. f.Ql Land use permit: Everv application for a land use permit which may result in the alteration of a desiqnated historic site. landmark or district in the City shall be 3 reviewed by the Commission: thereafter, the Commission shall make a recommendation and mav recommend conditions reqardin!=l approval to the City Council concernino the proposed permit. {Q} Other buildinq permits: The Commission shall review and make recommendations to the Council concerninq the issuance of buildino permits to do any of the followino in a historic district or State desionated historic site: (1) New construction - New buildino or new addition to an existino buildinq (2) Remodel - Alter, chanoe or modify buildino or site (3) Move a buildino - Buildino or structure moved into the city. (4) Excavation - Diq out materials from the qround. (5) Demolition - Destrov, remove or raze - completely tear down @ Factors considered: The Commission. upon receipt of the permit application and plans, shall determine if the work to be performed adversely affects the desionated historic site. landmark or district. In determinino whether or not there is an adverse effect to the historic site, landmark, or district the Commission shall consider the followinq factors: ill Whether the work will siqnificantly alter the appearance of the buildinq or structure so as to remove the features which distinouish the historic site, landmark or district as a sionificant cultural resource. ill Whether the use of the property will destrov. disturb or endanqer a known or suspected archaeolooical feature site. {ill Standards and ouidelines: The Comprehensive Cultural Resource Manaoement Plan adopted by the City shall be the authoritative quide to reviewino permits in relation to desiqnated historic sites. landmarks and historic districts. The Secretary of the Interior's Standards for the Treatment of historic p(Qpertv. Web link: http://www.nps.aov/historv/hps/tps/standauidel ill Appeals: Any party aoorieved by a decision of the Commission shall within ten (10) days of the Commission's action approvinq or denyinq the issuance of a buildino permit within a historic district have a rioht to appeal such decision to the City Council. The Commission in denyinq a buildino permit shall advise the applicant of his/her rioht to appeal to the City Council. The aqqrieved party shall file with the Buildino Official a written notice reouestino Council review of the action taken by the Commission. Section 2-94. Maintenance of records and documents. The Commission shall conduct a continuinq survev of cultural resources in the City which the Commission has reason to believe are or will be elioible for desionation as historic sites, landmarks or districts. The Commission shall also 4 prepare and maintain a Comprehensive map and survev. {ill Reoister of Historic Sites and Landmarks: The City shall maintain a reoister of historic sites and landmarks. ilil Repositorv for Documents: The office of the Buildino Official is desiqnated at the repository for all studies, surveys. reports. proqrams, and desionations of historic sites and landmarks. Section 2-95. Violation. It shall be a misdemeanor to alter. disturb, deface or materially chanqe the appearance or use of a desiqnated historic site, landmark. or district without a permit. Section 2. This ordinance shall take effect after the city publishes it in the official newspaper. This Historical Preservation Commission recommended approval of this ordinance on The City Council approved this ordinance on Mayor Attest: City Clerk P:Ord\HPC Historical Ordinance Amendment Rev March 11 2010 CC dgf 5 MINNESOT A CERTIFIED LOCAL GOVERNMENT PROCEDURES MANUAL 11 MINNESOTA HISTORICAL SOCIETY STATE HISTORIC PRESERVATION OFFICE 345 KELLOGG BOULEVARD WEST SAINT PAUL. MINNESOTA 55102-1906 651/296-5451 www.mnhs.org SEPTEMBER 2002 TABLE OF CONTENTS Introduction 2 I. Purpose of the CLG Program 2 II. Eligibility 3 III. Requirements for Certification of Local Governments 3 IV. Process for Certification of CLGs 9 V. Process for Monitoring and Decertifying CLGs 10 VI. Process for Allocating CLG Grant Pass-Through Funds to CLGs 10 Appendix A - Federal Professional Qualifications Standards 12 Appendix B - Minnesota Statutes 471.193 14 Appendix C - Secretary of the Interior's Standards for Treatment of Historic Properties 16 Appendix D - Model Local Government Certification Agreement 17 Upon request, this publication can be made available in altemative formats - audiotape, large print, or computer disk. This program receives Federal funds from the National Park Service. Under Title IV of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, the U.S. Department of the Interior strictly prohibits discrimination on the basis of race, color, national origin, or disability in its federally assisted programs. If you believe you have been discriminated against in any program, activity, or facility operated by a recipient of federal assistance, or if you desire further information, please write to: Director. Equal Opportunity Program, U.S. Dept. of the Interior, National Park Service, P.O. Box 37127, Washington, D.C. 20013-7127. Minnesota CLG Procedures Manual, page I State Historic Preservation Office Issued September 2002 INTRODUCTION Since its initial enactment in 1966 and through several amendments, the National Historic Preservation Act, as amended (16 D.S.C. 470 et seq.), has provided the statutory framework for the national historic preservation partnership. Federal, State, Tribal and local governments have well-defined and significant roles in the identification, evaluation, designation and protection of historic and prehistoric properties. The State Historic Preservation Office (SHPO) develops and administers a comprehensive preservation program which in Minnesota, is housed at the Minnesota Historical Society. The success of the federal-state relationship prompted Congress to expand the partnership to include local governments in 1980. Local units of government were given the opportunity to participate in the national preservation program by becoming a Certified Local Government (CLG). The role of CLGs in the partnership includes the responsibilities of administering local preservation ordinances, maintaining systems for survey of historic resources, and participating in the National Register of Historic Places program. In order to become certified, a local government must meet several requirements, chief of which are to have enacted an historic preservation ordinance and appointed a qualified Heritage Preservation Commission (HPC). The federal act directs the State Historic Preservation Officer (SHPO) and the Secretary of the Interior to certify local governments to participate in the partnership. The Certified Local Government program is the primary way through which qualified and interested local governments participate in the national historic preservation partnership. This handbook describes how the CLG program operates in Minnesota. I. PURPOSE OF THE CLG PROGRAM The CLG program seeks to encourage and expand local involvement in preservation issues through a partnership between the CLG and the SHPO. To strengthen existing local preservation programs and to promote the development of new ones, CLGs are eligible to apply annually for grants administered by the SHPO from a designated federal CLG pass-through allocation (see Section VI. Process for Allocating CLG Grant Pass-Through Funds to CLGs). CLGs assume a leadership role by identifying, evaluating and protecting historic resources within their communities; receiving technical advisory services from the SHPO; and having a formal role in the National Register process. CLGs can choose to assume other responsibilities such as participating in the review of federal projects, reviewing state tax credit projects and administering covenants. The primary goal of participating in the CLG program is to strengthen the historic preservation program at the local level. The CLG program ensures that historic preservation issues are understood and addressed at the local level and are integrated into the local planning and decision-making process at the earliest possible opportunity. Historic preservation should be considered equally with other planning issues in a CLG and not be viewed as superfluous to decision-making. CLG status can bring pride and official recognition to a community that is committed to historic preservation. Minnesota CLG Procedures Manual, page 2 State Historic Preservation Office Issued September 2002 II. ELIGIBILITY Any general purpose subdivision of the state, such as a city, town or county, which meets the criteria set forth in this document is eligible to apply for certification. III. REQUIREMENTS FOR CERTIFICATION OF LOCAL GOVERNMENTS Five broad federal standards, all of which must be met by a local government seeking certification, are amplified by the specific Minnesota CLG requirements. A. The local government must enforce appropriate state or local legislation for the designation and protection of historic properties. 1. The local government must adopt a municipal heritage preservation ordinance under the provisions of Minnesota Statutes 471.193 (Appendix B). The purpose of the ordinance must be clearly stated and be in conformance with definitions set forth in Section 101 (c) (4) of the National Historic Preservation Act, as amended, and 36 CFR 61.6. For the purpose of the CLG program, the Act defines: "Designation" as "the identification and registration of properties for protection that meet criteria established by the State or the locality for significant historic and pre- historic resources within the jurisdiction of a local government." Designation includes the identification and registration of resources according to State or local criteria which must be consistent with the Secretary of the Interior's Standards for Identification and Registration. "Protection" as "a local review process under State or local law for proposed demolition of, changes to, or other action that may affect historic properties designated pursuant to" a local government becoming a Certified Local Government. The CLG's local protection review process of the Act applies only to properties designated pursuant to State or local laws and procedures. This would not include properties listed on or determined eligible for the National Register of Historic Places unless such properties also were designated under the appropriate local process. 2. The ordinance must contain a clearly defined process for the survey, designation and protection of individual properties and/or districts of historic, architectural or archaeological significance. Both the criteria for determining significant properties and the procedure for designating those properties must be defined, either within the ordinance or in other procedures adopted by the local government. The process shall include forwarding all proposed designations to the Minnesota SHPO for comment before final local designation is made, pursuant to Minnesota Statutes 471.193 Subd. 6. Properties shall not be removed from designated status except in cases where there has been a procedural or professional error in the designation process or where the property has been destroyed or radically altered. The process for local designation must provide for public comment. Minnesota CLG Procedures Manual, page 3 State Historic Preservation Office Issued September 2002 3. The ordinance must contain a clearly defined process for the review of all proposed alterations, relocations, demolition, or new construction within the boundaries of locally designated properties ancllor districts. Both the criteria to be utilized in the evaluation of proposed actions and the procedure for reviewing those actions must be clearly stated, either within the ordinance or in other procedures adopted by the local government. The Secretary of the Interior's Standards for Treatment of Historic Properties should be utilized in developing the review criteria (Appendix C). The process of permit review must provide for public comment. 4. The HPC must adhere to Minnesota Statutes 138.17 and the procedures of the State Archives Department, Minnesota Historical Society regarding commission records (www .mnhs. org/preserve/records/infoleaf9. pdf). 5. Local governments should consult 36 CFR 67.8 to insure that local ordinances meet the certification criteria pursuant to the Economic Recovery Tax Act of 1981 and the Tax Reform Act of 1976. Note that certification of a local government under the CLG procedures does illlt constitute certification of a commission under the preservation tax incentives process. B. The local government mnst establish an adequate and qualified historic preservation commission by State or local legislation. 1. The local government shall create a heritage preservation commission (HPC) to carry out the provisions of the ordinance. 2. All commission members must have a demonstrated interest, competence or knowledge in historic preservation. If available in the community, at least two members of the HPC shall be drawn from professionals in architecture, history, architectural history, planning, prehistoric and historic archaeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines. Other related professions might include the building trades, real estate or law. For the purposes of commission membership as described in this section, the professional standards stipulated in Appendix A need not be met. One member of the HPC must be a designated representative of the county historical society in which the commission is located, if available, pursuant to the Minnesota Statutes, 471.193 Subd. 5. Specific disciplines and professional qualifications must be represented on the commission (or professional expertise must be sought) when considering National Register nominations (see III.BA.) and other actions that will impact properties which are normally evaluated by a professional in such a discipline. Minnesota CLG Procedures Manual, page 4 State Historic Preservation Office Issued September 2002 Regarding conflicts of interest, it is federal policy that no person shall participate in the selection, award, or administration of any HPF-assisted program activity, subgrant, contract, or subcontract if a conflict of interest, real or apparent, exists. By definition, "person" includes CLG commission members, agents, or staff. Commissions are encouraged to adopt procedures for a conflict of interest situation. The SHPO can provide examples of the conflict of interest statements used by its boards and committees. 3. The HPC shall meet as often as is necessary to complete the workload in a timely fashion. 4. The HPC's responsibilities regarding local designation of properties and building permit review are mentioned in III.A.2. and III.A.3. above. Federal law prescribes that the commission participate in the National Register nomination process as follows: a. Before a property within the jurisdiction of the Certified Local Government may be considered by the State to be nominated to the Keeper of the National Register for inclusion on the National Register, the SHPO shall notify the owner, the applicable chief local elected official, and the local HPc. The HPC, after reasonable opportunity for public comment, shall prepare a report as to whether or not such property, in its opinion, meets the criteria of the National Register. Within sixty days of notice from the SHPO, the chieflocal elected official shall transmit the report of the commission and his/her recommendation to the SHPO. Except as provided below, after receipt of such report and recommendation, or if no such report and recommendation are received within sixty days, the State shall make the nomination pursuant to established procedures. The state may expedite such process with the concurrence of the certified local government. If the HPC chooses to initiate the nomination of a property to the National Register and submits that nomination to the SHPO, the HPC may include the comments of the chieflocal elected official and the HPC with the initial submittal to the SHPO, along with a request that the 60 day comment period for CLGs be waived. In such cases, the SHPO will give the standard required 30 days notice to both the property owners (s) and the local government of the State Review Board meeting. The required 60 day CLG review period may thus be waived. b. If both the commission and the chief local elected official recommend that property not be nominated to the National Register, the SHPO shall take no further action, unless within thirty days of the receipt of such recommendation by the SHPO an appeal is filed with the State. If such an appeal is filed, the State shall follow the procedures for making nomination pursuant to established procedures. Any report and recommendations made under this section shall be included with any nomination submitted by the State to the Keeper of the National Register. Minnesota CLG Procedures Manual, page 5 State Historic Preservation Office Issued September 2002 properties that have been designated locally as well as those listed in the National Register of Historic Places. All surveys should be conducted according to the Guidelines for SHPO Architecture/History Projects. I. The local government must submit a copy of the local inventory form for each locally designated property and district to the SHPO. 2. The local government must advise the SHPO on the status of the local inventory on an annual basis (see E.2.e). 3. The local survey information submitted to the SHPO will be integrated into the statewide inventory. The SHPO may request additional survey and inventory data from the local government as part of the development of the state's comprehensive planning process. D. The local government shall provide for adequate public participation in local historic preservation programs, including the process of recommending properties for nomination to the National Register. I. All meetings of the commission shall adhere to the Minnesota Open Meeting Law (Minnesota Statutes 471.705). 2. All National Register nominations on which the commission chooses to comment (as outlined under II1.B.4. above) must be considered at an open meeting of the commission, with opportunity for public comment. 3. Both the local designation process and the building permit review process (see II1.A.2. and II1.A.3.) must contain a provision for public comment on proposed actions. 4. Minutes of all commission decisions and actions, including the reasons for making those decisions, must be kept on file and available for public inspection. E. The local government shall satisfactorily perform the responsibilities listed in points A-D above and those specifically delegated to it under the Act by the Minnesota SHPO. I. The local government will demonstrate performance of the responsibilities listed in points A-D in an annual report to be submitted to the SHPO by October 30 for each preceding year (October I - September 30). 2. This report must demonstrate an active commitment of the HPC to an effective community preservation program. It should contain, at minimum, the following information: a. Number, names, and dates of local designations made during the year. (Inventory forms on these sites should have been submitted to the SHPO during the year as part of the local designation process - see III.A.2.). Minnesota CLG Procedures Manual, page 7 State Historic Preservation Office Issued September 2002 c. All nominations, when sent by the SHPO to the CLG for comment, will be classified as primarily historic, archaeological, and/or architectural in nature. If an HPC does not have professional expertise in accordance with the necessary federal qualifications in the appropriate area(s)! (see Appendix A), the HPC can I) choose not to comment on that nomination through the CLG review process (in which case it should advise the SHPO of that choice), or 2) obtain the opinion(s) of a qualified professional or qualified professionals in the subject area and consider the opinion(s) in their recommendation. Under 2), both the credentials and the opinion(s) of the consulted professional(s) should be submitted to the SHPO with the CLG recommendation. Even if the HPC chooses not to comment under the CLG process outlined above (e.g., when professional expertise is not available), comments on a nomination may be submitted to the SHPO in as much as any interested party may submit comments. The provisions of3.b. above, however, would not apply in such cases. The SHPO can provide assistance in locating qualified professionals. 5. Federal guidelines also require that the unit of government and the HPC possess certain financial qualifications in order to receive federal pass-through funds. These will be explained in Section VI. 6. The functions of the HPC must be complimentary to and carried out in coordination with the responsibilities of the SHPO as defined in 36 CFR 61. 7. The SHPO shall make available to HPCs orientation materials and training workshops designed to provide a working knowledge of the roles and operations of federal, state and local preservation programs and historic preservation in generaL C. The local government must maintain a system for the survey and inventory of historic properties. The local government must maintain an ongoing process to survey and inventory all buildings, structures, sites and districts within the local jurisdiction. This survey information must be clearly organized and accessible to the public (excluding restrictions on locations of archaeological sites). The SHPO should be consulted in the initial development of such a system, and the inventory forms of the SHPO should be used or, alternatively, local inventory forms should be approved by the SHPO. The local inventory should clearly indicate those ! For an architectural nomination, the commission must have a member who qualifies under the federal architectural history or historic architecture standards. For a history nomination, the commission must have a member who qualifies under the federal history standards. For an archaeological nomination, the commission must have a member who qualifies under the federal archaeology standards. If a nomination is classified in more than one area, the commission must have expertise in all appropriate areas in order to comment through the CLG comment process. Minnesota CLG Procedures Manual, page 6 State Historic Preservation Office Issued September 2002 b. Number of building permits reviewed during the year, and a summary of findings ofthe HPC on those reviewed. c. Listing of members and officers of the HPC including preferred mailing address, phone number and e-mail address, resumes for any new members, and an indication of the commissioner who represents the county historical society. d. Listing of I) National Register nominations on which the HPC has commented, and 2) National Register nominations submitted to the State Historic Preservation Office for nomination, during the year. e. A summary of available inventory information currently included in the local in inventory. This might be done with a simple listing of inventoried property addresses. Maps and other material may also be useful. The location of the inventory records should also be indicated. f. Assurances that the HPC has adhered to I) the public participation provisions as stipulated under Section II1.D. and 2) the procedures of the State Archives Department, Minnesota Historical Society, regarding commission records. g. Descriptions of other activities, publications or events undertaken by the HPC during the previous year and planned by the HPC for the corning year. 3. The performance standards for the items listed in II1.E.2., above, will be as follows: a. The HPC must demonstrate an ongoing process of local designation with a mini- mum of one designation a year. (In situations where this may not be possible, as in very small cities where the entire area of jurisdiction is designated, the city should explain the reasons for a lack of action.) b. The HPC must show that all permits related to designated properties are being reviewed, according to the procedure set forth in the ordinance. c. The requirements of Section III.B.2 must be met. d. (No minimum.) e. The inventory should be shown to be clearly organized and accessible to the public. f. (No minimum.) g. (No minimum.) Minnesota CLG Procedures Manual, page 8 State Historic Preservation Office Issued September 2002 4. At least one member of the HPC must attend SHPO-sponsored training each year. (If attendance at a statewide workshop or conference is not possible, the SHPO should be consulted for an alternate means of meeting this training requirement.) Technical and other information for commissions is available from the SHPO. IV. PROCESS FOR CERTIFICATION OF LOCAL GOVERNMENTS A. The chief elected official of the local government shall request certificatiou from the Minnesota SHPO. The request for certification shall iuclude the following: 1. A copy of the local historic preservation ordinance. 2. Copies of local inventory forms for all sites and districts locally designated, and a summary of available inventory information on properties not locally designated (property addresses, maps, etc.). 3. Resumesfor each of the members of the historic preservation commission. These resumes must clearly show that all members have a demonstrated interest, competence or knowledge in historic preservation, and that at least two members are preservation- related professionals (see IILB.2.). (If these professionals are unavailable, an explanation should be attached.) The resumes should also indicate expertise in the areas of archi- tectural history, archaeology, and history, for the purpose of establishing expertise to review National Register nominations (see IILB.3.c.) B. SHPO and National Park Service Review The SHPO will respond to the chief elected official within 60 working days of the receipt of an adequately documented written request. If the local government meets the criteria for certification, the SHPO will prepare a written certification agreement that lists the specific responsibilities of the local government when certified and forward that agreement to the local government for signature (see Appendix D for model agreement). When the signed agreement is returned to the SHPO the request and agreement will then be forwarded to the National Park Service for review with a request for concurrence. If the NPS does not take exception to the request within 15 working days of receipt, the local government shall be regarded as Certified. A Certification Agreement is not effective until it is signed by the chief elected official and the SHPO, and concurred with in writing by NPS. The effective date of certification is the date ofNPS concurrence. When NPS concurs with the SHPO recommendation for certification, NPS will notify the SHPO in writing, and send a copy of that letter to the CLG. Minnesota CLG Procedures Manual, page 9 State Historic Preservation Office Issued September 2002 V. PROCESS FOR MONITORING AND DECERTIFYING CLGS A. The SHPO will review the annual reports submitted by certified local governments, records of the administration of funds allocated from the Historic Preservation Fund, and other documents as necessary, to assure that each government is fulfilling the required standards. Other review and monitoring may be conducted as necessary. B. If the SHPO evaluation indicates that the performance of a CLG is inadequate, the SHPO shall document that assessment and delineate for the local government ways to improve performance. The CLG shall have a period of not less than 30, nor more than] 80 days to implement improvements. If the SHPO determines that sufficient improvement has not occurred, the SHPO will recommend decertification of the local government to the Secretary of the Interior citing specific reasons for the recommendation. C. If the local government is decertified, the SHPO will conduct financial assistance closeout procedures as specified in the HPF Grants Manual. VI. PROCESS FOR ALLOCATING CLG GRANT PASS-THROUGH FUNDS TO CLGs The Minnesota SHPO administers the CLG Grant program and produces and distributes a CLG Grants manual each year that describes the application process, matching requirements and priorities for the given year. Under this program, in accordance with the Department of the Interior requirements for the Historic Preservation Fund programs, at least ten (10) percent of Minnesota's annual HPF appropriation is designated as pass-through funding to Certified Local Governments (CLGs) each year. This pass- through grant program has assisted CLGs across the state of Minnesota build and strengthen their local preservation programs. The CLG Grants Manual includes information on General Grant Conditions, Eligible Program Activities and Priorities for Projects, the Application Process, Instructions for Completing Application Forms, and Project Administration and Reporting. Application Forms, a sample CLG Grant Agreement and sample Project Description (Attachment A), a CLG Request for Reimbursement Form, Supplemental Infor- mation on Allowable Costs, and forms for fiscal documentation are also included. Because federal funds are used for CLG grants, numerous federal regulations apply. Federal regulations will be enforced, and failure on the part of a CLG to meet them will result in the cancellation of a grant project. All work accomplished under these grants must meet the Secretary of the Interior's Standards for Archaeology and Historic Preservation. Providing matching funds may be an annual prerequisite and is one of the selection criterion for CLG grants. Applicants are encouraged to provide a match that exceeds the minimum requirement. Matching funds may be cash, in-kind and/or donated services or materials contributed to the project or a combination of the three. Minnesota CLG Procedures Manual, page ] 0 State Historic Preservation Office Issued September 2002 There are six areas of eligible program activity for CLG grants: (A) Comprehensive Planning; (B) Survey; (C) Evaluation; (D) Local Designation Forms; (E) National Register Nomination Forms; and (F) Public Education. The CLG Grants Manual provides guidance and examples for each category. Projects receive special priority are those that: reflect the goals and strategies in the statewide preserva- tion plan; promote sound preservation planning through historic context development and the comple- tion of historic and archaeological surveys; result in local designations; and involve properties associ- ated with the history of heretofore under-documented groups or communities (ethnic or racial minorities for example, but also other groups defining themselves as communities. Projects will be evaluated on the following criteria (total points available 100): 1. How well the applicant addresses questions for each category in the CLG Grants Manual (0- 25 points); 2. How well the annual priorities and criteria outlined in the CLG Grants Manual are addressed and how well the project is related to the state preservation plan (0-15 points); 3. Clearly stated measurable goals that can be realistically attained within the funding period (0 to 15 points); 4. Demonstrated community support and leveraged funds (0 to 15 points); 5. Products and past performance of previously administered CLG grants (0 to 15 points); 6. Quality and practicality of the budget (0 to 15 points). The CLG Grants Manual is available by contacting the Grants Office at the Minnesota Historical Society, 345 Kellogg Boulevard West, St. Paul, MN 55102-1906; telephone (651) 296-5478. Minnesota CLG Procedures Manual, page 11 State Historic Preservation Office Issued September 2002 APPENDIX A PROFESSIONAL QUALIFICATIONS STANDARDS The following requirements are those used by the National Park Service, and have been previously published in the Code of Federal Regulations, 36 CFR 61. The qualifications define minimum education and experience required to perform identification, evaluation, registration, and treatment activities. In some cases, additional areas or levels of expertise may be needed, depending on the complexity of the task and the nature of the historic properties involved. In the following definitions, a year of full-time professional experience need not consist of a continuous year of full-time work, but may be made up of discontinuous periods of full-time or part-time work adding up to the equivalent of a year offull-time experience. History The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or closely related field plus one of the following: 1. At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historic organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. Archaeology The minimum professional qualifications in archaeology are a graduate degree in archaeology, anthropology, or closely related field plus: 1. At least one year of full-time professional experience or equivalent specialized training in archaeological research, administration or management; 2. At least four months of supervised field and analytic experience in general North American archaeology; and 3. Demonstrated ability to carry research to completion. In addition to these minimum qualifications, a professional in prehistoric archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the prehistoric period. A professional in historic archaeology shall have at least one year of full-time professional experience at a supervisory level in the study of archaeological resources of the historic period. Minnesota CLG Procedures Manual, page 12 State Historic Preservation Office Issued September 2002 Architectural History The minimum professional qualifications in architectural history are a graduate degree in architectural history, art history, historic preservation, or closely related field, with course work in American architectural history; or a bachelor's degree in architectural history, art history, historic preservation or closely related field plus one ofthe following: I. At least two years of full-time experience in research, writing, or teaching in American architectural history or restoration architecture with an academic institution, historic organization or agency, museum, or other professional institution; or 2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of American architectural history. Architecture The minimum professional qualifications in architecture are a professional degree in architecture plus at least two years of full-time experience in architecture; or a State license to practice architecture. Historic Architecture The minimum professional qualifications in historic architecture are a professional degree in architecture or a State license to practice architecture, plus one of the following: I. At least one year of graduate study in architectural history, preservation planning, or closely related field; or 2. At least one year of full-time professional experience on historic preservation projects. Such graduate study or experience shall include detailed investigations of historic structures, preparation of historic structures research reports, and preparation of plans and specifications for preservation projects. -~ Minnesota CLG Procedures Manual, page 13 State Historic Preservation Office Issued September 2002 APPENDIX B State Enabling Legislation for Heritage Preservation Commissions (from 2001 Minnesota Statutes) 471.193 MUNICIPAL HERITAGE PRESERVATION. Subdivision 1. Policy. The legislature finds that the historical, architectural, archaeological, engineering, and cultural heritage of this state is among its most important assets. Therefore, the purpose of this section is to authorize local governing bodies to engage in a comprehensive program of historic preservation, and to promote the use and conservation of historic properties for the education, inspiration, pleasure, and enrichment of the citizens of this state. Subd. 2. Heritage preservation commissions. The governing body of a statutory or home rule charter city, county, or town as described in section 368.01, subdivisions I and la may establish a heritage preservation commission to preserve and promote its historic resources according to this section. Subd.3. Powers. The powers and duties of any commission established pursuant to this section may include any power possessed by the political subdivision creating the commission, but shall be those delegated or assigned by the ordinance establishing the commission. These powers may include: (l) the survey and designation of districts, sites, buildings, structures, and objects that are of historical, architectural, archaeological, engineering, or cultural significance; (2) the enactment of rules governing construction, alteration, demolition, and use including the review of building permits, and the adoption of other measures appropriate for the preservation, protection, and perpetuation of designated properties and areas; (3) the acquisition by purchase, gift or bequest, of a fee or lesser interest, including preservation restrictions, in designated properties and adjacent or associated lands which are important for the preservation and use ofthe designated properties; (4) requests to the political subdivision to use its power to eminent domain to maintain or preserve designated properties and adjacent or associated lands; (5) the sale or lease of air rights; (6) the granting of use variations to a zoning ordinance; (7) participating in the conduct of land use, urban renewal, and other planning processes undertaken by the political subdivision creating the commission; and (8) the removal of blighting influences, including signs, unsightly structures, and debris, incompatible with the physical well-being of designated properties or areas. Minnesota CLG Procedures Manual, page 14 State Historic Preservation Office Issued September 2002 No power shaH be exercised by a commission which in contrary to state law or denied a political subdivision by its charter or by law. Powers of a commission shaH be exercised only in the manner prescribed by an ordinance and no action of an ordinance unless expressly authorized by the ordinance. Subd. 4. Exclusion. If a commission is established by the city of St. Paul, it shaH for the purpose of this section exclude any jurisdiction over the capitol area as defined in section 15.50, subdivision 2. Subd.5. Commission members. Commission members must be persons with demonstrated interest and expertise in historic preservation and must reside within the political subdivision regulated by the ordinance establishing the commission. Every commission shall include, if available, a member of a county historical society of a county in which the municipality is located. Subd. 6. Communication with the state historic preservation officer. Proposed site designations and design guidelines must be sent to the state historic preservation officer at the Minnesota Historical Society, who shall review and comment on the proposal within 60 days. By October 31 of each year, each commission shall submit an annual report to the state historic preservation officer. The report must summarize the commission's activities, including designations, reviews, and other activities during the previous 12 months. Minnesota CLG Procedures Manual, page 15 State Historic Preservation Office Issued September 2002 APPENDIX C SECRETARY OF THE INTERIOR'S STANDARDS FOR TREATMENT OF HISTORIC PROPERTIES Preservation is defined as the act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project. I. A property will be used as it was historically, or be given a new use that maximizes the retention of distinctive materials, features, spaces and spatial relationships. Where a treatment and use have not been identified, a property will be protected and, if necessary, stabilized until additional work may be undertaken. 2. The historic character of a property will be retained and preserved. The replacement of intact or repairable historic materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided. 3. Each property will be recognized as a physical record of its time, place, and use. Work needed to stabilize, consolidate, and conserve existing historic materials and features will be physically and visually compatible, identifiable upon close inspection, and properly documented for future research. 4. Changes to a property that have acquired historic significance in their own right will be retained and preserved. 5. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. 6. The existing condition of historic features will be evaluated to determine the appropriate level of intervention needed. Where the severity of deterioration requires repair or limited replacement of a distinctive feature, the new material will match the old in composition, design, color, and texture. 7. Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used. 8. Archaeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken. Minnesota CLG Procedures Manual, page 16 State Historic Preservation Office Issued September 2002 APPENDIX D MODEL LOCAL GOVERNMENT CERTIFICATION AGREEMENT This agreement is made between the _of Minnesota Historical Society. [insert proper name of local government] and the I. As a Certified Local Government (CLG) established under the provisions of the "Minnesota Certified Local Govemment Handbook" and of 36 CFR 61.5 and 36 CFR 61.7, made a part of this agreement by reference, the of agrees to: A. Enforce appropriate state and local legislation for the designation and protection of historic properties. The CLG will conduct design review of designated properties according to the Secretary of the Interior's Standards for Rehabilitation. B. Maintain an adequate and qualified historic preservation review commission by State and Local legislation. C. Maintain a system for the survey and inventory of historic properties. D. Provide for adequate public participation in the local historic preservation program, including the process of recommending properties for nomination to the National Register. E. Satisfactorily perform the responsibilities listed in points A-D above and those specifically delegated to it under the Act by the State Historic Preservation officer (SHPO). 2. The specified obligations of the CLG under each of the above areas are outlined in the document "Minnesota Certified Local Government Handbook." Performance of these responsibilities will be demonstrated in the annual report submitted by the CLG to the SHPO by November 1 of each year (See Section I.E. of the Handbook). Failure to report or unsatisfactory performance may be grounds for potential decertification as described in Section III of the Handbook. 3. It is mutually understood that upon final execution of this agreement, the Local Government will achieve, subject to final review by the Secretary of the Interior, Certified Local Government status. Transference of funds pursuant to said status will require compliance with this Handbook, and the current CLG Grants Manual. 4. The Certified Local Government agrees to indemnify and save and hold the SOCIETY, its agents, contractors, and employees harmless from any and all claims or causes of action arising from the CLG's performance of this agreement. 5. The Certified Local Government will comply with Title VI of the Civil Rights Act of t964; Public Law 88-352 (78 Stat. 241; 42 V.S.C. 2000d) which prohibits discrimination and is made a part of this agreement by reference. MINNESOTA lliSTORICAL SOCIETY LOCAL GOVERNMENT State Historic Preservation Officer Date Mayor Date Deputy State Historic Preservation Officer Date Chair. I-leritage Preservation Commission Date Print Name: Contracting Officer Date Minnesota CLG Procedures Manual, page 17 State Historic Preservation Office Issued September 2002