HomeMy WebLinkAbout2009-04-16 HPC Packet
MAPLEWOOD HISTORIC PRESERVATION COMMISSION
COUNCIL CHAMBERS - CITY HALL
April 16, 2009 -7:00 P.M.
1. Call to Order
2. Roll Call
3. Approval of Agenda
4. Approval of Minutes
a. March 19,2009
5. Chair Opening Statements/Presentations
6. Old Business
a. Discussion about survey / mapping historical sites
b. 2008 Annual Report
7. New Business
a. Proposed Historic Preservation Ordinance Amendment
8. Visitor Presentations
9. Commission Presentations
a. Maplewood Historical Society Update
10. Staff Presentations
11. Adjournment
NOTE: There may be a quorum of the Historical Preservation Commissioners in attendance
at the Maplewood Historical Society Meeting on May 13, 2009 at 7 p.m. The Historical
Society meetings are held at the Bruentrup Heritage Farm, 2170 County Road D, Maplewood.
Agenda Item 6.b.
MEMORANDUM
TO:
FROM:
SUBJECT:
DATE:
Historical Preservation Commission
Shann Finwall, AICP, Environmental Planner
2008 Historical Preservation Commission Annual Report
April 9, 2009 for the April 16 HPC Meeting
INTRODUCTION
Most city commission ordinances require the submittal of an annual report to the city council. The
annual report outlines the actions and activities taken by the commission during the preceding
year, recommendations needed to existing ordinances or policies based on past reviews, and
goals envisioned for the upcoming year. These reports are reviewed and approved by the city
council.
The Historical Preservation Commission (HPC) ordinance does not have an annual reporting
requirement. Regardless, staff recommends that the commission begin submitting annual reports
to the city council to report on accomplishments and obtain feedback on proposed goals.
Following is proposed content for the HPC's first annual report which will update the city council on
the commission's actions for the 2008 calendar year.
PROPOSED ANNUAL REPORT CONTENT
Members
The HPC consists of seven members appointed by the city council. Membership terms are for
three years, with extensions for additional terms approved by the city council. The current
membership is as follows:
Commissioner
Membership Beqan
Term Expires
Robert Creager
Lucille Aurelius
Richard Currie
Ron Cockriel
AI Galbraith
Peter Boulay
Caleb Anderson
7-26-04
7-26-04
7-26-04
8-28-06
8-28-06
1 0-9-06
2-25-08
12-31-11
12-31-11
12-31-11
12-31-10
12-31-10
12-31-10
12-31-10
On February 19, 2009, the city council re-appointed six commissioners to the HPC.
Commissioners Creager, Aurelius, Currie, Cockriel, Galbraith, and Boulay were re-appointed to two
and three year terms according to seniority to ensure staggering of term expiration dates.
Meetinqs
The HPC's regularly scheduled meetings are the third Thursday of every month at 7:00 p.m. In
2008 the HPC held 11 (?) meetings.
Reviews and Accomplishments
To be discussed by the commission during the April meeting.
Outside Activities
Several HPC members are also members of the Maplewood Area Historical Society. These HPC
members worked collaboratively on several society events such as:
. Spring Tea - Bruentrup Heritage Farm
. Ice Cream Social - Bruentrup Heritage Farm
. Ramsey County Fair
. Johnny Apple Seed Days - Bruentrup Heritage Farm
. Halloween Hoe Down - Maplewood Community Center
. Barn Dance - Bruentrup Heritage Farm
.
Goals
During the HPC's January 29, 2009, goal setting meeting, the commission came up with six goals
they would like to focus on in 2009 and prioritized them as follows:
1. Take all necessary measures to obtain Certified Local Government (CLG) status:
a. Complete a historical site survey.
b. HPC ordinance amendments - to ensure HPC has oversight of historical sites and
that there is a public process in place when dealing with these sites.
c. Apply to the State Historical Society for CLG status.
2. Education of history through events, time capsule, etc.
3. Repair of Gladstone informational kiosk.
4. Identify and recognize historic families.
5. Identify and recognize the history of geographic features such as lakes, etc.
6. Heritage Award - create criteria for awarding people or places for their work in the field of
history or for their historic character.
2007 Maplewood 50th Anniversarv
The HPC organized and attended all Maplewood 50th Anniversary events. The following events
were held in 2007:
. Shiverfest Event - Hazelwood Park
. Anniversary Party - Maplewood Community Center
. Arbor Day and Environmental Day - Maplewood Nature Center
. Taste of Maplewood - Maplewood Community Center
. Pedal in the Parks Bike Tour of Maplewood
2
. Spring Tea - Bruentrup Farm
. Self Guided Tours of Maplewood Historical Sites
. Ice Cream Social - Bruentrup Farm
. Maplewood City Hall Campus Day Tree Planting
. Fourth of July Celebration - Hazelwood Park
. Ramsey County Fair
. National Night Out
. Johnny Apple Seed Day - Bruentrup Farm
. Back to the 50's Car Show and Parking Lot Dance - Maplewood Community Center
. Maplewood Cemetery Tour
. Preservation Tour of the Bruentrup Heritage Farm
. Fall Barn Dance - Bruentrup Heritage Farm
. Halloween Hoe Down - Maplewood Community Center
. Dinner and Dance - Maplewood Community Center
. Christmas Open House - Bruentrup Heritage Farm
. Mayor's Dinner - Maplewood Community Center
Conclusion
The Maplewood Historical Preservation Commission is committed to promoting the use and
conservation of historic properties for the education, inspiration, pleasure and enrichment of the
citizens of this area.
RECOMMENDATION
Review the language proposed for the 2007 Historical Preservation Commission annual report and
give feedback and comments during the April 16, 2009, meeting.
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Agenda Item 7.a.
MEMORANDUM
DATE:
Historical Preservation Commission
David Fisher, Building Official
Proposed Historical Preservation Commission Ordinance
Amendment
April 8, 2009 for the April 16 HPC Meeting
TO:
FROM:
SUBJECT:
INTRODUCTION
During the January 29, 2009 meeting the Historical Preservation Commission (HPC) prioritized
their goals for 2009. The first goal was to take all necessary measures to obtain Certified Local
Government (CLG) status as follows:
a. Complete a historical site survey. (Official survey to be complete after CLG status.)
b. Amend the HPC ordinance to ensure the commission has oversight of historical sites and
that there is a public process in place when dealing with these sites.
c. Apply to the Minnesota Historical Preservation (MNHP) Society for CLG status.
City staff has contacted the MNHP Society to determine the best process for submittal of an
application. MNHP indicated that the first step is to amend the HPC ordinance to allow the
commission oversight of historical sites. This would allow the HPC formal review and
recommendation for land use permits requiring city council approval on a historical site.
DISCUSSION
The CLG application requires a historical site survey. MNHP has indicated that a formal survey is
not required for the application, but they do request that any documentation the city has regarding
historical sites be included. A formal historical site survey can be conducted after the city has
obtained CLG status, at which time the city can apply for state historic matching grant monies for
this survey.
City staff has been researching other cities' ordinances to help the HPC with the proposed
ordinance amendment. Staff has provided these ordinances for review, as well as a copy of
Maplewood's HPC Ordinance, last amended on December 22, 2003. For reference, a copy of the
Minnesota CLG Procedure Manual is also included.
In addition to review of the ordinance for language required for CLG status, the HPC Commission
should also review the ordinance for additional updates. As an example, Section 2-90
(Commission Appointments) states that the commission will interview nominees and recommend
new members to the city council. Current city council procedure requires that the city council hold
the interviews, allowing commissions to submit questions for the applicants.
RECOMMENDATION
Please review the information provided and be prepared to discuss changes proposed for the
Maplewood Historical Preservation Commission ordinance.
Attachments:
1.
2.
3.
4.
5.
Northfield HPC Ordinance
Cottage Grove HPC Ordinance
Elk River HPC Ordinance
Maplewood HPC Ordinance
Minnesota Certified Local Government Procedures Manual
P:\Historical Commission\Memo Ord April 8 2009
2
Attachment 1
City of Northfield
ARTICLE VI. HERITAGE PRESERVATION*
*State law references: Municipal heritage preservation, Minn. Stat. ~ 471.193.
DIVISION 1. GENERALLY
Sec. 34-456. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
Certificate of appropriateness means that document provided by the heritage preservation commission
which evidences approval of activities proposed for a heritage preservation site.
Heritage preservation site means any area, place, building, structure, land, significant landscaping,
building interior, district, adjacent property or other object which has been so designated pursuant to this
article. The downtown historic district is considered individually and in its entirety as a heritage preservation
site.
(Code 1986, ~ 250:05; Ord. No. 844, 6-19-2006)
Cross references: Definitions generally, ~ 1-2.
Sec. 34-457. Declaration of public policy and purpose.
The city council declares as a matter of public policy that the preservation, protection, perpetuation and
use of areas, places, buildings, structures, and other objects having special historical interest or value is a
public necessity and is required in the interest of the health, safety, welfare and prosperity of the people. The
purpose of this article is to:
(1) Safeguard the heritage of the city by preserving sites and structures which reflect elements of the city's
cultural, social, economic, political, visual or architectural history;
(2) Protect and enhance the city's appeal to residents, visitors and tourists and serve as a support and
stimulus to business and industry;
(3) Foster civic pride in the beauty and no.table accomplishments of the past; and
(4) Promote the preservation and continued use of historic sites and structures for the education and general
welfare of the people of the city.
(Code 1986, ~ 250:00)
Sec. 34-458. Northfield Downtown Historic District.
There has been created a Northfield Downtown Historic District ("downtown historic district") which has
been registered with the federal government and certified by the state. The boundaries of such district shall be
as shown on a map on file in the community development department.
(Ord. No. 844, 6-19-2006)
Sec. 34-459. Certificate of appropriateness.
(a) No activity designated in section 34-460(b) shall occur on a heritage preservation site without having first
received a certificate of appropriateness issued by the heritage preservation commission. All supporting
documents relating to the certificate of appropriateness (plans, photos, etc.) shall be kept on file at City Hall.
Activity initiated or completed without the consent of the heritage preservation commission and the city as
required shall be considered to be in violation of this article.
(b) Upon citing any violation of this article, the heritage preservation commission shall initiate actions
necessary to resolve the violation. If a violation cannot be resolved with the cooperation of the affected parties,
the heritage preservation commission shall initiate the following procedures:
(1) A written notice of violation will be provided to the owner or designated representative of the heritage
preservation site. The notice shall specify the nature of the violation and possible means for rectifying the
violation.
(2) The notice shall be issued by registered mail or hand delivered, receipt requested, to the owner or
designated representative of the heritage preservation site. Upon receipt of the notice of violation, ten days will
be allowed to rectify the violation to the satisfaction of the heritage preservation commission.
(3) If the violation is not rectified to the satisfaction of the heritage preservation commission as required, the
city may proceed to prosecute the matter as a misdemeanor punishable by fine, imprisonment or both in
accordance with state laws.
(Code 1986, ~ 250:25(4); Ord. No. 844, 6-19-2006)
Sec. 34-460. Review prior to issuance of building permits.
(a) Review by the heritage preservation commission. The heritage preservation commission shall review all
activities described in subsection (b) below which are proposed for a heritage preservation site within the city.
The heritage preservation commission shall review activities in accordance with this article and bylaws as
adopted by the heritage preservation commission and with the Downtown Preservation Design Guidelines.
(1) To initiate review by the heritage preservation commission, the owner or designated representative of a
heritage preservation site shall prepare and submit a site plan application and/or sign permit application to the
city detailing all proposed activities. Upon receipt of the application and a fee which shall be established by the
city council by resolution from time to time, the proposed activities shall be considered by the heritage
preservation commission. To facilitate approval of the application, the applicant shall have considered the
following, and prepared documentation on each for review, prior to submitting the application:
a. Historic photographs of the building;
b. Drawings and notations that describe the proposed work, clearly identifying and dimensioning each
element and feature, its location, size, material, and color;
c. Paint type and color. Paint may be either oil based, acrylic latex, factory applied, or epoxy coatings, as is
appropriate for the material applied to, with assurance to the commission that careful preparations will be made
for proper adhesion and durability. Colors shall be similar to those used during the era when the building was
constructed (earth tones, greens, dark reds, pale yellows, and browns, were popular in the latter half of the
19th century; lighter shades predominated in later decades). Bright or unusual colors shall be avoided.
(2) Following review of the site plan or sign permit application, the heritage preservation commission shall
forward its conditions and directives and certificate of appropriateness to the building official as necessary and
other persons interested or affected by the proposal at the discretion of the heritage preservation commission.
The building official shall deny any building permit application for work proposed on a heritage preservation site
which has not been first considered by the heritage preservation commission or which is inconsistent with
conditions or directives issued by the heritqge preservation commission in the certificate of appropriateness.
(3) If the owner or designated representative of a heritage preservation site objects to the conditions or
directives issued by the heritage preservation commission, an appeal may be made to the city council. In
considering an appeal, the city council will review all information generated relative to the proposed project and
thereafter issue a decision by resolution of the city council.
(b) Types of activity to be reviewed by the heritage preservation commission are as follows:
(1) Remodel, repair, or change in any manner that will alter the exterior appearance of an existing building or
site including painting, signage, awnings, significant landscaping and permanent interior remodeling which
affects the exterior appearance;
(2) New construction including the expansion or enlargement of an existing building or site;
(3) Moving of buildings;
(4) Demolition in whole or part; or
(5) Public improvement projects which directly or indirectly affect a heritage preservation site.
(Code 1986, ~ 250:25(1), (2); Ord. No. 844, 6-19-2006)
Secs.34-461--34-485. Reserved.
DIVISION 2. HERITAGE PRESERVATION COMMISSION*
*Charter references: Boards and commissions, ~ 3.2.
Cross references: Boards and commissions, ~ 2-281 et seq.
Sec. 34-486. Established.
There is created and established a heritage preservation commission.
(Code 1986, ~ 250:10(1); Ord. No. 844, 6-19-2006)
State law references: Heritage preservation commission authorized, Minn. Stat. ~ 471.193, subd. 2.
Sec. 34-487. Members.
(a) The heritage preservation commission shall consist of nine voting members, eight of whom shall be
appointed by the mayor, with the advice and consent of the city council, and, one of whom shall be appointed
by the Northfield Historical Society. Any member appointed to serve on the heritage preservation commission
shall have a demonstrated interest and/or expertise in historic preservation. At least two members must be
professionals in a field related to preservation (architecture, history, planning, design, construction, law, and so
forth).
(b) All appointments shall be made for a term of three years. Members shall serve without compensation and
shall continue to hold office until their successors have been appointed and qualified.
(Code 1986, ~ 250:10(1), (2); Ord. No. 597,12-7-1992; Ord. No. 844, 6-19-2006)
Sec. 34-488. Organization.
(a) The heritage preservation commission shall elect from its members such officers as it may deem
necessary.
(b) The heritage preservation commission shall have the power to designate and appoint from its members
various committees and subcommittees. The chair of the commission may ask city staff to contact at least two
members of the commission who shall have authority to review and issue certificates of appropriateness on
behalf of the commission in instances where the full commission will not have a regular meeting reasonably
soon after an application is received and where the proposed activity will have a minor impact on the
downtown historic district, which shall include most sign review.
(c) The heritage preservation commission shall make such bylaws as it may deem advisable and necessary
for the conduct of its affairs, for the purpose of carrying out the intent of this article, which are not inconsistent
with the laws of the city and the state.
(d) The heritage preservation commission shall make an annual report, containing a statement of its activities
and plans, to the state historic preservation office and the city council.
(Code 1986, ~ 250:10(3); Ord. No. 844, 6-19-2006)
Sec. 34-489. Meetings.
All meetings of the heritage preservation commission shall be scheduled and conducted in compliance
with bylaws as established by the commission and with other applicable laws.
(Code 1986, ~ 250:25(3); Ord. No. 844, 6-19-2006)
State law references: Public meetings required, Minn. Stat. ~ 130.01.
Sec. 34-490. Program assistance.
To accomplish the intent and purpose of this article, the city shall provide the heritage preservation
commission with staff support, including employees of the library staff acquainted with the historical archives
and files, to perform the duties prescribed under this article.
(Code 1986, ~ 250:10(4))
Sec. 34-491. Additional powers and duties.
(a) The heritage preservation commission shall conduct a continuing survey of all areas, places, buildings,
structures, or objects in the city which the heritage preservation commission, on the basis of information
available or presented to it, has reason to believe are significant to the cultural, social, economic, political, or
architectural history of the city.
(b) Following designation of a heritage preservation site, the heritage preservation commission shall act as a
resource and in an advisory capacity to the owner of the property regarding preservation, restoration, and
rehabilitation activities. Heritage preservation commission activity in this regard shall include participation in the
planning and implementation of activities within the downtown historic district and other sites which have been
designated as heritage preservation sites.
(c) The heritage preservation commission shall work for the continuing education of the citizens of the city
with respect to the city's civic and architectural heritage. This continuing education may include public
meetings or publications. It shall keep current and public a register of designated heritage preservation sites
along with the plans and programs that pertain to them.
(d) The heritage preservation commission may recommend to the city the acceptance of gifts and
contributions to be made to the city and to assist the city staff in the preparation of applications for grant funds
to be made through the city for the purpose of heritage preservation. Any contributions or gifts will be
expended in the manner provided through the city's fiscal policy.
(e) The heritage preservation commission shall establish and monitor an archive policy that would encourage
the collection of all city planning and development records, documents, studies, models, maps, plans and
drawings. This may be entered into the public library historical archives as a permanent record of city history
and development.
(f) At the discretion of the heritage preservation commission, public hearings may be initiated to solicit public
input regarding proposed activities to a heritage preservation site.
(Code 1986, ~ 250:20; Ord. No. 844, 6-19-2006)
Secs.34-492--34-515. Reserved.
DIVISION 3. HERITAGE PRESERVATION SITE DESIGNATION
Sec. 34-516. Reports.
The city council, upon request of the heritage preservation commission, may direct the city staff to
prepare studies which catalog buildings, land, areas, districts, or other objects to be considered for designation
as a heritage preservation site.
(Code 1986, ~ 250:15(1); Ord. No. 844, 6-19-2006)
Sec. 34-517. Criteria.
The heritage preservation commission shall recommend to the city council areas, buildings, districts, or
objects to be designated heritage preservation sites. In considering the designation of heritage preservation
sites, the commission shall apply the following stated criteria for evaluation and other applicable criteria that
may be established by the Secretary of the Interior from time to time:
Criteria for evaluation. The quality of significance in American history, architecture, archeology,
engineering, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of
location, design, setting, materials, workmanship, feeling, and association, and:
(1) That are associated with events that have made a significant contribution to the broad patterns of our
history; or
(2) That are associated with the lives of persons significant in our past; or
(3) That embody the distinctive characte(istics of a type, period, or method of construction, or that represent
the work of a master, or that possess high artistic values, or that represent a significant and distinguishable
entity whose components may lack individual distinction; or
(4) That have yielded, or may be likely to yield, information important in prehistory or history; or
(5) That have a unique location or singular physical characteristics representing established and familiar
aspects of a view, vista, site, area or district in the city.
(Code 1986, ~ 250:15(2); Ord. No. 844, 6-19-2006)
Sec. 34-518. Intracity communication.
The heritage preservation commission shall establish and maintain communications with other city
boards and commissions and others interested in or affected by a heritage preservation site designation.
(Code 1986, ~ 250:15(3); Ord. No. 844, 6-19-2006)
Sec. 34-519. Findings and recommendations.
The heritage preservation commission shall determine if a proposed heritage preservation site is
eligible for preservation as determined by the criteria established by this article and applicable Secretary of the
Interior standards, and current procedure as recommended by the state historic preservation office.
(Code 1986, ~ 250:15(4); Ord. No. 844, 6-19-2006)
Sec. 34-520. Council designation, hearings.
The city council, upon recommendation of the heritage preservation commission, may by resolution
designate a heritage preservation site. Prior to such designation the city council may request review and
recommendation by the planning commission for the designation's conformance with the comprehensive plan,
and the council shall hold a public hearing, notice of which shall have been published in the official newspaper
at least ten days prior to the date of the hearing and mailed notice sent to the owner of property which is
proposed to be designated a heritage preservation site and to all owners of property lying within 350 feet of a
proposed heritage preservation site. The council shall adopt findings in support of any decision to designate a
heritage preservation site.
(Code 1986, ~ 250:15(5); Ord. No. 844, 6-19-2006)
Sec. 34-521. Communication with state historical society.
Prior to designating a proposed heritage preservation site, the heritage preservation commission shall
forward information concerning the proposed designation to the state historical society for comment within 60
days. The decision of the heritage preservation commission and city council shall be sent to the state historical
society in accordance with applicable state statutes.
(Code 1986, ~ 250:15(6); Ord. No. 844, 6-19-2006)
Sec. 34-522. Acquisition of property.
The heritage preservation commission may recommend to the city council that certain property eligible
for designation as a heritage preservation site be acquired by gift, by negotiation, or other legal means as
provided in applicable state statutes.
(Code 1986, ~ 250:15(7); Ord. No. 844, 6-19-2006)
Secs. 34-523--34-550. Reserved.
Attachment 2
City of Cottage Grove
Chapter 9
HISTORIC PRESERVATION AND CULTURAL RESOURCE MANAGEMENT
9-9-1: POLICY AND PURPOSE:
The City Council hereby declares as a matter of public policy that the protection, preservation, perpetuation
and use of places, areas, buildings, structures and other objects having a special historical, community or
aesthetic interest or value is a public necessity and is required in the interest of the people. The purpose of this
Chapter is to:
A. Safeguard the cultural resources of the City by preserving sites, structures, districts and landmarks which
reflect elements of the City's cultural, social, economic, political or architectural history;
B. Protect and enhance the City's attractions to residents and visitors;
C. Foster civic pride in the beauty and notable achievements of the past;
D. Enhance the visual and aesthetic character, diversity and interest of the City; and
E. Promote the use and preservation of historic sites and landmarks for the education and general welfare of
the people of the City. (1971 Code ~ 13A-1)
9-9-2: DEFINITIONS:
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this Section:
ALTERATION: Changing the existing exterior of a property. "Major alterations" include construction work which
is normally done with the aid of plans or specifications that substantially changes the physical appearance or
use of a property. "Minor alterations" include work which is normally done without the aid of plans,
specifications or skilled labor and which do not radically change the external appearance of a property.
CULTURAL RESOURCES: Any work of people or nature that is primarily of interest for its historical,
archeological, natural, scientific or aesthetic value including, but not limited to, old houses and other structures
such as barns, schools, kilns, archaeological sites, American Indian burial grounds and earthworks, buildings
identified as the work of an architect, developer or master builder whose work has influenced the City, and
structures noteworthy because of their design, detail, materials or craftsmanship.
HISTORIC DISTRICT: A discrete, geographically definable area containing buildings, structures,
archaeological sites, lands and areas linked historically through location, design, workmanship, setting or
association with people or events that have made an important contribution to our heritage.
HISTORIC SITE: Any area, place, structure, land or other object which has been duly designated as such by
the City Council; this includes prehistoric aboriginal sites.
LANDMARK: A landscape feature or aggregate of landscape features which has or have a special historical or
aesthetic character or interest as part of the development, heritage, or cultural characteristics of the city.
SIGNIFICANCE: The sense of time and place in history that is conveyed by cultural resources, their
educational and scientific value and their capacity for enhancing the visual and aesthetic character, diversity
and interest of the city. (1971 Code ~ 13A-2; amd. 2000 Code)
The section below has been affected by a recently passed ordinance, 855 - HISTORIC PRESERVATION AND
CULTURAL RESOURCES. Go to new ordinance.
9-9-3: ADVISORY COMMITTEE ON HISTORIC PRESERVATION:
A. Committee Established; Members: The city council shall establish an advisory committee on historic
preservation, which shall consist of seven (7) voting members, adult residents of the city, to be appointed
by the city council. This committee shall be the duly designated heritage preservation committee of the city,
pursuant to Minnesota statutes section 471.193. (Ord. 729, 4-16-2003)
B. Qualifications; Ex Officio Members: Members of the advisory committee on historic preservation shall be
persons with demonstrated interest and/or expertise in historic preservation. If available, at least two (2)
members of the committee shall be preservation related professionals who meet the professional
qualifications standards established by the United States secretary of the interior and the state historic
preservation office. The city historic preservation officer, along with representatives of the planning
commission and the parks, recreation and natural resources commission, shall be ex officio nonvoting
members. The Washington County Historical Society shall also be invited to appoint a representative to the
committee who shall serve in an ex officio nonvoting capacity.
C. Terms Of Office: The city council shall initially designate three (3) appointees to serve a term of one year
and two (2) appointees to serve a term of two (2) years. All subsequent appointments shall be for terms of
two (2) years. Members shall continue to hold offices until their successors have been appointed.
D. Compensation: Members of the advisory committee on historic preservation shall serve without
compensation but may be reimbursed for expenses incurred in the performance of their duties.
E. Staff: The city council shall provide the advisory committee with staff meeting the qualifications of the
secretary of the interior to carry on the staff functions of the committee. (1971 Code ~ 13A-3; amd. 2000
Code)
9-9-4: DESIGNATION OF HISTORIC SITES AND LANDMARKS:
A. Procedures: The city council, upon the request of the advisory committee on historic preservation, may by
resolution designate an historic site, landmark, or historic district. Prior to such designation, the city council
shall hold a public hearing, notice of which shall have been published in a newspaper of general circulation
at least ten (10) days prior to the date of the hearing; notice of the hearing shall also be mailed to all
owners of property which is proposed to be designated as an historic site, landmark or historic district and
to all property owners within one hundred meters (100 m) of the boundary of the area to be designated.
Every nomination shall be forwarded to the Minnesota Historical Society for review and comment within
sixty (60) days of the advisory committee on historic preservation's request.
B. Eligibility Criteria: In considering the designation of any area, site, place, district, building or structure in the
city as an historic site or landmark, the advisory committee on historic preservation shall consider the
following factors with respect to eligibility:
1. Its character, interest, or value as part of the history or cultural heritage of the city, the state or the United
States;
2. Its association with persons or events that have made a significant contribution to the cultural heritage of the
city;
3. Its potential to yield information important in history or prehistory;
4. Its embodiment of distinguishing characteristics of architectural type or style, or elements of design, detail
materials or craftsmanship; and
5. Its unique location or singular physical appearance representing an established or familiar visual feature of a
neighborhood or community of the City. (1971 Code ~ 13A-4)
9-9-5: CULTURAL RESOURCE STUDIES AND MANAGEMENT PLAN:
The Advisory Committee on Historic Preservation shall conduct a continuing survey of cultural resources in the
City which the Committee has reason to believe are or will be eligible for designation as historic sites or
landmarks. The Committee shall also prepare a Comprehensive Cultural Resource Management Plan for the
City. (1971 Code ~ 13A-5)
9-9-6: ALTERATIONS TO LANDMARKS OR HISTORIC SITES; REVIEW:
A. Review And Recommendations Generally: The Advisory Committee on Historic Preservation shall review
and make recommendations to the Council concerning proposed alterations to a landmark or an historic
site.
B. Building Or Land Use Permit: Every application for a building or land use permit which may result in the
alteration of a designated historic site or landmark in the City shall be reviewed by the Advisory Committee
on Historic Preservation; thereafter, the Committee shall make a recommendation and may recommend
conditions regarding approval to the City Council concerning the proposed permit. No permit will be issued
by the City Building Official unless a certificate of appropriateness has been granted by the City Council.
This certificate may contain conditions of approval that the Council deems reasonable and appropriate.
C. Plats, Variances Or Conditional Uses: Every application for a preliminary or final plat, variance or conditional
use permit in relation to a designated historic site or landmark in the City shall be reviewed by the Advisory
Committee on Historic Preservation, and their recommendation shall be forwarded to the Planning
Commission and to the City Council to be considered by the Planning Commission in making their
recommendation to the Council.
D. Other Building Permits: The Advisory Committee on Historic Preservation shall review and make
recommendations to the Council concerning the issuance of City permits to do any of the following in an
historic district in the City:
1. New construction.
2. Move a building. . 3. Excavation.
4. Demolition.
E. Factors Considered: The Advisory Committee on Historic Preservation, upon receipt of the permit
application and plans, shall determine if the work to be performed adversely affects the designated historic
site or landmark. In determining whether or not there is an adverse effect to the historic site or landmark,
the Committee shall consider the following factors:
1. Whether the work will significantly alter the appearance of the building or structure so as to remove the
features which distinguish the historic site or landmark as a significant cultural resource.
2. Whether the use of the property will destroy, disturb or endanger a known or suspected archaeological feature
site.
F. Standards And Guidelines: The Comprehensive Cultural Resource Management Plan adopted by the City
shall be the authoritative guide to reviewing permits in relation to designated historic sites, landmarks and
historic districts. The Secretary of the Interior's Standards and Guidelines for Archaeology and Historic
Preservation shall be the required basis for permit review decisions.
G. Appeals: Any party aggrieved by a decision of the Advisory Committee on Historic Preservation shall, within
ten (10) days of the Committee's action approving or denying a certificate of appropriateness, have a right
to appeal such decision to the City Council. The Advisory Committee on Historic Preservation in denying a
certificate of appropriateness, shall advise the applicant of his/her right to appeal to the City Council. The
aggrieved party shall file with the City Administrator a written notice requesting Council review of the action
taken by the Advisory Committee on Historic Preservation. Upon receipt of the notice, the City
Administrator shall transmit one copy to the Advisory Committee on Historic Preservation. (1971 Code
~ 13A-7)
9-9-7: DESIGNATION OF HISTORIC DISTRICTS ON ZONING MAP:
The City shall place all duly designated historic districts on the Official City Zoning Map. (1971 Code ~ 13A-10)
9-9-8: MAINTENANCE OF RECORDS AND DOCUMENTS:
A. Register Of Historic Sites And Landmarks: The City shall maintain a register of historic sites and landmarks.
(1971 Code ~ 13A-6)
B. Repository For Documents: The office of the City Administrator is designated at the repository for all studies,
surveys, reports, programs, and designations of historic sites and landmarks. (1971 Code ~ 13A-9)
9-9-9: VIOLATION:
It shall be a misdemeanor to alter, disturb, deface or materially change the appearance or use of a designated
historic site, structure or landmark without a permit. (1971 Code ~ 13A-8)
Attachment 3
City of Elk River
Sec. 30-1836. HPS heritage preservation site overlay district.
(a) Purpose. The purposes of the heritage preservation site overlay zoning district are to:
(1) Safeguard the heritage of the city by preserving sites and structures which reflect elements of the city's
cultural, social, economic, political, visual, or architectural history;
(2) Promote the preservation and continued use of historic sites and structures for the education and general
welfare of the people of the city; and
(3) Foster civic pride in the beauty and notable accomplishments of the past.
(b) Effect of overlay zoning. Heritage preservation site overlay zoning shall be applied to and superimposed
upon all zoning districts contained in this article and the official zoning map. The regulations and requirements
imposed by heritage preservation site overlay zoning shall be in addition to those established for the base
zoning districts, which jointly apply. Under the joint application of standards, the most restrictive requirements
shall apply.
(c) Studies and reports by city staff. The city council may direct the city staff to prepare studies which catalog
buildings, land, areas, districts, or other objects to be considered for rezoning to the heritage preservation site
overlay district. The building and zoning administrator shall instruct the appropriate staff persons to prepare
technical reports where applicable, and provide general assistance in preparing a recommendation on the
action to the city council.
(d) Standards for establishment of district. The heritage preservation commission shall recommend to the
planning commission that an area, building, district, or object be rezoned to the heritage preservation site
overlay zoning district upon determining that such site meets one or more of the following criteria:
(1) It has character, interest, or value as part of the development, heritage or cultural characteristics of the
city, the state, or the United States;
(2) Its location is the site of a significant historic event;
(3) It has yielded, or is likely to yield, information important in prehistory or history;
(4) It is associated with a person who significantly contributed to the culture and development of the city;
(5) It embodies distinctive characteristics of an architectural style, period, form, or treatment;
(6) It represents the work of an architect or master builder whose individual work has influenced the
development of the city; .
(7) It embodies elements of architectural design, detail, materials, or craftsmanship which represent a
significant architectural innovation; or
(8) Its unique location or singular physical characteristics represent an established and familiar visual feature
of a neighborhood, a community, or the city.
(e) Communications with Minnesota Historical Society. A copy of the heritage preservation commission's
recommendation on a proposed heritage preservation site, including boundaries, and a program for the
preservation of the heritage preservation site, shall be sent to the Minnesota Historical Society in accordance
with Minn. Stats. ~471.193, subd. 6.
(f) Site alteration permit.
(1) Work requiring permit; application. A heritage preservation site alteration permit is required to do any of
the following in, on, or to a structure on property located within a heritage preservation site overlay zoning
district in the city:
a. Remodel, alter, or repair in any kind or manner that will alter the exterior appearance of a historic building,
site, or landmark.
b. Erect a building or any structure.
c. Erect signs.
d. Demolish any building in whole or in part. This does not apply to structures required to be demolished in
accordance with Minn. Stats. ch. 463.
e. Alter or remove a landform in whole or in part.
The application for a site alteration permit shall be accompanied by detailed plans, including a site plan,
building elevations and design details, and materials necessary to evaluate the request. The city council shall
make the determination whether to approve or disapprove the permit.
(2) Reports by city staff. The building and zoning administrator shall instruct the appropriate staff persons to
prepare technical reports where applicable, and provide general assistance in preparing a recommendation on
the action to the city council.
(3) Recommendation by heritage preservation commission. The heritage preservation commission shall
review each application and make its recommendation to the city council relative to the request for a heritage
preservation site alteration permit.
(4) Criteria for approval. The city council shall approve, disapprove, and/or impose conditions on a heritage
preservation site alteration permit after consideration of the heritage preservation commission's program for
preservation and the Secretary of the Interior's standards for rehabilitation, as revised, and, if applicable, the
recommendation of the planning commission.
(5) Findings by council. The city council shall make findings as to whether a site alteration permit application
should be approved or disapproved, or conditions imposed, as determined by the criteria specified in
subsection (f)(4) of this section.
(6) Hearing. Prior to the city council making its decision regarding an application for a site alteration permit
for a heritage preservation site, the city council shall hold a public hearing on the application. Prior to such
hearing, the city council shall cause to be published, in a newspaper of general circulation, notice of the
hearing, at least ten days prior to the date of hearing. Notice of the hearing shall be sent to all property owners
within 350 feet of the site of the proposed heritage preservation alteration.
(7) Time limit for action by council. An application for a site alteration permit shall be acted on by the city
council within 60 days. If the heritage preservation commission cannot make a recommendation of approval or
disapproval to the city council within this timeframe, the application shall be forwarded to the city council for
approval or disapproval of the permit without the heritage preservation commission's recommendations.
(g) Emergency repairs. In emergency situations where immediate repair is needed to protect the safety of the
structure and its inhabitants, the building and zoning official shall have the authority to enforce the city building
code, and may approve the repair without prior heritage preservation commission or city council action.
(h) Custody of reports and other documents. The office of the city clerk is designated as the repository for at
least one copy of all studies, reports, recommendation, and programs required under this section.
(i) Procedure for establishment of district.
(1) Establishment of heritage preservation site overlay zoning on a specific parcel of land shall be by
amendment to the city's zoning map as provided by this article and pursuant to the procedure set forth in
section 30-575. The heritage preservation commission shall make findings as to whether a proposed heritage
preservation site is eligible for heritage preservation site overlay zoning as determined by the standards
specified in subsection (d) of this section.. If the heritage preservation commission determines the site meets
the standards in subsection (d) of this section, it shall forward its finding to the planning commission with its
recommendation that the site be designated for heritage preservation site overlay zoning and its proposed
program for the preservation of the site.
(2) The planning commission shall recommend approval, rejection, or modification of the proposed rezoning
to the city council. Such recommendation shall be based upon, but not be limited to, the following factors:
a. The provisions of section 30-575.
b. Any other planning considerations which may be relevant to the proposed rezoning upon the surrounding
neighborhood.
c. Any other planning considerations which may be relevant to the proposed rezoning.
The planning commission may make such modifications, changes, and alterations to the proposed rezoning as
it deems necessary in its recommendation to the city council.
(Code 1982, ~ 900.12(21))
Attachment 4
ORDINANCE NO. 755
ORDINANCE FOR MAPLEWOOD mSTORICAL PRESERVATION COMMISSION
THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREIN ORDAIN:
Article IV. Sections. 2-87 to 2-99 is hereby added to read as follows:
DIVISION 4. HISTORICAL PRESERVATION COMMISSION ("Commission")
Section 2-87 Authority 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 of7 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.
City Council Meeting 12-22-03
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.
Seconded by Councilmember Wasiluk
Ayes-All
City Council 12-22-03
2
MINNESOT A
CERTIFIED LOCAL
GOVERNMENT
PROCEDURES
MANUAL
II
MINNESOTA HISTORICAL SOCIETY
STATE mSTORIC PRESERVATION OFFICE
345 KELLOGG BOULEVARD WEST
SAINT PAUL, MINNESOTA 55102-1906
651/296-5451
www.mnhs.org
SEPTEMBER 2002
Attachment 5
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 alternative 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 ofthe 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 offederal
assistance, or if you desire further information, please write to: Director, Equal Opportunity Program, U.S. Dept.
ofthe Interior, National Park Service, P.O. Box 37127, Washington, D.C. 20013-7127.
Minnesota CLG Procedures Manual, page 1
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 ofthe state, such as a city, town or county, which meets the criteria set
forth in this document is eligible to apply for certification.
III. REQillREMENTS 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 and/or 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/info leaf9. pdt).
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 llil1 constitute certification of a commission under the preservation tax
incentives process.
B. The local government must establish an adequate and qualified historic preservation
commission by State or local legislation.
I. 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 ofthe 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 IILA.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 ofthe National Register
for inclusion on the National Register, the SHPO shall notify the owner, the
applicable chieflocal 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 ofthe National Register.
Within sixty days of notice from the SHPO, the chieflocal elected official shall
transmit the report of the commission and hislher 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.
Ifthe 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 chief local 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 ofthe 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
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)l (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 ofthat 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 of 3.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 ofthe 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 offederal, 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
1 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
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.
1. 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 pnblic participation in local historic
preservation programs, including the process of recommending properties for nomination
to the National Register.
~i
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 III.BA. 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 III.A.2.
and !ILA.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.
1. 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 1 - September 30).
2. This report must demonstrate an active commitment ofthe 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 IILA.2.).
Minnesota CLG Procedures Manual, page 7
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 publ ic participation provisions
as stipulated under Section III.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 coming year.
3. The performance standards for the items listed in IILE.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 IILB.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 ofthe 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 certification from the
Minnesota SHPO. The request for certification shall include the following:
I. 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. Resumes for 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 III.B.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 I1I.B.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 180 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 ofthe 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 10
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):
I. 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 of full-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:
I. 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:
I. 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 of the 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 ofthe 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 ofthis 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 1 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 of the 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 shall 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 shall 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 shall 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.
1. 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
1. As a Certified Local Government (CLG) established under the provisions of the "Minnesota Certified Local
Governrnent Handhook" and of36 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 I 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 ill 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 indenmify 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 cornply with Title VI of the Civil Rights Act of 1964; Public Law 88-352 (78
Stat. 241; 42 D.S.C. 2000d) which prohibits discrimination and is made a part of this agreement by reference.
MINNESOTA HISTORICAL SOCIETY
LOCAL GOVERNMENT
State Historic Preservation Officer
Date
Mayor
Date
Deputy State Historic Preservation
Officer
Date
Chair, Heritage
Preservation Commission
Date
Print Name:
Contracting Officer
Date
Minnesota CLG Procedures Manual, page 17
State Historic Preservation Office
Issued September 2002