§ 151.05. DESIGNATION OF HERITAGE PRESERVATION SITES AND DISTRICTS.

(A) Reports. The Heritage Preservation Commission working in conjunction and cooperation with the Planning Commission and the City Building Official shall study and evaluate those buildings, land, areas, districts, or other objects which are to be considered for designation as heritage preservation sites or districts.

(B) Criteria. The Commission shall recommend in writing to the City Council those places, buildings, land, areas, districts, or other objects to be designated as heritage preservation sites or districts. In determining whether a site or district qualifies for the heritage preservation site or district designation, the Commission and the Council shall apply the following criteria:

(1) Its character, interest, or value as part of the development, heritage, or cultural characteristics of the city, the county, the state, or the United States.

(2) Its location as a site or whether it contributes by its proximity to the site of a significant historic event or structure.

(3) Its embodiment of distinguishing characteristics of an architectural style, period, form, or treatment.

(4) Its identification with a person or persons who significantly contributed to the culture and development of the city, the county, the state, or the United States.

(5) Its embodiment of elements of architectural design, detail, materials, or craftsmanship which represents distinctive architectural innovation.

(6) Its unique location or singular physical characteristics representing an established and familiar aspects of a view, vista, site, area, or district in the city.

(C) Planning Commission review. The Heritage Preservation Commission shall advise the Planning Commission of the proposed designation of a heritage preservation site or district, including boundaries and a program for the preservation, restoration, or rehabilitation of the site, and secure from the Planning Commission its recommendation with respect to the relationship of heritage preservation designation to the comprehensive plan of the city, its findings as to the effect of the proposed designation upon the surrounding neighborhood, and its findings and recommendations as to any other planning consideration which may be relevant to the proposed designation, together with its recommendation of approval, rejection or modification of the proposed designation. The recommendation shall become part of the official record concerning the proposed designation and shall be submitted by the Heritage Preservation Commission along with its recommendation concerning the proposed designation to the City Council. The Heritage Preservation Commission may make such modifications, changes, and alterations concerning the proposed designation as it deems necessary in consideration of the recommendations of the Planning Commission.

(D) Communication with State Historical Society. A copy of the Heritage Preservation Commission's proposed designation of a heritage preservation site or district, including boundaries, and a program for the preservation, restoration or rehabilitation of the site shall be sent to the State Historic Preservation Officer at the Minnesota Historical Society. That officer shall have 60 days within which to review and comment upon the proposal.

(E) Findings and recommendations. Following receipt and review of the comments of the State Historic Preservation Officer, the Heritage Preservation Commission shall determine if the proposed heritage preservation site or district is eligible for preservation as determined by the criteria specified in division (A) of this section. If so, the Commission shall transmit to the City Council its recommendations and proposed program for the heritage preservation site.

(F) Council designation hearings.

(1) Upon receipt of the Commission's recommendations, the City Council may evaluate the recommendations. If the Council finds the recommendations lacking in any respect, the Council may remand the matter to the Commission for further study and/or additional recommendations.

(2) If the City Council finds that the site(s) or district(s) recommended by the Commission qualify as a heritage preservation site or district, and the Council deems it appropriate to pursue the designation, the Council shall order a public hearing not less than 60 days following submission of the proposal to the State Historic Preservation Officer, and provide notice of same in the official newspaper of the city not less than 20 days prior to the date of the hearing. Notice of the hearing shall be sent to the owners of any parcel for which designation is being considered, owners being those persons named on the records of the County Treasurer. Additionally, notice shall be sent to the owners of all parcels abutting a parcel or parcels considered for such designation. After the hearing, the Council, may by ordinance, designate a heritage preservation site or district. In the case of denial of the application, the applicant cannot reapply for the same project within 6 months of the Council action.

(G) Acquisition. The Heritage Preservation Commission may recommend to the City Council, after review and comment by the Planning Commission, that certain property eligible for designation as a heritage preservation site be acquired by gift, negotiation or other legal means included under the authority of M.S. Chapter 117. Any property, whether real or personal, whether acquired by gift, eminent domain, purchase or otherwise, shall be held in the name of the city.

(Ord. passed - - ; Am. Ord. 2017-05-02A, passed 5-2-2017)