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8.3. SR 01-06-2020 Eclty1� ,.,�� Request for Action River To Item Number Mayor and City Council 8.3 Agenda Section Meeting Date Prepared by General Business January 6, 2020 Cal Portner, City Administrator Item Description Reviewed by Heritage Preservation Commission Ordinance Tina Allard, City Clerk Amending Meetings Reviewed by Action Requested Amend,by motion, the Heritage Preservation Commission Ordinance. Background/Discussion On December, 16, 2019, the Council further discussed the purpose and mission of three advisory boards and received input from members of those boards. Heritage Preservation Commission members indicated a concern for the number of meetings held each year. The recommended ordinance amendment removes language regarding their membership and procedural rules. The commission shall establish bylaws to clarify the number of meetings,membership makeup, and officers. Further, the amendment recommends and annual meeting with the city council to review vision,goals, talks and accomplishments. Financial Impact N/A Attachments ■ Draft Ordinance Language ■ HPC Statute The Elk River Vision A PehoMing community Pitb revolutionary and spirited resourcefulness, exceptional P,`01 W E H E 8 6 T service, and community engagement that encourages and inspires prosperity INAWRE1 City of Ordinance 20 - Elk __z__River An Ordinance Amending Chapter 2, Division 2, Relating to Heritage Preservation Commission, of the City of Elk River, Minnesota, City Code The City Council of the City of Elk River does hereby ordain as follows: SECTION I. Sec. 2-211. - Established. A heritage preservation commission for the city is hereby established. Sec. 2-212. - Membership; officers. The heritage preservation commission shall consist of no fewer than five members appointed by the city council for terms of three years. The last day for the term of office of each member shall be the last day of February;however,all members may continue service until either reappointed or replaced by the city council. A vacancy shall be filled by the city council for the remainder of the term. 4-he members of the herita6�F1�3�1 V atf___ by a majofity vote, shall elect one of the appointed commissioners at the first meeting of the year to sefve as chair and one to sefve as vice chair. Commission members must be persons with demonstrated interest or expertise in historic preservation. Each commission member must be a resident of the City of Elk River. The heritage preservation commission shall include,if available, a member of the Sherburne County Historical Society. Sec. 2-213. - Purpose. The heritage preservation commission is established to review and make recommendations to the city council on issues pertaining to the historical, archaeological, engineering, and cultural heritage of the city.The commission shall participate in the preservation and acquisition of the city's heritage and historical sites. Sec. 2-214. - Powers and duties. The heritage preservation commission shall prepare,hold hearings on, and recommend to the city council such plans,programs, and policies as it deems necessary to carry out the purposes of this division. Such powers shall include,but are not limited to,the study of and recommendation to the city council on the following: (1) Work for the continuing education of the citizens of the city with respect to the historic and architectural heritage of the city. It shall keep current and public a register of designated heritage preservation sites and areas. (2) Conduct a continuing survey of all areas,places, buildings, structures, or similar objects in the city which the commission, on the basis of information available or presented to it, has reason to believe are, or will be, eligible for designation as heritage preservation sites. (3) Solicit gifts and contributions to be made to the city and assist in the preparation of applications for grant funds to be made to the city for the purpose of heritage preservation. (4) Recommend accepting the services on a permanent or part-time basis of technical experts and other such persons as may be required to perform its duties. (5) Make recommendation that an area, building, district or object be designated a heritage preservation site. (6) Review and make recommendations relative to requests for heritage preservation site alteration permits. (7) Recommend making application to the National Register or the Minnesota Historical Society for the designation of a historic site or district. (8) Make recommendations on the acquisition of sites eligible for designation as a heritage preservation site by gift, negotiation, or eminent domain as provided for in Minn. Stats. ch. 117. Sec. 2-215. - Meetings and rules of procedure. The heritage preservation commission shall meet at least four times each calendar year,at such time and place as the comm.".,..~ shaR dere mineestablished per their bylaws. The commission must abide by the MN Open Meeting Law, Chapter 13D. Reports, conclusions, and recommendations shall be made to the city council throughout the year as needed. An annual meeting shall be held with the city council to review commission vision,goals, tasks and accomphshments.Notice of the -- .--.-a meetings shaR be communticated to the members,posted at city haR, and published i the city's official newspaper at least three days pr4or to the meeting. Except as provided in this division, afl commissi— 'hall he governed and operated purstiant to Robeft's Rules o Order,Newly Revised flfld open to the public. SECTION 2. This Ordinance shall be in full force and effect from and after its passage and publication. Passed and adopted by the City Council of the City of Elk River this 6`b day of January, 2020. John J. Dietz,Mayor ATTEST: Tina Allard, City Clerk 471.193 MUNICIPAL HERITAGE PRESERVATION. Subdivision 1.Policy.The legislature finds that the historical, architectural, archaeological, engineering, and cultural heritage of this state is among its most important assets. Therefore, the purpose of this section is to authorize local governing bodies to engage in a comprehensive program of historic preservation, and to promote the use and conservation of historic properties for the education, inspiration, pleasure, and enrichment of the citizens of this state. Subd. 2.Heritage preservation commissions.The governing body of a statutory or home rule charter city, county, or town 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: (1) 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 of 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) participation 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. No power shall be exercised by a commission which is 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 ordinance and no action of a commission shall contravene any provision of a municipal zoning or planning ordinance unless expressly authorized by 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 15B.03, subdivision 1. 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. Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 471.193MINNESOTA STATUTES 20191 Subd. 6.Communication with state historic preservation officer.Proposed site designations and design guidelines must be sent to the state historic preservation officer at the Department of Administration, 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. History: 1971 c 128 s 1; 1973 c 123 art 5 s 7; 1985 c 77 s 1; 1989 c 9 s 2; 2003 c 17 s 2; 1Sp2017 c 4 art 2 s 46 Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. 2MINNESOTA STATUTES 2019471.193