§ 107-5. Designating heritage landmark sites.

(a)

Commission to recommend. The commission shall recommend to the council areas, buildings or structures to be designated as Chatfield Heritage Landmarks; propose programs to preserve such landmarks; and make recommendations to add additional buildings or structures to existing Chatfield Heritage Landmarks. In making such a recommendation, the commission shall be guided by the following criteria.

The area, building or structure in question has a quality of significance in American history, architecture, archeology, engineering and culture and possesses integrity of location, design, setting, materials, workmanship, feeling and association, and:

(1)

Is associated with events that have made a significant contribution to the broad patterns of the history of the community; or,

(2)

Is associated with the life of a person or persons significant in the history of the community; or,

(3)

Embodies the distinctive characteristics of a type, period, or method of construction, or that represents the work of a master, or that possesses high artistic value, or represents a significant and distinguishable entity whose components may lack individual distinction; or,

(4)

Has yielded, or may be likely to yield, information important in prehistory or history.

With its recommendation, the commission shall prepare and present to the council a written report which identifies and locates the site, discusses how it meets one or more of the eligibility criteria, and sets otherwise sets forth the basis of the recommendation.

(b)

Communication with Minnesota Historical Society. A copy of the commission's recommended designation of a Chatfield Heritage Landmark, together with its written report, shall be sent to the state historic preservation officer at the Minnesota Historical Society required by the provisions of Minn. Stats. § 471.193, subd. 6. Following receipt of comments by the state historic preservation officer, the recommendation of the committee, its written report, and the comments received from the state officer be forwarded to the council for its consideration.

(c)

Proceedings before the council. The council, following receipt of a recommendation and report of the commission, and the comments provided pursuant to the provisions of subsection 107-5(b) of this Code, may designate an area, building or structure by ordinance to be a Chatfield Heritage Landmark. Such designation may be made by the council only following a public hearing in which published notice of the proposed action is given at least ten days prior to the date of the hearing; and, written mailed notice of the proposed action is sent to the owner or owners of the property thirty days prior to the date of the hearing. Following the enactment of an ordinance designating a Chatfield Historic Landmark, the location and boundary of a Chatfield Heritage Landmark shall be included in the official map of the city prepared and maintained pursunt to the provisions of section 113-155 of this Code.

(d)

Plan of treatment. Following the designation by the council of a area, building or structure as a Chatfield Heritage Landmark, the commission, in conjunction with and in cooperation with the owner or owners of site shall prepare a plan of treatment. This plan would articulate a vision for the future preservation, protection and use of the property, and contain specific guidelines and recommendations tailored to the situation most likely occur in the future, so as to provide flexibility in design review and promote a best practice approach to historical preservation. The plan of treatment shall thereafter be approved by the council.

(e)

Acquisition. The commission may recommend to the council, after such recommendation has first been reviewed by the planning and zoning commission, that certain property designated as a Chatfield Heritage Landmark be acquired by any lawful means by the city.

(Code 1999, §§ 15.3.1—15.3.5; Ord. No. 386, § 4(15.3), 12-8-2008)

State law reference

Report to state, Minn. Stat. § 471.193, subd. 6; eminent domain, Minn. Stat. ch. 117.