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HomeMy WebLinkAboutItem 6 Administration City of Oshkosh Landmarks Commission Statutory and Ordinance Duties—Purpose The Wisconsin State Statutes provide enabling legislation for cities to establish their own historic preservation commissions. The legislation also establishes basic functions of the historic preservation commission. Section 62.23 (em) of the Statutes is included: Historic Preservation. A city, as an exercise of its zoning and police powers for the purpose of promoting the health, safety, and general welfare of the community and of the state, may regulate by ordinance,or if a city contains any property that is listed on the national register of historic places in Wisconsin or the state register of historic places shall, not later than 1995, enact an ordinance to regulate, any place, structure, or object with a special character, historic, archeological or esthetic interest,or other significant value, for the purpose of preserving the place, structure,or object and its significant characteristics. A city may create a landmarks commission to designate historic or archeological landmarks and establish historic districts. A city may regulate,or if the city contains any property that is listed on the national register of historic places in Wisconsin or the state register of historic places shall regulate, all historic or archeological landmarks and all property within each historic district to preserve the historic landmarks and property within the district and the character of the district. In keeping with the WI State Statutes, the City of Oshkosh defines the duties, purposes, and functions of the Landmarks Commission in Section 2-48 of the Municipal Code. Duties, Purposes, and Functions of the Landmarks Commission include: (1) Shall recommend to the City Council those historic sites, structures, and districts which are of sufficient significance to be classified as landmarks and the criteria under which these were developed. (2) May receive and expend funds for the benefit of protecting, supporting or promoting the City's historic, architectural and cultural heritage. (3) Shall report to the Oshkosh City Council as requested to review its work program and expenditures. (4) Shall foster the protection, enhancement, and perpetuation of historic improvements and of districts which represent or reflect elements of the City's cultural, social, economic, political and architectural history. (5) Shall safeguard and foster civic pride in the City's historic and cultural heritage as embodied and reflected in landmarks and historic districts. (6) Shall cooperate with the City administration to provide information on historic resources to be used to comply with relevant State laws. (7) Shall implement and regulate the provisions of Article 18, of Chapter 30 of this Code, Historic Preservation. [Statutory Reference 62.23(7) (em) Wis. Stats.] (8) Advise and assist the City Administration and Common Council concerning capital improvements proposed for the Grand Opera House that may impact the historical significance of the facility. (9) Provide recommendations to the Common Council on the use of proceeds from donations made to the City and deposited with the City Treasurer into a special fund for purposes of supporting, adding to, or improving the Grand Opera House. All expenditures from said fund shall be solely for the purpose of adding to or improving the Grand Opera House, and shall be spent solely with the approval of the Oshkosh City Council. The Oshkosh Landmarks Commission recommends historic properties for Landmark designation under the historic preservation ordinance. The Commission reviews requests for certificates of appropriateness for local landmarks within the City. Other ongoing tasks completed in tandem with the Secretary of the Commission (Staff Liaison) include nomination of properties and owners for Acanthus preservation awards, compilation of the annual report, administration of the historic plaque programs, and public outreach. Landmarks Commissioners are appointed by the Mayor with the approval of the City Council. These Commissioners consist of six (6) citizen members, one (1) Council representative, and up to three (3) alternates. In addition to voting members the Director of the Paine Art Center and Gardens or designee and Director of the Oshkosh Public Museum or designee serve as non- voting members of the Commission. No specific backgrounds are required, although Commissioners often have a personal interest in preservation, architecture, art history, real estate, etc. Certified Local Government (CLG) The Wisconsin Historical Society defines the CLG program in the State of Wisconsin on the organization's website: A Certified Local Government(CLG) is any city, village, county or town that has been certified by the SHPO and the Department of the Interior to meet these basic criteria: • Establish by ordinance a qualified historic preservation commission • Enforce appropriate state or local legislation for the designation and protection of historic properties • Maintain a system for the survey and inventory of local historic resources • Provide for public participation in the local historic preservation program Wisconsin Requirements for Certified Local Governments Federal law allows the state to establish additional requirements for CLGs. The CLG must adhere to all of the federal and state requirements or the SHPO may revoke the CLG certification. The Wisconsin SHPO has established these additional requirements: 1. The CLG must enact and enforce a historic preservation ordinance that regulates historic property. 2. A CLG must provide annual reporting to the SHPO on CLG activities. 3. A CLG must send copies of meeting minutes and agendas to the SHPO following each meeting. 4. The ordinance must not allow historic property owners to "opt-out"of local historic designation. 5. Designation must not require owner consent. 6. The commission must approve work on locally designated properties and recommendations may not be "advisory." The basic requirements to obtain and keep CLG status are that the local government have an historic preservation commission,have an historic preservation ordinance, maintain a survey and inventory of local historic properties, and include public participation in the preservation program. Additionally, the Wisconsin State Historic Preservation Office requires that the CLG must submit an annual report documenting its activities, send monthly Landmarks minutes and agenda to SHPO,not allow owners of historic properties to "opt-out" of local landmark designation, that designation not require owner consent, and that the Commission approve work proposed for local landmarks. Commission recommendations may not be advisory in nature. The Wisconsin Historical Society explains that CLG Status comes with a number of benefits such as funding options, the ability to use the historic building code for local landmarks, and the ability to weigh in on National Register no inations. CITY OF OSHKOSH LANDMARKS STAFF At the time of this plan,one member of City Planning staff devotes time to preservation-related work. Typical staff time includes processing of new local landmarking requests, meeting with owners of historic properties to discuss proposed work, processing certificates of appropriateness, compiling the annual report, assisting the Landmarks Commission with meeting preparation and follow-up, administering the historic plaque and Acanthus Awards programs, administering the historic preservation ordinance and periodic ordinance updates, and connecting Landmarks Commissioners with the general public as needed. The Staff liaison assists in coordinating preservation efforts with the Wisconsin Historical Society and National Park Service as required. AREAS FOR IMPROVEMENT • Currently the main preservation efforts and objectives are listed in Chapter 2 of the Municipal Code,but this Section would benefit from additional clarification. Often the Commissioners believe that historic preservation efforts are not well integrated with various City departments and outside entities. • Staff and the Commission believe that more staff time is often required for successful follow-up and implementation of various preservation-related initiatives and activities. Due to limited staff time and Commissioner availability, the Commission often cannot devote sufficient time to all issues that arise. • More integration with current and long-range planning efforts, sustainability, and City policies would benefit preservation efforts.