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There was some discussion over parts of the building that have already been scratched, gauged <br />and damaged. Mr. Talley further noted his frustration concerning the lack of cooperation he has <br />received. Mr. Powell again stated that a meeting needs to be called to solve these problems. <br />Mr. Oxian stated that a meeting was a very good idea because every body involved has a <br />different story about what is going on and that there are too many bosses involved in the <br />project. Mr. Powell stated that he was very up front with the architect that the building is not to <br />be damaged no matter what. Mr. Talley reiterated that the Department of Water Works did not <br />submit the entire project to the Historic Preservation Commission, that in fact the Commission <br />only approved a small portion of the project. He also noted that the Certificate of <br />Appropriateness stated that the Commission Director was to meet with all of the contractors <br />who won the bids to discuss the properties historical designation. Mrs. Sporleder asked if such a <br />meeting was ever held. Mr. Talley stated that it was not, however, he eventually did attend a <br />meeting with the heads of the parties involved where he stated that the Commission did not <br />review 95% of the project and that everyone could work together to solve a few problem areas, <br />which he then stated. There was more discussion over the need for better cooperation among <br />involved parties and the need to stress the buildings historical importance. <br />3. Legal <br />Mr. Oxian stated that the ordinance for annexation has been approved by Area Plan and is <br />before the Common Council. Mr. DeRose reported that the ordinance regarding interim <br />protection is now before Area Plan, who has requested that the proposed notification go to the <br />Common Council and owner, not the occupant. Mrs. DeRose stated that by sending it to the <br />Common Council opens the door to denials if all points are not covered. She further noted that <br />if the owner can not be reached by certified mail it would make the interim protection invalid. <br />In the existing document the individual can be notified in person or by regular mail, where as, <br />the Area Plan Commission wants it changed to certified mail or personal delivery only, which <br />leaves the ordinance vulnerable to unresponsive owners. Mrs. DeRose stated that the ordinance <br />should require certified mail with copy to regular mail or personal delivery. This way if the <br />certified mail is refused then regular mail would be sufficient. She further noted that Area Plan <br />has requested a time frame for the interim protection to prevent the tabling of a potential <br />landmark and that the protection is only beneficial to the Commission and is not to be used to <br />benefit the owner. Mr. Oxian stated that the longest time period he would recommend would be <br />six months, because if it has not happened by then it would not happen. <br />Mrs. DeRose suggested that if all reasonable efforts to notify the owner fail than notice shall be <br />adequate if served upon an occupant. Mr. Talley asked what would happen if the owner is <br />unreachable and the house is vacant. Mrs. DeRose stated that if the ordinance is altered to Area <br />Plans specifications then interim protection will be invalid in such a situation. Mrs. Sporleder <br />asked if to cover such a case as expressed by Mr. Talley could the Commission notify a <br />government agency, such as Code Enforcement, to have a notice posted on the house notifying <br />whom ever it may concern of the interim protection and the intent to landmark. Mrs. DeRose <br />and Mr. Talley concurred that posted notification through Code Enforcement and the Building <br />Department was a good idea. Mr. Talley noted that after interim protection is passed by the <br />City it would be taken to the County. <br />5 <br />