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the owners have not put the necessary money into the building to maintain it nor have they sought another use for the gatehouse. They have let it sit hoping that it will deteriorate to a point where it would not be economically feasible to repair; thereby, tying the hands of the Commission. In 2002, HPC's Inspector reviewed the building and found repairs were needed, especially the roof. A letter was sent to the owners requesting repair of the building. Photos of the building were also sent to Code Enforcement, but this building has not been placed on their agendas. The building does need repair but it is not beyond repair. As an administrative office for a cemetery, the building might not make enough revenue to cover maintenance costs, but other uses would certainly be able to support the building economically. Any number of uses could be found for the building besides cemetery administration purposes - an interfaith chapel for memorial services, an. upscale restaurant, offices, or banquet/event space. The city may be purchasing right-of-way from the cemetery to construct a roundabout at the intersection of Portage and Lathrop. These monies could be used for the repair building. Staff does not recommend approval. There will be a report from the Landmarks Committee on this matter presented at the November meeting, which did not occur. Shawn Peterson: For clarification, the C of A will be deemed to be submitted today January 23a, 2006 pursuant to the property owner's request that the C of A be tabled to today. Today will be the effective date for the purposes of the Municipal Code and the provision therein. The Chair now wishes to recognize the property owner. John Peddycord: My name is John Peddycord. I'm an attorney with offices at 9100 Edison Lakes Pkwy, Mishawaka. To my immediate right is Pat Primmer, one of my partners. Pat represents Alderwoods Group on a regular basis in this area with matters that they on which they need legal representation. Due to my experience with real estate, they asked me to appear here with her this evening. We represent Alderwoods Group. They are the owners - for those of you who are not aware — of not only Riverview Cemetery on the east side of Portage between Portage and the Saint Joseph River, but they also own Highland Cemetery on Portage across the street, of which has considerable historical significance. I'm sure most of you are aware of that. The company is a rather large company. For way of background; they own approximately 800 cemeteries, or operate 800 cemeteries in North America. We have with us this evening, you'll hear from them later for those of you who don't know the gentlemen to my right. The first gentleman is Bernard Diedrich, a local certified real estate appraiser, and to his right is Robert Huddleston, another certified real estate appraiser, who I've had the privilege of using as experts in various real estate matters over the last 15 to 20 years. First, before I start my formal presentation, I would like to thank your counsel, Shawn Peterson. He was a big help tome particularly this afternoon. I spent I think about three hours as juror #11 in a criminal case as a juror until they finally informed us that a... the defendant decided to enter a plea. That took some of my time away that I had intended to spend on this matter. In any event, Shawn was nice enough to give us a courtesy call; as many attorneys do in his position, and discussed this with us, briefly. He did_ correct something that we were not aware of and we were not aware of it for a legitimate reason. We were operating originally under the assumption that you were bound by the 1977 State Statute on Historic Preservation Commissions. He informed us for the first time that we learned that at about 3:30 this afternoon or 4:00 even that you predate that statute. You were formed in 1973 and there is some debate as to whether or not you are bound by the State Statute or not. Your attorney rightly takes the position that you are not, and I don't know if I agree with that, but I'm not 23 January 2006 HPC Meeting Minutes [Corrected Version] 3