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1. The MOU, executed by the Director of the Commission is hereby approved in the form of the attached Exhibit. This approval shall be subject to the Library Board also approving the MOU and if the Library Board should fail to approve the MOU, then the Commission's approval shall be rescinded and of no further effect. 2. The Commission conditionally approves and modifies the COA for demolition of the Avon Theater Building only after the terra cotta fagade has been removed in accordance with the MOU. The conditional approval of the COA shall be subject to the Library Board approving the MOU and if the Library Board should fail to approve the MOU, then the COA shall be deemed denied. 3. This Resolution shall take effect immediately upon its adoption by the Commission. Lynn Patrick moved to approve the MOU as presented. The President called for a second to the motion. No one voiced a second to the motion to approve the MOU as presented. The President declared that the motion -died for lack of a second.— On econd. On a motion by Mike Voll with a second by Kevin Buccellato to reject the MOU as presented. Vote: 4 –1 Mike Voll: We are in preservation mode and it is not ok to "rubble things" especially when they have a second breath in them. Dave Steinhauer: Our mission is to preserve; the building is not going to go down with my handwriting. Tim Klusczinski: For all the reasons previously stated in missive (see attached) and a reasonable rehabilitation option/effort was not proposed to address the public's sentiment to save the building so I believe this issue to be in the hands of other authorities. Kevin Buccellato: It is our charter here to save buildings and to govern over that, not to demolish. Memorandum of Understanding Rejected. On a motion by Kevin Buccellato with a second by Mike Voll to deny COA#2012-0831 to demolish the building. Vote: 4 – 0 –1 Abstention. COA#2012-0831 Denied. B. NATIONAL REGISTER NOMINATIONS 1. Update on North Liberty – first reading. Public hearing scheduled for November 19, 2012 HPC meeting. III. HEARING OF VISITORS IV. REGULAR BUSINESS A. APPROVAL OF MINUTES – September 17, 2012, approved by consensus. B. TREASURER'S REPORT –Distributed. C. STAFF REPORTS 1. Correspondence –Circulated. 2. Routine Maintenance Exclusion Approvals –Distributed. 3. Director's Report –Distributed. 4. Assistant Director Report –Distributed. 5. Preservation Specialist Report –Distributed. 6. Legal Counsel –none. D. COMMITTEE REPORTS 1. Presidents Report –Distributed. VI. NEW BUSINESS A. Local Historic Districts Tour Funding 6