HomeMy WebLinkAbout12-12-16 Informal MeetingOFFICE OF THE CITY CLERK
KAREEMAH FOWLER, CITY CLERK
INFORMAL MEETING OF THE COMMON COUNCIL DECEMBER 12, 2016 4:10 P.M.
Present: Tim Scott, Regina Williams- Preston, Randy Kelly,
Jo M. Broden, Dr. David Varner, Oliver Davis,
Gavin Ferlic, Karen White, John Voorde
Agenda:
1. Discussion of Council Agenda
2. Update and Announcements
3. Adj ournment
Council President Tim Scott called the meeting to order with three (3) items on the agenda. The
Council went over the agenda for that night's formal Council meeting and detailed the
recommendations for each bill from the various committees.
Council President Scott detailed the process for the Historic Preservation Appeal for Mr. Eric
Boyd. Mr. Boyd will have twenty (20) minutes to present and he will present exactly on the facts
to detail where he believes the HPC has gone wrong. HPC will then present their side of the
story and will have twenty (20) minutes, as well. Mr. Boyd will then have a five (5) minute
rebuttal. Once that is done, either party may be asked questions. Council President Scott stated,
Then we need to make a decision on whether or not to sustain the action of HPC —which in this
case was a unanimous vote against his COA—or overrule their decision. Someone will need to
make a motion either to sustain the action of HPC or overall.
Interim Council Attorney Aladean De Rose stated that the vote of each Councilmember needs to
include reasons for why the vote was made either to sustain or overrule. It can be as simple as
finding that the HPC did not abuse its discretion, observed their procedures, and that their
decision is supported by substantial evidence.
Councilmember Oliver Davis asked if he can get the list again of five (5) reasons they are
supposed to look at.
City Clerk Fowler stated she can send those reasons again to the entire Council.
455 County-City Building • 227 W. Jefferson Boulevard • South Bend, Indiana 46601
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JENNIFER M. COFFMAN ALKEYNA M. ALDRIDGE JOSEPH MOLNAR
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hazard. Rather, in this case, if he did it correctly, both the Code Enforcement and the Building
Department state his current design does not meet their standards.
Councilmember Williams- Preston stated that when she spoke with him, part of the issue was that
he had already moved forward and put a roof on the building, otherwise there would have been
more damage from the weather.
Interim Council Attorney De Rose stated that he did receive a certificate of appropriateness in
2011 on how to preserve it and contain the building. What he wanted in 2015 was to make it
different and that has to go through the Commission. There is case law that shows the fact that
someone doing something wrong for whatever reason is not an excuse; that the person is then
free of any restrictions.
Councilmember Williams- Preston asked if the HPC is asking Mr. Boyd to tear off what he has
already done and then redo it.
Interim Council Attorney De Rose responded that that is correct, which is tough and they
acknowledged that.
Councilmember Dr. Varner stated that he also believed that there were also questions about
whether what he wanted to build was structurally sound.
Interim Council Attorney De Rose responded that is correct, and it is what Code Enforcement
believes and the Building Department.
Councilmember Scott stated that he came before Council for a tax abatement for this property
and at the time there were concerns about him taking on this project because it would take
substantial financial resources. That was two (2) or three (3) years ago.
Councilmember Jo M. Broden asked for clarification of the 2011 routine maintenance exception.
Interim Council Attorney De Rose responded that a routine maintenance exception is a form of
certificate of appropriateness. A COA can be done in two (2) ways. First, through a routine
maintenance exception, which is just a staff approval and the lowest level which essentially
means nothing is changing about the building. When those are approved, that means nothing has
been asked for anything unusual. A routine maintenance exception requires no public hearing
and a staff member can approve it. It is just replacing like with like, and nothing is changed. A
COA means that the petitioner wants to make a structural change of some kind and that requires
the public hearing. A big issue that comes are up are windows such as wooden windows versus
new vinyl windows. That was the subject of a 2008 appeal to the Council. That is moving from a
traditional and historical feature to a new and modern material so the Commission has to approve
it. Since he had already applied for a routine maintenance exception he knew about the process.
Councilmember Davis asked, If Mr. Boyd continues his request tonight, is there a timeframe
built in?
Councilmember White stated that it would be nice to have a status of all the ongoing projects,
like Light Up South Bend.
With no further business before the Council, Council President Scott adjourned the meeting at
4:32 p.m.
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Tim Scott, Council President