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HomeMy WebLinkAboutJanuary 1982_4L _ T A B L E OF C O N T.E N T S 1. AGENDA - HISTORIC PRESERVATION COMMISION MEETINGS II. MINUTES - HISTORIC PRESERVATION COMMISION MEETINGS III. BUDGET FROM: January 18, 1982 TO: historic. preservation commission of south bend and st. joseph county ROOM 1123 COUNTY CITY BUILDING south bend, indiana 46601 (219 284.9798) AGENDA OF THE REGULAR MONTHLY MEETING OF THE HISTORIC PRESERVATION COMMISSION January 18, 1982 Third Floor Conference Room 7:30 p.m. Room 323 - County/City Bldg. 1. Call to Order 2. Roll Call 3. Approval of Minutes - December 21, 1981 4. Treasurer's Report 5. Correspondence 6. Committee Reports a. Budget and Finance b. Historic Districts 1. Edgewater Place Historic District a). Demolition Requests for 601, 605 & 617 Lincolnway East c. Historic Landmarks d. Legal 1: Ordinance Amendment 2. New Lawyer - e. Public Relations & Community Education 1. Report on Architectural Guidebook Study f. Environmental Impact Statement g. Staff Report 1. Report on Progress of South Bend City Survey 2. Report on Progress Small Town Survey 3. Status of Chapin Park Historic District National Register Nomination - 4. Annual Report 7. Old Business a. By-laws 8. New Business a. Election of officers 9. Hearing of Visitors 10. Announcements & Miscellaneous Matters 11. Adjournment HISTORIC PRESERVATION UISSION BUDGET $17,1100 if Treasurer's Report as of Dec. 31, 1981 Line 1981 Current Balance Item Budgeted Bills 111 Historic Preservation Planner $ 13,600.00.% $ -0- 115 Research Assistant -0- -0- -0- 212 Postage 300..00, -0- -0- 213 Travel Expense 500.00 -0- -0- 215 Books 100.00E = - -0- -0- 241 Printing, Other than Office Supplies 300.00':` w -0- -0- 243 Photography and Blueprinting 250.00;' -0- -0- 244 Stationery and Printing 150.00 -0- -0- 252 Equipment 100.00 ; -0- -0- 261 Legal Services 800.00.; -0- -0- 263 Technical Assistance 500.00 -0- -0- 265 Publication of Legal Notices 100.00 -0- -0- 360 Office Supplies 300.00,- -0- -0- 570 Dues Subscriptions 100.00., -0- -0- Total $ 17,100.00 $ -0- $ -0- DNR Grant $ 1,924.52 $ 128.98 $ 104.16 Project City Survey $ 3,026.31 $ 300.00 $ 13.45 Project Small Town $ 5,500.00 $ 150.74 $4,024.20 Survey Southhold Restora- $ 1,500.00 $ 658.33 $ 403.43 tions historicpreservation- commission of south bend and st. joseph county ROOM 1123 COUNTY CITY BUILDING south bend, indiana 46601 (219 284-9798) Regular Meeting Third Floor Conference Room January 18,1982 7:30 p.m. M I N U T E S 1. Call to Order Mrs. Price called the meeting to order at 7:30 p.m. 2. Roll Call MEMBERS PRESENT: Mrs. Ruth Price, Mrs. Joann Sporleder, Mr. F. Jay Nimtz, Mr. Charles Hayes, Mr. Ted Wasielewski, Mr. Odell Newburn,, Mrs. Joyce Sherk MEMBERS ABSENT: Mr. David Reinke and Mr. John Oxian ALSO PRESENT: Karen Kiemnec, Preservation Planner, Jeanne Derbeck, Hannah Moore 3. Approval of Minutes The December 21, 1981 minutes were approved as written. Mr. Nimtz made the motion; Mr. Wasielewski seconded; passed unanimously. Mrs. Price noted that the April minutes, which were approved in May, did not report her appointment of a nominating committee consisting of: Mr. Nimtz, chairman, Mr. Wasielewski and Mr. Reinke. Mr. Reinke has not been in attendance so she replaced him with Mr. Newburn. 4. Treasurer's Report Ms. Kiemnec read the Treasurer's Report for December. She reported that she had cleared out the regular County Budget in November and that the final reimbursement of $1200 for the City Survey had been received from the Department of Natural Resources. Mr. Nimtz made a motion that the Treasurer's Report be accepted; Mr. Wasielewski seconded; motion passed. 5. Correspondence Ms. Kiemnec read the following correspondence: a. Historic Preservation magazine for January/February 1982 b. Campbell Center for Historic Preservation Studies Workshop Bulletin c. Brochure on Seminar for the Protection of Historic Architecture from Earthquakes d. Practicing Law Institute Tax Exempt Financing Sominars Bulletin e. Bulletin from Cornell University f. A letter from Community Development about the Community Development Block Grant application process for 1982 January 18, 1982 Page 2 5• Correspondence (cont.) g. A memo from the County Board of Commissioners asking for requests for non -budgeted special projects by January 25, 1982. h. A letter from the National Trust about results of a survey of S.H.P.O.'s. Mrs. Price added this item. 6. Committee Reports a. Budget & Finance - no report b. Historic Districts 1) Edgewater Place Historic District a. Demolition Requests for 601, 605 & 617 Lincolnway East Ms. Kiemnec reported that 609 Lincolnway East has been demolished and a contract has been awarded by the city for the demolition of the garage at 601. She read Mr. Freidline's letter dated December 30, 1981 (see Appen- dix A) and a memorandum from the Building Department (Appendix B). Mr. Wasielewski made a motion that the Planner write to Mr. Freidline telling him that the Commission will consult with Southold Heritage on the marketability of the structures and will respond to his request at the February meeting. Mrs. Sporleder seconded, motion passed. b. Edgewater Place Historic District Liaison Committee Rules Ms. Kiemnec passed out a copy of the proposed rules. Mr. Wasielewski moved to refer the rules to the Historic District Committee for approval at February's meeting, Mrs. Sporleder seconded; motion passed. c.. Historic Landmarks - no, report. d. Legal 1) Ordinance Amendment Mr. Nimtz reported on the problems of the present proposed amend- ments (see Appendix C) and he spoke to Mr. Lewis McGann to request that the matter be tabled by the Area Plan Commission for the time being. The Commission will consult with its attorney as well as the city attorney to revise the Amendment so that it is acceptable. 2) New Lawyer Mr. Nimtz reported that Mr. Kevin Butler will agree to be the Commission's attorney in an advisory capacity. Mr. Nimtz moved to offer the position of legal counsel to the Historic Preservation Commission to Mr. Butler and make a formal proposal to him for said services. Mr. Newburn seconded, motion passed. January 18, 1982 Page 3 e. Public Relations and Community Education 1) Report on the Architectural Guidebook Study Ms. Kiemnec read the letter she was directed by the Commission to write to Mr. Stamper (Appendix D). Mr. Hayes, as head of the Public Relations and Community Education Committee, reported that he would make additional inquiries into the possibility of the book being written and what the roles of Mr. Stamper and Ms. Kiemnec would be. f. Environmental Impact Statement - no report g. Staff Report 1) Report on the progress of the South Bend City Survey Ms. Kiemnec reported that Mrs. Price, Mr. Oxian and Mrs. Spor- leder, had reviewed the.Summary Report and suggested changes. She ,further reported that she will.make these changes and hope- fully, the book will go to Schilling's for printing this week. The printing of 200 copies will take three weeks to a month. 2) Report on the progress of the Small Town Survey Ms: Kiemnec reported that Kit Bernardi, the St. Mary's Intern that will be doing research on the St. Mary's Campus Buildings for the Historic Preservation Commission, began this week. 3) Status of Chapin Park Historic District National Register Nomination Ms. Kiemnec reported that the deadline for owner objection was on December 28, 1981. Since that time, the nomination has gone to Washington, D.C. for final approval. If there are no unfavorable comments from the Department of the Interior, the nomination should be finalized within forty-five days. 4) Annual Report Ms. Kiemnec distributed copies of the Annual Report which was turned in to the County Commissioners on January 15, 1982. 7. Old Business A. By - laws Ms. Kiemnec reported that Mr. Oxian had requested that the by-laws be tabled until next month's meeting. Mr. Newburn made such a motion; Mr. Nimtz seconded; motion passed. January 18, 1982 Page 4 7. B. Oddfellows Building Ms. Kiemnec read letters from the mayor (Appendix E) and the Area Plan Commission (Appendix F) about the Oddfellows Building. Mrs. Sporleder requested that the Preservation Planner make inquiries as to saving some or all of the terra cotta of the building. There was a consensus on the matter by the Commission. C. Computer Project Ms. Kiemnec reported that Mrs. Davisson's class at Notre Dame has begun entering the City Survey data into the computer. Mrs. Davi- sson would like to bring her class to a Commission meeting to familiarize them with the Historic Preservation Commission and then have them give a final presentation to the Historic Preservation Commission when the project is completed. D. Hedgerows Mrs. Sporleder reported that she spoke: to Dick Gantz and Nancy Long of the Historic Preservation Division of the Department of Natural Resources about landmark designation of the hedgerows and they had -no problem with it. Mrs. Sporleder requested that Mr. Oxian, Chairman of the'Landmarks Committee, make this his next project. 8. New Business A. Election of Officers Mr. Nimtz, chairman of the Nominating Committee, reported that his committee had nominated Ted Wasielewski as president, John Oxian as vice-president, Joann Sporleder as secretary, and Odell Newburn as treasurer. There were no nominations from the floor. Mr. Nimtz moved that the nominations be closed and that the secretary be in- structed to cast a unanimous ballet for the nominees.. The motion passed.unanimously. Mrs. Sporleder, on behalf of the Commission, thanked and commended the 1981 officers, especially Mrs. Price for her fine job as President. B. Conferences Ms. Kiemnec reported that the Historic Preservation Commission office has received notices about four conferences for the coming year which might be of interest: ].The Mayor's Conference on Economic Incentives for Rehabilitating Commercial Buildings in Indianapolis on January 21 for $40. 2.The Preservation Tax Incentives Conference in Chicago on March 22 and 23 for $75. 3.The Federal Projects and Historic Preservation Law Conference in Chicago on Apil 19 and 20 for $145. 4.The National Trust's Annual Meeting in Louisville, Kentucky -'on October 2-6. January 18, 1982 Page 5 Mr..Nimtz moved that if the Preservation Planner wished to go to the Preservation Tax Incentives Conference in Chicago on March 22 and 23, that the Historic Preservation Commission pay half the registration fee - $37.50. Mr. Hayes seconded; motion passed. 9. Hearing of Visitors - None 10—Announcements - No announcements 11. Adjournment Mr. Nimtz moved that the meeting be adjourned; Mrs. Sporleder seconded; motion passed. The meeting was adjourned at 9:15 p.m. N APPENDIX A r 2 726 East Washington St. • South Bend; Indiana 4661? !"233-2104 D"-v� 30, .1981. 15 APPENDIX B BUREAU OF BUILDINGS & PERMITS SOUTH BEND, INDIANA INTER -OFFICE MEMO TO: Karen L. Kiemnec, Preservation Planner FROM: James D. Markle, Building Commissioner SUBJECT: 601 - 605 - 617 Lincolnway East -Application for Wrecking Permits i DATE: ' January 18, 1982 The policy we have attempted to maintain is that an owner first obtain a certificate of appropriateness before any exterior remodeling or demolition permit can be issued for structures being located in a "historic district". These structures fall in this category and we will wait for a certificate from the Historic Preservation Commission. JDM:bb Richard L. Hill City Attorney Robert M. Parker Chief Deputy Thomas L. Bodnar Gregory O. Loughridge James A. Masters Carolyn V. Pfotenhauer Robert C. Rosenfeld Eugenia S. Schwartz Kathleen E. Skiba - APPENDIX C CITY of SOUTH BEND ROGER 0. PARENT, Mayor ` COUNTY.CITy BUILDING sOUrN BEND. INDIANA 46601 January 14, 1982 219/284.9241 Area Plan Commsision County -City Building; South.Bend, IN 46601 Re: Bill No. 140-81 Historic Preservation Commssion Proposed Amendments Gentlemen: This office has reviewed, the above Bill and we would make the follow- ing comments on three sections of the proposed ordinance amendments. These are: (1) Section 21-117.2(k) concerning the acceptance of gifts, (2) The penalty clause of Section 21-117.3(a), (3) The enforcement provisions of 21-117.2(1) and 21-117.3(6). The question involving Section 21-117.2(k) is raised by Karen Ki.emnec's letter of December 10, 1981 to the Common Council -stating that the intent of the Section is to allow the Commission to accept facade easements thereby granting tax benefits to owners of historic buildings. The Historic Preservation ordinance as initially enacted made provision in Section 21-117.2(b) for the Commission to accept real estate, interest in real estate, etc. through purchase, gift, ,grant, lease, legacy, bequest or endowment. This paragraph was sub- sequently repealed. The new Section 21.-117.2(k) provides for the Commission to accept monev for the purpose of historic preservation, but does not refer to the acceptance of real estate or an interesr_ to 17Q.11 estate which would appear be applicable to facade easemf'nt�. i havl2 not reviewed the provisions of the Internal Revenue Code i:l r_hi.s rep-ard or researched the issue of what interest in land a huildinp Facade may constitltr_f,, but I would suggest that this Area Plan Commission Jan. 14, 1982 Page 2 paragraph be reviewed further to make certain that a gift of money is broad enough to cover elements of real estate law and the Internal Revenue Code as they deal with facade easements. The next issues of penalties and enforcement can be considered to- gether. Historical review of the Historic Preservation Commission inception should be made and is necessary to consideration of its powers and duties. It appears that the ordinance was first enacted in 1973. The first historic preservation statute was enacted in 1977 in IC 18-7-22. The present historic preservation statute is IC 36-7-11. Provision is made in the latter statute to exclude a unit_ established by ordinance before July 1, 1977. The Historic Preservation Commission ordinance was enacted as a part of the zoning ordinance. Research has not been done as to whether the St. Joseph County Council adopted a similar historic preservation ordinance. The City ordinance does provide for the Board of Commissioners to appoint members to the Commision. Some ambiguity is created as to whether the jurisdiction of the Commission is limited to the City or is also county wide. Since the Historic Preservation Commission ordinance is a part of the zoning ordinance, question is raised as to whether the Historic Pre- servation Commission can have penalty clauses and enforcement pro- visions separate from the zoning ordinance itself. The zoning ordi- nance in 21-166(a) provides for penalties of not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) for violation thereof. Subsection (c) of the same section provides for the City attorney to enforce violations of the ordinance. Section 21-2 provides, "The Building Commissioner shall see that this chapter is enforced through the proper legal channels." IC 36-1-3-8(10) does provide that a city may enforce penalties to a maximum of $2,500.00. The zoning code has not been amended to utilize this new maximum penalty. There is thus a conflict presented as to the amount of the penalty between the general provisions of the zoning code and the proposed specific new provisions of the historic preservation ordinance. A further question is presented as to the powers of enforcement. An even more basic question is presented as to whether the Historic Pre- servation Commission is in fact a commission or agency of the city. IC 36-4-9-12 originally provided that the city attornev would give legal advise to officers and devartmenrs of Che city. The 1981 amendmen!_- to that section provides r:h:it `:-(- ct. v =,rtorney shalt ulive legal advice to the officers, board, commissions, and oth•'r %i=oncies of rh Cl.`'.'. The LSS!!r j.S Fur rhe i cOmC")1 iret„ ;) + �;r , .bc)'. .. nC)ted that ti1F3 iS�C)rl ')r "it?C"_ it 1. )t"� (',n'^, l .{i:�r1 ;) li ;1 j);j," i the onln"!, H :\rea PLan Comm i. s:, _ Jan. 14, 1982 Page 3 ordinance which i_s to be enforced by the city attorney. It would appear under the present state of the law and without amendments bein made to the Hiscoric Preservation Commision ordinance that any violations of shat ordinance would be referred to the city attorney for action and that he already has the power of injunctive relief as granted under Section 21-166(c) of the zoning ordinance. Thus Section 21-117.3(a) appears to be in conflict with the general penalty provisions of the zoning ordinance. Sections 21-117.2(1) and 21-117.3(b) give no powers. to the city attorney (or the Building Commissioner under 21-117.2(e)(7) providing for his duty to enforce) not already reposed there, and if in derogation of these powers and duties would be in conflict with -state statute. Very truly yours__, -P,ober't M. Parker l� ' Chief Deputy City Attorney RMP /c 1.t e APPENDIX D historic preservation commission Of south bend and st. joseph county ROOM 1123 COUNTY CITY BUILDING -mouth bend, indiana 46601 1219 284-97981 23, 1981 ?r. John W. Stamper Architect 307 North Victoria Street Mishawaka, IN 46544 Dear John: At its December 21 meeting, the Historic Preservation Commission discussed the architectural guidebook project undertaken by you, Jim Mullins and Southhold Restorations. The Commission reiterated its feelings about the fine work you have done in the past and would like to encourage -you to continue your involve - :rent in this project. Sincerely, aren L. Ki e nnec Pr, -serval ion Planner Jill Mul I ins S0u,hh0.1d Restorations, Inc. OFFICE OF THE MAYOR APPENDIX E CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 December 31, 1981 Ms. Karen L. Kiemnec Preservation Planner Historic Preservation Commission Room 1123, County -City Building South Bend, Indiana 46601 Dear Ms. Kiemnec: AREA 219 284.9261 Thank you for your letter of December 22 requesting me to take action to halt the demolition of the Odd Fel- lows Building. Two years ago I asked the Redevelopment Commission to halt their plans to demolish the building in order to give me and their staff an opportunity to seek developers to renovate the building. The Redevelopment staff and other city staff people have worked hard over.the past two years with four different developers, two of whom dropped out of their own accord after they determined it was not feasible for them to undertake the project. After these concerted efforts and recent discussions with the Redevelopment Commissioners, I suggested to them that they proceed with the demolition of the building. In that there has been no new significant information presented on this issue, I cannot justify asking them for additional time. As I have stated previously, this issue is now in the hands of the Redevelopment Commissioners. I have, therefore, referred your letter to them for their review. Sincere , Roge arent ROP: ymf APPENDIX F AREA PLAN COMPr11SSION OF ST. JOSEPH COUNTY. IN Room 1140 County -City Building South' Bend, Indiana 46601 January 15, 1982 Mrs. Irene Gammon, City Clerk 4th Floor, County -City Building South Bend, Indiana 46601 RICHARD S. JOHNSON Executive Director ( 219 ) 284-9571 RE: Proposed designation of property located at 104 S. Main Street (Odd Fellows Building) Dear Mrs. Gammon: The Staff of the Area Plan Commission has reviewed the Historic Preservation Commission's proposed designation of the above property as a historic landmark with respect to the relationship of said property to any capital improvements proposed for nearby rights-of-way, easements or properties. We find that, since the City of South Bend is proposing capital improvements that conflict with this structure', we cannot return a favorable recommendation to the Historic Preservation Commission or the Common Council. Sincrely, David B. Behr Planner DBB:sr Attachment CC: Historic Preservation Commission serving: rrosel3nd & St. Joseph County, IN