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October 2000
AGENDA OF THE OCTOBER 2000 MONTHLY MEETING 7TH Floor County -City Building County Commissioners Conference Room Monday, October 16, 2000 7:30 pm H ■ I. Call to Order II. Public Hearing A. Certificate of Appropriateness T� 1. 2000-0824 — 521 S. St. Joseph, siding. B. Proposed Local Landmarks, 2nd Reading 1. Norfolk & Southern R.R. Bridge next to Angela ■ III. Regular Business A. Approval of Minutes (September) B. Treasurer's Report C. Correspondence P D. Committee Reports 1. Historic District E a. Taylor Field's Guideline Books 2. Historic Landmarks 3. Standards and Maintenance E E. Staff Reports 1. Cof A Staff Approval (see attachment) " 2. Legal 3. Miscellaneous Activities & Grants AML IV. Old Business V. New Business ■ VI. Hearing of Visitors O VII. Announcements and Miscellaneous Matters VIII. Adjournment ■V HPC MEETING October 16, 2000 Please sign your name, address and telephone number. Take an Agenda. Welcome Name . Address Telephone 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. Standards and Maintenance Committee Report Members present: Catherine Hostetler, Jerry Ujdak and Martha Choltz I-roperty: 521 South St. Joseph AKA Dismis House September 29, 2000 The three members of the committee performed an on site evaluation of the exterior of the house. It was decided that under no circumstances should this house be sided with vinyl or aluminum siding. We felt that this would cause additional deterioration as well as irreparable damage to the building. The house should be scraped and all rotting wood replaced and repaired. It should then be stained with a high quality exterior stain. We felt that stain would be preferable to paint. Sources of funding should be identified for this project, possibly going to the University which houses it's students there along with the parolees. Joann Sporleder was out of town when the committee met. I believe she conducted an on site evaluation of her own on the previous Saturday. We would ask the staff to contact her for her opinion. It was also noted that the house directly next door to the north of 521 is in dire need of repair and paint and should be reported to Code Enforcement, We noted missing clapboards, and considerable rot and lack of paint. Another house two doors to the south of 521 had a rotting sofit on its north side. Martha Choitz and Catherine Hostetler also noted in a drive though the North St. Joseph Local Historic . District that the lots created by the demolition of the two homes by the Near Northwest Neighborhood still have not been landscaped and appear to have been used as a parking lot for trucks. STAFF REPORT CONCERNING APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS Application Number: 2000-1011 Property Location: 531 Edgewater Property Owner: Joseph & Judith Pietrzak Landmark or District Designation: LHD-EP Rating: C/9 STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT Real Estate developers, Whitcomb & Keller, built this house in 1923. They rented the house out to various tenants over the next 23 years. The first renters were Dr. Milo Miller and his wife; Frieda resided here for nine years. Dr. Miller was a pediatrician; he served as chief of staff of the Northern Indiana Children's Hospital and was the president of the medical staff of the Children's Dispensary. The house was eventually sold in 1946 to George Grummell, owner of Grummell & Sons and the Community Coal Company. George married Jane O'Sullivan in 1937; together they began renting this house from Whitcomb and Keller in 1941, purchasing it five years later. The couple resided here until 1950 when it was sold to John C. Johnson and his wife Opal. They sold the property a year later to Miles King, a sales representative for Dor-Wix Distributors Inc. Mr. King only owned the house for three years, selling it in 1955 to William Shuba, the executive director for the Hearing Society of St. Joseph County. William sold the house in 1958 to John D. Roys, who in turn sold it to Dr. Franklin Booth in 1961. The current owners, Joseph and Judith Pietrzak, eventually purchased the house in 1989. RECOMMENDATION The Preservation Guidelines for Edgewater Place Local Historic District follow the Rehabilitation Model. The applicant is requesting to replace two louvered windows located on the first floor, east fagade with Wenco double -hung, white, solid vinyl windows with 8 over one mutin division, identical to those located on the west fagade. The new windows will be the same size, requiring no alterations of the opening. The staff finds the proposed alterations to be more in character to the style of the house then the existing louvered windows. Since no alteration will be made to the size of the openings and the windows will be identical to those on the west fagade, the staff recommends approval. 0) John Oxian, President October 11, 2000 South Bend and St. Joseph County HISTORIC PRESERVATION COMMISSION 227 WEST JEFFERSON BLVD. RM 1123 SOUTH BEND, IN 46601-1830 Phone: 219-235-9798 Fax: 219-235-9578 e-mail: historic@michiana.org A Certified Local Government J. Edward Talley, Executive Director MEMO The Historic Preservation Commission Staff just received an application for window replacement for 531 Edgewater. Because of the urgency needed to finish the project it will be added to the October agenda as #2 under Certificates of Appropriateness. As a result of the time constraints the staff was unable to write a staff report. The staff will give its recommendation at the meeting on the 16th. Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable COMMISSIONERS Martha Choitz Richard Helmus Jerry Weiner (Treasurer) Mary Jane Chase Catherine Hostetler (Vice -President) Gerald Ujdak (Secretary) vacant Joann Sporleder (Historic Architect) Cheryl Greene(Attomey) /o V - .,?©Ua _. a Z"k oz�Z s�a FEATURES Vinyl double -hung windows Our vinyl double -hung has the proportions and styling of a classic wood double -hung window. Both sashes open for controlled ventilation. Fusion -welded corners make our double -hung extremely strong and watertight. It's available in white or beige color, and it's entirely, maintenance -free, no paint- ing needed inside or out! Perhaps the best thing about our vinyl double -hung is that you can install it without removing your old window frame! We call it a Pocket Window, because it's designed to fit into the pocket formed by the frame of your old window. just follow our simple instructions for removing your old window sash- es and stops. Your new window will slide into your old window frame. In most cases, you won't need to disturb your siding, storm windows, drywall, or window trim. This can be a great savings in time and cost. Frame. The frame is made of extruded vinyl. Our exclusive vinyl compound has a smooth finish that wipes clean easily. The finish can't chip or peel because the color goes all the way through the vinyl mater! - al. The frame corners are fusion -welded for an extremely strong and watertight seal. Vinyl is an excel- lent insulator, in fact, our vinyl double -hung insulates better than a wood double -hung window. Sashes. The sashes (the frames that hold the glass), are made of the same vinyl material as the frame. Both our upper and lower sashes open to allow controlled ventilation. You'll love the way our sashes tilt -in, allowing you to wash the outside of the glass from inside your home. Sash Lock. A stylish sash lock is installed. The heavy-duty lock pulls the sashes together tightly for security and weathertightness. Glazing. Our PPG Intercept' insulated glass technology is energy-efficient and eliminates or reduces moisture condensation on the glass. The advanced spacer design is so dependable that it comes with a limited lifetime warranty against seal failure of the insulated glass (see warranty for details). Weatherstripping. The high-quality weatherstrip provides a tight seal around the entire sash. OPTIONS Screen. Fiberglass screening in a heavy-duty aluminum frame, prefinished in white or beige.* Internal Muntins. Prefinished aluminum grilles permanently sealed between the insulated glass. Low -E Glass. Helps keep your home cooler in the summer and warmer in the winter. Special Sizes. Available in 1/4" increments in width and height at no premium charge. *IMPORTANT NOTE, WENCO's insect screens are intended to allow air and light in, and to keep insects out The WENCO insect screen is not intended to stop children from falling out an open window. For safety screens and other security devices, contact your local building supply retailer. The term 'heavy-duty" refers to architectural class (C -24s) per ANSI/SMA 1004-1987 standard. 0 X., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND & ST. JOSEPH COUNTY MINUTES September 18, 2000 7t' Floor, Commissioner's Conference Room 7:30 p.m. County -City Bldg., South Bend, IN. MEMBERS PRESENT: STAFF PRESENT: Catherine Hostetler, Gerald Ujdak, Martha Choitz, Joann Sporleder, Jerry Weiner, Richard Morrison Richard Helmus, Mary Jane Chase John Oxian, Acting Director; Rhonda Saunders, Assistant Director; Cheryl Greene, Counsel ALSO PRESENT: Ronald Joers, Scott Rozanski, Maria Kaczmerick, John Hostetler, Tamara Sexton, William Fox, James Masters PUBLIC HEARING — 7:30 p.m. CATHERINE HOSTETLER: I would like a motion to suspend the agenda. MARTHA CHOITZ: I move to suspend the agenda. JERRY WEINER: I second the motion. After due consideration, the following action was taken: Upon a motion by Martha Choitz, being seconded by Jerry Weiner and carried unanimously the agenda was suspended. 1. PROPOSED LOCAL LANDMARKS, 2ND READING A. Riverview/Highland Cemetery — 2300 & 2257 Portage Avenue JAMES MASTERS: I am here tonight on behalf of Highland and Riverview Cemeteries. It is my understanding that the Commission wants to designate portions of these cemeteries as local landmarks. Those structures and sites being Riverview Cemetery's' crematory, columbarium, Gatehouse, Receiving Tomb, LaSalle's Landing and Highland Cemetery's' Old Mausoleum. I met with the owners of the cemeteries, John Oxian and Ed Talley in July on site to discuss the pros and cons of landmark status 1 93 After due consideration, the following action was taken: 94 95 Upon a motion by Martha Choitz, being seconded by Gerald Ujdak and carried 96 unanimously, proposed local landmarks at 2257 and 2300 Portage Avenue, i.e., 97 Riverview Cemetery's' columbarium, crematory, receiving tomb, gatehouse and 98 LaSalle's Landing and Highland Cemetery's' Old Mausoleum, be sent to the Common 99 Council with a favorable recommendation. 100 101 102 B. Hager House — 415 W. Wayne. 103 104 JOHN OXIAN: I would like to table this issue until December 18, 2000. 105 106 RICHARD MORRISON: I move to table 415 W. Wayne until December 18, 2000. 107 108 JERRY WEINER: I second the motion. 109 110 After due consideration, the following action was taken: 111 112 Upon a motion by Richard Morrison, being seconded by Jerry Weiner and carried 113 unanimously, proposed local landmark 415 W. Wayne was tabled until December 18, 114 2000. 115 116 C. Masonic Temple — 427 North Main 117 118 JOHN OXIAN: I would like to table this issue until January 2001. 119 120 RICHARD MORRISON: I move to table 427 N. Main until January of 2001. 121 122 JERRY WEINER: I second the motion. 123 124 After due consideration, the following action was taken: 125 126 Upon a motion by Richard Morrison, being seconded by Jerry Weiner and carried 127 unanimously, proposed local landmark, 427 N. Main was tabled until January of 2001. 128 129 D. Scottish Rite Temple — 405 North Main 130 131 JOHN OXIAN: I would like to table this issue until January 2001. 132 133 RICHARD MORRISON: I move to table 405 N. Main until January of 2001. 134 135 JERRY WEINER: I second the motion. 136 137 After due consideration, the following action was taken: 138 3 47 and to determine which portions of the cemeteries should be landmarked. The owners 48 take pride in the historic nature of the cemeteries and are only too happy to comply with 49 the Commissions request to landmark the aforementioned structures and site. They 50 would also like to work with the Commission in eminent repairs to the Riverview 51 Gatehouse. 52 53 CATHERINE HOSTETLER: Thank your Mr. Masters. I will now close the 54 public portion of this discussion and open it to the Commissioners. 55 56 JOANN SPORLEDER: I do not seem to have any report for this property. 57 58 RHONDA SAUNDERS: The Commission received a staff report several months ago 59 concerning this proposed landmark, however, that report will not reflect the individual 60 properties. The staff was unaware of these alterations to the proposal. A new report will 61 be written and submitted to the Commission for their personal records at a latter date. 62 63 JOANN SPORLEDER: Why is the Council Oak site not included among the chosen 64 sites. 65 66 JOHN OXIAN: We discussed this issue at Julys meeting at which time it was 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 decided that there was no vacant land around the trunk, making it very difficult to section of this area for designation. JAMES MASTERS: The remnant of the tree trunk is still there as is a plaque designating the trunk, however, there are tombstones leaning up against the trunk making it impossible to cord off a section for landmark status. JOANN SPORLEDER: Can we simply mention the site in the landmarking of these structures with out landmarking it? CHERYL GREENE: There really is nothing to landmark and only items to be landmarked can be placed into the ordinance and staff report. JOHN OXIAN: The trunk could be mentioned in a resolution. JAMES MASTERS: I would invite the Commission members to go out and visit the site to see how close the tombstones are to the tree trunk. 85 MARTHA CHOITZ: I have been to several historic areas where they place 86 plastic or glass over the fallen tree etc., and place a plaque to commemorate it and its 87 historical importance. I move to send proposed local landmarks at Highland and 88 . Riverview Cemeteries, as submitted by James Masters, to the Common Council with a 89 favorable recommendation. 90 91 GERALD UJDAK: I second the motion. 92 2 139 Upon a motion by Richard Morrison, being seconded by Jerry Weiner and carried 140 unanimously the proposed local landmark at 405 N. Main was tabled until January of 141 2001. 142 143 E. Plank House —19701 Cowles 144 145 JOHN OXIAN: Both Mrs. Choitz and Mrs. Saunders know that the owner has 146 given consent with the stipulation that only the lot the house sits on be included in the 147 landmark designation and not the two vacant lots to the north. 148 149 MARTHA CHOITZ: I move that proposed local landmark at 19701 Cowles be 150 sent to the County Council with a favorable recommendation. 151 152 RICHARD MORRISON: I second the motion. 153 154 After due consideration, the following action was taken: 155 156 Upon a motion by Martha Choitz, being seconded by Richard Morrison and 157 carried unanimously, proposed local landmark 19701 Cowles be sent to the County 158 Council with a favorable recommendation. 159 160 F. R. R. Bridge 161 162 JOHN OXIAN: I would like to table this issue until October 16, 2000. 163 164 RICHARD MORRISON: I move to table the R.R. Bridge until October 16, 2000. 165 166 JERRY WEINER: I second the motion. 167 168 After due consideration, the following action was taken: 169 170 Upon a motion by Richard Morrison, being seconded by Jerry Weiner and carried 171 unanimously, the proposed local landmark R.R. Bridge across the St. Joseph River was 172 tabled until October 16, 2000. 173 174 G. Klaer House — 716 Sherman 175 176 JOHN OXIAN: I would like to table this issue indefinitely. I spoke with a 177 representative if the ministry who expressed other ideas for the house and would like 178 more time to work with the Commission 179 180 RICHARD MORRISON: I move to table 716 Sherman indefinitely. 181 182 JERRY WEINER: I second the motion. 183 184 After due consideration, the following action was taken: G! 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 Upon a motion by Richard Morrison, being seconded by Jerry Weiner and carried unanimously the proposed local landmark at 716 Sherman was tabled indefinitely. CATHERINE HOSTETLER: I would like a motion to return to the agenda. JOANN SPORLEDER: I move to return to the agenda. GERALD UJDAK: I second the motion. After due consideration, the following action was taken: Upon a motion by Joann Sporleder, being seconded by Gerald Ujdak and carried unanimously the agenda was re -instituted. 2. CERTIFICATE OF APPROPRIATENESS APPLICATIONS A. 2000-0809 — 511 W. Colfax, removal of paving. Mrs. Saunders read the staff report. JOANN SPORLEDER: I think the Commission should request a plan illustrating where the trees are to be located, what paving is to be removed and what type of trees are to be planted. CATHERINE HOSTETLER: Mrs. Sexton, do you have a drawing illustrating Mrs. Sporleders questions? TAMARA SEXTON: I do not have a drawing; we simply want to plant some trees to block the view of the shop behind us. JOANN SPORLEDER: I do not believe the Commission should approve this application with out complete documentation. MARTHA CHOITZ: I believe that a motion should be made which stipulates that the Commission Staff notify the owner, in writing, of the needed documentation. JOANN SPORLEDER: I move to table this application until the owner submits additional supporting evidence of their intent and plans. MARTHA CHOITZ: I second the motion. After due consideration, the following action was taken: Upon a motion by Joann Sporleder, being seconded by Martha Choitz and carried unanimously, application 2000-0809 was tabled until the applicant submits further information. 5 231 232 B. 2000-0810 —112 S. Lafayette, roof lighting. 233 234 RHONDA SAUNDERS: The reading of the history of this particular structure has 235 been read into the minutes at previous meetings and thus will not be read tonight. 236 237 SCOTT ROZANSKI: I am Scott Rozanski of Herceg & Associates. I am here to 238 request that the monumental lighting be approved. Other alternative lighting fixtures 239 were looked at as well as other placement. The level of illumination and lighting is 240 appropriate. 241 242 RICHARD MORRISON: When you say the lighting was recommended, who 243 recommended it? 244 245 SCOTT ROZANSKI: The lights were recommended by Herceg and Associates to 246 address the County Commissioners desire for monumental lighting. 247 248 GERALD UJDAK: I would like to recommend that the Chair briefly outline the 249 history behind these roof top lights for Mr. Morrison who is new to the board and this 250 topic. 251 252 CATHERINE HOSTETLER: The lights were thought to have been part of the 253 original Certificate of Appropriateness by Herceg and Associates, when in fact they were 254 not addressed. Per discussions with Herceg and Associates and our Legal Counsel it was 255 determined that the lights had not been approved. However, Herceg and Associates had 256 already installed the lights and are now formally applying. 257 258 GERALD UJDAK: Herceg and Associates stated in the past that smaller light 259 fixtures were seriously considered but some how the larger units ended up being 260 installed. 261 262 SCOTT ROZANSKI: The larger units were chosen because it would take twice 263 as many of the smaller lights to illuminate the top of the cupola versus the four larger 264 lights. 265 266 JOANN SPORLEDER: I am concerned that any action taken by the Commission 267 tonight may or may not affect the state funding. I would request that this application be 268 sent down state for comments with special note to any affect it may have on the federal 269 funding. 270 271 CHERYL GREENE: I did talk to the people in the State Office who have 272 decided to leave this issue at the local level and no further comment would be received 273 from them. 274 275 JOANN SPORLEDER: I would still like a copy to go to the State Office with a 276 request for their opinion regarding this issue and the federal funding. 277 CHERYL GREENE: I can re -contact the State Office, however, I believe that all 278 matters regarding this issue would be referred back to this Commission. The Commission 279 could table this application until November to allow me time to contact the State. 280 281 JOANN SPORLEDER: I move to table application 2000-0810 until November 20, 282 2000. 283 284 RICHARD MORRISON: I second the motion. 285 286 After due consideration, the following action was taken: 287 288 Upon a motion by Joann Sporleder, being seconded by Richard Morrison and 289 carried unanimously, application 2000-0810 was tabled until November 20, 2000. 290 291 C. 2000-0821-112 S. Lafayette, rear entry. 292 293 RHONDA SAUNDERS: This is the same structure as the previous application and as 294 such the staff will forego reading the history. The applicant is requesting a change in 295 previously approved plans. 296 297 SCOTT ROZANSKI: We are talking about the three small panels above the rear 298 door. An entablature will be created above the door with a profile similar to the front 299 entrance. 300 301 RICHARD MORRISON: I move to approve application 2000-0821 as presented. 302 303 JOANN SPORLEDER: I second the motion. 304 305 After due consideration, the following action was taken: 306 307 Upon a motion by Richard Morrison, being seconded by Joann Sporleder and 308 carried unanimously, application 2000-0821 was approved as presented. 309 310 D. 2000-0823 — 830 N. Michigan, test wells. 311 312 RHONDA SAUNDERS: This property has been before the Commission previously, 313 thus, the staff will forego the reading of the history. I talked with Mr. Wiltrout earlier 314 regarding the affect the test wells would have on surrounding trees. He assured me that 315 no trees would be affected. I tried to contact him again with questions submitted to the 316 staff by John Oxian, but, was unable to reach Mr. Wiltrout before this meeting. 317 318 JOHN OXIAN: I would like the Commission's motion to include a follow up on 319 any roads that have to be installed, replacement of sod, etc. 320 321 CATHERINE HOSTETLER: You would like the motion to stipulate that the site 322 where the wells are to be installed be restored? 7 323 JOHN OXIAN: Yes, with the note that I follow up on everything, especially the 324 possibility for a utility road to get to the sites. 325 326 GERALD UJDAK: Will these end up with six-foot tall motors and concrete blocks, 327 like existing wells? 328 329 JOHN OXIAN: The application does not stipulate what will go on top of the wells. 330 I would suggest that the Commission table this application to allow me time to get more 331 answers at tomorrows Water Works Board meeting. 332 333 JOANN SPORLEDER: I move to table application 2000-0823 until October 16, 334 2000 to allow the applicant time to submit more information about destruction of 335 landscaping, replacement of landscaping, and intent to convert to permanent wells. 336 337 JERRY WEINER: I second the motion. 338 339 After due consideration, the following action was taken: 340 341 Upon a motion by Joann Sporleder, being seconded by Joann Sporleder and 342 carried unanimously, application 2000-0823 was tabled until October 16, 2000. 343 344 The Commission received the needed information on September 25, 2000 from Water 345 Works with a request that the Commission act as quickly as possible to allow the project 346 to start. A majority of the Commission members present at the September 18, 2000 347 meeting took a phone vote regarding application 2000-0823 on September 26, 2000. The 348 out come was as follows: Catherine Hostetler moved to approve the application 2000- 349 0823 with the stipulation that they only install test wells, that the ground around trees be 350 protected to the drip line, that all landscaping be returned to original state (pre -drilling) 351 and that no permanent wells can be installed with out first obtaining approval from the 352 Historic Preservation Commission of South Bend & St. Joseph County. The motion was 353 seconded by Gerald Ujdak with Joann Sporleder and Martha Choitz voting in favor of the 354 motion. 355 356 357 E. 2000-0824 — 521 S. St. Joseph, siding. 358 359 Mrs. Saunders presented the staff report and circulated photographs. 360 361 MARIA KACZMARICK: The Dismas House is a non-profit agency that simply does 362 not have the funds to paint the house every five years. The house was professionally 363 painted a few years ago and it is already pealing. I am also having problems finding 364 contractors who will deal with an historic building. 365 366 JOHN OXIAN: This application should be placed into the Standards and 367 Maintenance Committee to allow committee members to go inspect the house and make a 368 recommendation for denial or approval of the application. 8 369 MARIA KACZMARICK: I would like to know if the Commission or the City is 370 planning to dump some money into this neighborhood. It is mostly made up of non-profit 371 agencies and apartments none of which will put money into these properties. 372 373 MARTHA CHOITZ: Lincolnway East was very much the same as Taylor's Field 374 when we first designated it as a Historic District and it took them 15 years to turn around. 375 You cannot expect the neighborhood to change over night. The funding ordinarily comes 376 from the owner. 377 378 GERALD UJDAK: It is not in the Commissions makeup to be able to financial 379 support historic properties. 380 381 MARIA KACZMARICK: You can't help us search for funding? 382 383 JOHN OXIAN: We can try to help you find funding. The profit making properties 384 can try to place properties on national register for tax credits. I have talked to John Hunt 385 regarding preserving this area at which time he was very supportive. It might be time to 386 meet with him again to see if they are interested or planning on putting City money into 387 this area. 388 389 JOANN SPORLEDER: I move to place application 2000-0824 into the Standards 390 and Maintenance Committee. 391 392 GERALD WEINER: I second the motion. 393 394 After due consideration, the following action was taken: 395 396 Upon a motion by Joann Sporleder, being seconded by Gerald Ujdak and carried 397 unanimously, application 2000-0824 was placed into the Standards and Maintenance 398 Committee. 399 400 401 F. 2000-0825 — 832 N. Lafayette, renovations. 402 403 Mrs. Saunders presented the staff report. 404 405 RHONDA SAUNDERS: A majority of the commission members met with the 406 architect, Mr. Arndt, approximately a week ago to tour the sight. During this meeting the 407 Commission discussed amendments to this application, which included retainment of the 408 granite step and replacement of all removed trees and bushes. 409 410 JOHN OXIAN: It was also determined that two windows should be saved as well 411 as the bell on the north fagade. 412 413 JOHN ARNDT: I am John Arndt, architect with Hibbard and Hibbard, the 414 architectural firm contracted by the South Bend School Corporations to design the 6 415 renovations. As you will remember I had Wassaw and Effco each install a window unit 416 in the building to best resemble the existing so the Commission could see examples in 417 place. 418 419 The west entrance will become the only entrance when school is in session for security 420 purposes. As such it has to be handicap assessable, making the removal of the granite 421 step necessary. I would like to reuse it for office counter top and/or for benches. 422 423 JOHN OXIAN: We have to make sure that the reuse of the granite be detailed in 424 the minutes and permit so it does not disappear. 425 426 JOHN ARNDT: We plan to retain and refinish the window in the phone room. 427 428 The sample windows are the result of a long search for manufacturers who could 429 produce a window that met the school standards as well as the historic standards. 430 Window Company "W" replicated the existing windows, while the other company tried 431 to use more stock parts. 432 433 JOANN SPORLEDER: Will the window mutins and designs be replicated in some 434 way? 435 436 JOHN ARNDT: The manufacturer of window "W"has has the same mutin designs and 437 details of the existing windows while complying with the school's requirements. 438 439 MARTHA CHOITZ: The parking lot that will be placed in Leeper Park, will that 440 be owned by the School or the Parks Department. 441 442 JOHN ARNDT: The Park Board just recently approved the plans for the parking 443 lot. The School will construct the parking lot, maintain it and have reserved parking, but, 444 the Parks Department will retain ownership. 445 446 MARTHA CHOITZ: Will the parking lot be screened? 447 448 JOHN ARNDT: There are three islands, each with a tree which offers green space 449 and brick piers will be installed at the entrance. The trees currently existing in the tree 450 lawn will also be retained. 451 452 JOHN OXIAN: I would like the Commission to make a motion to ensure a member 453 of the staff and a member of the commission will be used as liaisons while the project is 454 under way to handle any questions or problems that may arise. 455 456 JERRY WEINER: I move to approve application 2000-0825 with the stipulations that 457 all large vegetation that is removed be replaced, that the bell on the north fagade be 458 retained, that two original windows be retained, that replacement window known as "W" 459 is used, that the granite stoop on the west elevation be reused with in the building and that 460 a member of the staff and commission be used as troubleshooters during this project. 10 461 RICHARD MORRISSON: I second the motion. 462 463 After due consideration, the following action was taken: 464 465 Upon a motion by Jerry Weiner, being seconded by Richard Morrison and carried 466 unanimously, application 2000-0825 was approved with the stipulation that all large 467 vegetation that is removed by replaced, that the bell on the north fagade be retained, that 468 two original windows be retained, that replacement window "W" be used, that the granite 469 step be reused and that a staff member and commission member be used as 470 troubleshooters during the project. 471 472 G. 2000-0828 —1512 E. Wayne, soffit vents. 473 474 Mrs. Saunders presented the staff report. 475 476 MARTHA CHOITZ: Will they reuse the old beaded soffit? 477 478 RHONDA SAUNDERS: The contractor will reuse the old soffit. 479 480 JOANN SPORLEDER: I move to approve application 2000-0828 as submitted. 481 482 GERALD UJDAK: I second the motion. 483 484 After due consideration, the following action was taken: 485 486 Upon a motion by Joann Sporleder, being seconded by Gerald Ujdak and carried 487 unanimously, application 2000-0828 was approved. 488 489 H. 2000-0829 —129 Franklin, porch. 490 491 Mrs. Saunders presented the staff report. 492 493 RHONDA SAUNDERS: Since this property has had a staff report read into the 494 minutes in the past it will be waived tonight. I spoke with the property manager 495 discussing the need for a Certificate of Appropriateness for all work down to the exterior. 496 He proceeded to remove the existing porch railings and columns with out a permit and 497 replaced the columns with round -fluted columns. The property manager has not replaced 498 the railings as of yet. He had originally stated that he would replace the columns and 499 rails with a product as similar as possible to the originals. He has obviously not tried 500 very hard to find columns similar to the originals. The Staff fears he will do the same 501 with the railings, so it would behoove the Commission to make the motion as detailed as 502 possible. 503 504 JOHN OXIAN: I was the one who discovered that the property manager had 505 started working on the porch with out a permit. I instructed Rhonda to write a letter to 506 the owner regarding this matter and the poor condition of the house at 127 Franklin. The 11 507 staff has placed a stop work order on this property and would like to see the cheap 508 replacement columns removed and columns more like the originals installed. The house 509 around the corner on Jefferson Street has the same type of columns and railings as those 510 originally on the house at 129 Franklin. 511 512 CATHERINE HOSTETLER: Columns like those original to the house can be 513 found at any home improvement store. 514 515 JOHN OXIAN: The same exact porch, i.e., railings and columns, exist on the house 516 next store, facing Jefferson. 517 518 MARTHA CHOITZ: I move to approve work on the porches for application 519 2000-0829 as stipulated in the record tonight, that the replacement columns be removed 520 and replaced with a column identical to the original and that the railings around the 521 porches be replaced with a railing of the same height, width, placement, number of slats 522 and same top and bottom railing as the original. 523 524 RICHARD MORRISON: I second the motion. 525 526 After due consideration, the following action was taken: 527 528 Upon a motion by Martha Choitz, being seconded by Richard Morrison and 529 carried unanimously, application 2000-0829 was approved with the stipulation that the 530 columns be replaced with ones more closely resembling the originals and that the railings 531 be replaced with ones of the same size, height, width, style, slat numbers and placement 532 as the original. 533 534 CATHERINE HOSTETLER: I would like a motion to suspend the agenda. 535 536 JOANN SPORLEDER: I move to suspend the agenda. 537 538 JERRY WEINER: I second the motion. 539 540 After due consideration, the following action was taken. 541 542 Upon a motion by Joann Sporleder, being seconded by Jerry Weiner and carried 543 unanimously, the agenda was suspended. 544 545 3. STAFF REPORTS 546 547 A. C of A Staff Approvals 548 See Attachment 549 550 551 552 12 553 B. Legal 554 555 CHERYL GREENE: There are two items that legal needs to bring to your 556 attention, the first is in regards to the proposed landmarking of the Norfolk Southern 557 railroad bridge. I received a call from Norfolk Southerns' attorney, Randal Noe, during 558 which he expressed a great deal of concern over the railroad giving up any control over 559 this property. I am currently looking into the Interstate Transport Act, which he has cited 560 to see if there is any Federal Pre-Emption that would apply to any actions taken here. 561 That is why I have asked that the Commission table this proposed local landmark until 562 October to allow more time to explore this issue. 563 564 The second item refers to the vacancy of the director's position for the department. As I 565 reported at the last Commission meeting I had received word from the County 566 Commissioners that Mr. Talley had turned in his keys. I received information from Mr. 567 Talley that he would no longer be serving as the director and as I reported last month 568 there was a vacancy of the aforementioned position. That position serves at the Historic 569 Preservation Commissions pleasure and as such it is the Commissions responsibility to 570 hire, fire and accept resignations of that particular position. Irrespective of how the 571 vacancy occurred the vacancy exists and so the Commission will need to either move 572 forward seeking a permanent replacement for that position and/or make a motion 573 accepting the resignation of Mr. Talley. I phrase it as a resignation by Mr. Talley 574 because he has not been serving in that capacity since his last telephone conversation 575 with me. Irrespective of whether he tendered a formal written resignation, by his very 576 vacancy, it is very safe to say to this Commission that Mr. Talley has resigned his 577 position. It is up to the Commission to make an action either formally accepting Mr. 578 Talley's resignation and then make a decision on how the Commission would like to go 579 forward in replacing Mr. Talley. 580 581 JOANN SPORLEDER: Mr. Talley's only resignation was a verbal one to Mrs. 582 Greene? 583 584 CHERYL GREENE: Mr. Talley reported to me by telephone that after his 585 meeting with the County Commissioners he had tendered his keys to the County 586 Commissioners. He had reported to me that he had been asked to resign. The County 587 Commissioners reported to me that Mr. Talley voluntarily resigned. What I am reporting 588 to this Commission is that irrespective of whether this was a termination, it is not a 589 termination in the sense that it is this Commissions responsibility to terminate positions 590 and this Commission has not yet taken an action terminating that position. What I am 591 suggesting to you is that it was a resignation Mr. Talley tendered by simply not showing 592 up any longer. Since this Commission did not formally terminate Mr. Talley it would be 593 my advise to you to act on it as a resignation simply by merit of the fact that he has not 594 been serving in this capacity for nearly five weeks now. 595 596 JOANN SPORLEDER: I find it rather disturbing that some other agency has 597 pressured him to do what he has done. They should have come to the Historic 598 Preservation Commission if there were problems with Mr. Talley. I do not know exactly 13 599 what happened but I am not comfortable excepting a resignation under these 600 circumstances. 601 602 CHERYL GREENE: The County is the source of revenue for the director's 603 position and for this Commission, by merit of that they have some authority. The basis 604 by which Mr. Talley met with the County Commissioners involved some questions raised 605 by the State Board of Accounts related to accounting for which the County does take 606 responsibility. There is an on going investigation into concerns with respect to 607 bookkeeping. I met with the County Commissioners and I am not convinced that anyone 608 was pressured to do anything. I believe that questions were raised, I am not suggesting 609 that there were wrong doing on anyone's part, some people are just not as exacting in 610 their bookkeeping methods as an accountant simply because they do not have the 611 understanding of how to do things. The question comes up, did the County have the 612 authority to terminate Mr. Talley, I am not certain, I believe it is a mute point since Mr. 613 Talley reported to me that he would not be serving in this position and has in fact since 614 that day has not reported to this office. Did the County apply pressure? I do not believe 615 so; I think they asked questions, which they had every right to do as the financial agency. 616 I am making no judgment one way or another, all am doing is reporting to you that 617 irrespective of how this vacancy occurred the fact remains you have someone who is no 618 longer reporting in that position and by that very fact alone, leads me to the conclusion 619 that this person has resigned their position. 620 621 GERALD UJDAK: You stated earlier that Ed Talley had informed you that he 622 had resigned. Later remarks did not quite mesh with this statement, would you please 623 clarify. 624 625 CHERYL GREENE: Let me explain. My first inkling that there were any 626 problems was when the Investigative Bureau of the State looking into financial matters 627 on behalf of the State Board of Accounts contacted me on August 3, 2000. I met with 628 them, Aladean DeRose, the Commissions previous council met with them as well. I left 629 from this meeting and returned to my office. I received a telephone call about a half an 630 hour later from Mr. Talley to advice me that he had turned in his keys and that he was 631 leaving the office. He implied that he had been terminated, but I had nothing in front of 632 me that stated he had been terminated. Approximately a week later Mr. Oxian and I met 633 with the County Commissioners. I talked to them about the issues that had come up and 634 the vacancy that existed. When I walked out I was under the impression that Mr. Talley 635 had resigned his position. 636 637 JOHN OXIAN: I received a telephone call about a half an hour after Mr. Talley 638 had spoken with the County Commissioners, from Beverly Crone. Ms. Crone told me 639 that Mr. Talley had resigned. Mr. Talley called me and told me that he had been 640 terminated. I was asked to come in to talk with the County Commissioners at which time 641 1 asked Mrs. Greene to go into the meeting with me. At that time the Commissioners 642 presented the information they knew concerning the State Board of Accounts 643 investigation. They also specifically told me not to say anything about what was going to 644 happen until the investigation was over. So that's why I haven't been able to say 14 645 anything and that is why I asked to be Acting Director. I felt it would be unprofessional 646 to bring in a new director until all matters were straightened out. I was under the 647 impression that it may take three weeks, but, after talking to John Lentz I now believe 648 that it could take two months. 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 CHERYL GREENE: The only thing I am bringing to the board tonight is that the Commission needs to take some action on the record that formally acknowledges that you have this vacancy and by merit of this person no longer appearing it is an apparent resignation if not a resignation in fact. The difference being a resignation in fact is when someone physically tenders a written resignation to the Commission. I would once again remind all of you as legal counsel that there is an on going investigation so be certain that any information that you are putting on the public record is something you are certain of and feel comfortable with. GERALD UJDAK: I received a telephone call after Mr. Talley left from Jeanette Roland, the former Chairmen of the Republican Party, asking what was going on. I told her that something had happened and that Mr. Talley was asked to resign. At which time she asked how in the world did a Republican get appointed in a Democratic County? CHERYL GREENE: Mr. Ujdak, I would once again caution you because this is a public record. GERALD UJDAK: I told Ms. Roland, that the Commission is by partisan and simply hire the individual best suited for the job. CHERYL GREENE: I have received no written correspondence from anyone threatening any type of legal action nor have I received any further follow up from the County Commissioners nor any of the agencies involved in this matter. It maybe that nothing more will ever come of this investigation. CATHERINE HOSTETLER: I would like a motion that states that the Commission acknowledges Mr. Talley's absence from his position. CHERYL GREENE: The Commission should acknowledge his absence and accept it as a resignation. JERRY WEINER: I move that the Commission acknowledge Mr. Talley's absence and accept it as a resignation. MARTHA CHOITZ: I second the motion. After due consideration, the following action was taken: Upon a motion by Jerry Weiner, being seconded by Martha Choitz and carried with Catherine Hostetler and Gerald Ujdak in favor, Richard Morrison abstaining and 15 691 Joann Sporleder against because she did not feel comfortable with the circumstances 692 surrounding the resignation, Mr. Talley's absence was accepted as a resignation. 693 694 B. Miscellaneous Activities & Grants 695 696 JOHN OXIAN: I am going to get together with Mrs. Saunders to write the DHPA 697 grant for next year. 698 699 RHONDA SAUNDERS: The Executive Board met to choose a printer for the County 700 Re -Survey. After this meeting I received notification from the graphic designer, Paula 701 Headley, that the book was going to be longer then originally anticipated. I discussed 702 this with Steve Kennedy of DHPA and he stated that I should ask for new bids from the 703 printers that would cover the additional pages. The printers have returned the requested 704 bids and the printer chosen originally by the Executive Committee is still the cheapest 705 printer. 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 I also posed the Executive Committees questions regarding the bids to one of the printers. He stated that the term "original" refers to the formula used to print books. It means that eight pages fit on one sheet of paper. I was unable to get a clear response from Mrs. Headley regarding the number of prints because of difficulties in getting prints made and maps downsized. As a result the staff has extended the designers deadline. I would ask that the Commission officially approve a printer so the contract can be signed. JERRY WEINER: I move to approve the printing bid for the County Re -Survey given by Commercial Graphics, Inc. MARTHA CHOITZ: I second the motion. After due consideration, the following action was taken: Upon a motion by Jerry Weiner, being seconded by Martha Choitz and carried unanimously, Commercial Graphics, Inc., was chosen as the printer for the County Re - Survey. 4. NATIONAL REGISTER NOMINATIONS JOHN OXIAN: Since all three of these nominations have been read into the minutes at previous meetings the staff will forego reading them again. A. Muessel/Drewery Brewery —1408 Elwood 733 734 MARTHA CHOITZ: I move to accept the national register nomination for 1408 735 Elwood, Muessel/Drewery Brewery send it to the State Office with a favorable 736 recommendation. 16 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 RICHARD MORRISON: I second the motion. After due consideration, the following action was taken: Upon a motion by Martha Choitz, being seconded by Richard Morrison and carried unanimously, the national register nomination for 1408 Elwood was accepted and will be sent to the State Office with a favorable recommendation. B. South Bend Brewery —1636 Lineolnway West MARTHA CHOITZ: I move to accept the national register nomination for 1636 Lincolnway West, South Bend Brewery and that it should be sent to the State Office with a favorable recommendation. RICHARD MORRISON: I second the motion. After due consideration, the following action was taken: Upon a motion by Martha Choitz, being seconded by Richard Morrison and carried unanimously, the national register nomination for 1636 Lincolnway West was accepted and will be sent to the State Office with a favorable recommendation. C. Wertz/Bestle Farm — 51387 Portage Road MARTHA CHOITZ: I move to accept the national register nomination for 51387 Portage Road, WertzBestle Farm, and that it should be sent to the State Office with a favorable recommendation. RICHARD MORRISON: I second the motion. After due consideration, the following action was taken: 769 Upon a motion by Martha Choitz, being seconded by Richard Morrison and 770 carried unanimously, the national register nomination for 51387 Portage Road was 771 accepted and will be sent to the State Office with a favorable recommendation. 772 773 ITEMS NOT REQUIRING A PUBLIC HEARING 774 775 1. APPROVAL OF MINUTES (August) 776 777 CATHERINE HOSTETLER: Are there any corrections to the minutes? 778 779 JOHN OXIAN: I would like to state that from now on when corrections are made 780 to the minutes that they be included as part of the minutes. 781 782 JERRY WEINER: I move to approve the minutes. 17 783 RICHARD MORRISON: I second the motion. 784 785 After due consideration, the following action was taken: 786 787 Upon a motion by Jerry Weiner, being seconded by Richard Morrison and 788 unanimously carried, the minutes for August were accepted by the Commission. 789 790 2. TREASURER'S REPORT 791 None. 792 793 3. CORRESPONDENCE 794 None. 795 796 4. COMMITTEE REPORTS 797 798 A. Historic Districts 799 JOHN OXIAN: The staff and the Districts Committee are currently 800 reviewing the possibility of making Kessler Place a Local Historic District. 801 802 B. Historic Landmarks 803 804 JOHN OXIAN: One landmark went through in the County and three went through 805 in the City. 806 807 B. Standards and Maintenance 808 None. 809 810 5. NEW BUSINESS 811 812 JOHN OXIAN: I would like to go before the County Commissioners to ask for a 813 part time inspector who would follow up on all Certificates of Appropriateness and any 814 violations. We have the money, so I would like the Commissions approval in creating 815 this position. 816 817 JERRY WEINER: I move that the staff pursue the hiring of a part-time inspector. 818 819 JOANN SPORLEDER: I second the motion. 820 821 After due consideration, the following action was taken: 822 823 Upon a motion by Jerry Weiner, being seconded by Joann Sporleder and carried 824 unanimously, the staff has been instructed to pursue the creation of a part-time inspector. 825 18 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 852 853 854 855 856 6. OLD BUSINESS MARTHA CHOITZ: We have to get a routine into affect in regards to easements. The staff is supposed to be working on this, however, we are so short handed I do not know where things stand and am concerned about fulfilling our obligations. RHONDA SAUNDERS: It would help me greatly if the Fagade Easement Committee could help out with some of the notifications and other necessary documentation. I know Mr. Talley had started easement files for a couple of properties, however, I have been unable to locate these files. MARTHA CHOITZ: I will come in and go over the procedures with you. 7. HEARING OF VISITORS None. 8. ANNOUNCEMENTS AND MISCELLANEOUS MATTERS None. 9. ADJOURNMENT The meeting adjourned at 10:00pm Historic Preservation Commission Of South Bend and St. Joseph County, Indiana. FA 0 # *$ Secretary 19 STAFF APPROVED CERTIFICATES OF APPROPRIATENESS 1) 501 River Avenue — dead tree removal. 2) 941-943 Riverside Drive — new electric box. 3) Leeper Park — removal & replacement of 7 dead trees.