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HomeMy WebLinkAboutHistoric Preservation Commission Meeting Signed Minutes - October 19, 2020MINUTES OF A MEETING OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY October 19"', 2020 4" Floor Council Chambers County — City Building South Bend, IN 46601 I. CALL TO ORDER Commission President Michele Gelfman called the meeting to order at 5:33 p.m. Members of the Public Present: John Charles Bryant, 707 Harrison Avenue, South Bend, IN 46616 Jeri DeCola, 1310 Longfellow Drive, South Bend, IN 46616 Sharon Manley, 2205 Elwood Avenue, South Bend, IN 46628 Alma C. Powell, 52095 Carriage Hills Drive, South Bend, IN 46635 Carol Powell, 4902 Craig Road, South Bend, IN 46614 R. Eileen Thomas, 2608 Roys Avenue, Elkhart, IN 46517 Troy Thomas, 2608 Roys Avenue, Elkhart, IN 46517 Grayson Warren, Jr., 1939 North Johnson Street, South Bend, IN Todd Zeiger, 61550 SR 931 Highway, South Bend, IN 46614 II. ROLL CALL Members Present: Michele Gelfman, President; Sarah Andrews, Secretary; Eric Stalheim; Patrick Deegan; Joan Downs-Krostenko, Architectural Historian; David Wyncott. Members Not in Attendance: Elizabeth Hertel, Vice President; Mary Brazinsky, Treasurer; John Tiffany. Staff Present: Elicia Feasel, Historic Preservation Administrator; Adam Toering, Historic Preservation Specialist; Ross Van Overberghe, Site Inspector; Sandra Kennedy, Legal Counsel. Staff Not in Attendance: N/A III. PUBLIC HEARING A. CERTIFICATE OF APPROPRIATENESS B. NATIONAL REGISTER NOMINATION i. Lowell Heights — Olivet African Methodist Episcopal Church public comment and review Administrator Feasel indicated that the staff report and supporting documentation are publicly available on the City of South Bend's online document portal. The Staff recommendation was read into the record: It is recommended that the Historic Preservation Commission concur with staff that the property meets the criteria for inclusion in the National Register of Historic Places under Criteria A and C. Staff requests that the Commission direct staff to submit the appropriate report of the public hearing, including public comments, to Mayor James Mueller for his concurrence, in compliance with Indiana's Certified Local Government regulations. The Certified Local Government Report on the Nomination of the Lowell Heights — Olivet African Methodist Episcopal Church to the National Register of Historic Places will then be forwarded to the Indiana Division of Historic Preservation and Archaeology for further review, followed by consideration of the nomination by the Indiana Historic Preservation Review Board. PUBLIC DISCUSSION IN FAVOR: Mr. Grayson Warren Jr., (1939 North Johnson Street) stated that first went to the congregation when he was eight when it was on Monroe, and formally joined the congregation when he was twelve. He has been a member for sixty-eight years, and it has been a cornerstone of his life. Many members of his family were gladly members of the church. His father joked that they attended the church "because they got out earlier." Mr. Warren has been active in the church in a number of different roles, including a trustee and steward. The church has helped a lot of young people become good citizens, but unfortunately some of those people leave South Bend and do not come back. He is truly honored to be a part of Olivet. Carol Powell (4902 Craig Road), has long been active with Olivet, and was drawn to it because of its work with children. She stressed that we need more organizations that do what Olivet does to help the community. A retired school teacher, she remembered a time when children would go from the schools to Olivet, and she wished that would happen again. Alma Powell (52095 Carriage Hills Drive), wanted to express how elated they were to be the first African American church in South Bend, to be hosted in that church, and to hear the Notre Dame Architectural students talk about the architectural features of their building, which made the congregation think about their building in a different way. The building is historic, and the congregation is historic. Administrator Elicia Feasel read into record two letters of support: Farrow Powell Family (Sandra J. Haines, Cecelia Newkirk, John Charles Bryant, and others), "The Farrow Powell family members are in favor of Olivet African Methodist Church to be a part of the National Register of Historical places. We feel, as a family, it is an honor to be a part of this decision. We are concerned about the correct language and want to see everything in place." Todd Zeiger, Director, Indiana Landmarks Northern Regional Office (801 West Washington Street): "Dear members of the Commission, I am writing today to express support for and encourage the recognition of the Lowell Heights -Olivet A.M.E. nomination to the National Register of Historic Places. The site is an important architectural landmark in the northeast neighborhood of South Bend with significant cultural connections to the history of South Bend's African American residents. I have had the pleasure of assisting the efforts of the congregation for the past several years. Indiana Landmarks has provided funding from our African American Landmarks Grant fund to assist with the cost of the nomination and needed repairs to the building. Recently, Olivet A.M.E. received a significant grant from the Central Indiana Community Foundation's Standiford H. Cox Fund which supports the restoration, preservation, operation and ongoing maintenance of African American historic sites in Indiana. The receipt of these grants underscores the importance of this site to the African American community. It is important to not only recognize the architectural merit of this place but as importantly its place in the cultural history of the site. Culturally, founders of the Olivet A.M.E. include St. Joseph County's first African American settlers and include leaders in the African American community through the present day. It is remarkable that Olivet has now owned, cared for and been identified by a historic building longer than the congregation which constructed it. Today we are aware of the need to identify and recognize a more complete representation of our architectural heritage. The National Register nomination that is before you is an excellent opportunity to recognize the builders of this building and its architectural merit. More importantly though is the opportunity to recognize the cultural importance of the congregation and the role of this site in the history of the African American community of South Bend." PUBLIC DISCUSSION IN OPPOSITION: N/A COMMISSION DISCUSSION: Commissioner Stalheim expressed that he is "all for it." Commissioner Andrews stated that she was "excited about it." Commissioner Wyncott expressed that the recognition of "both architectural and cultural is perfect." Commissioner Downs-Krostenko expressed that she agreed with Commissioner Wyncott, and that she is "thankful for this institution in our community." Commissioner Gelfman expressed thanks to everyone for their efforts to "move this forward to where it should have been a long time ago." Commissioner Gelfman requested a motion, expressing that she concurred with staff that the nomination meets the criteria for the National Register of Historic Places under criterion "A" and "C", and that we submit the appropriate report of the public hearing — including the public comments — to Mayor James Mueller for his concurrence in compliance with Indiana's Certified Local Government regulations. Commissioner Andrews made a motion to submit our approval for the National Register of Historic Places under criterion "A" and "C", and that we submit all the appropriate paperwork to the Mayor for his concurrence, and that is then sent onto state's representatives. Seconded by Commissioner Deegan. Six in favor, none opposed. Vote: 6 — 0. Motion to support the nomination of the Lowell Heights -Olivet A.M.E. Church for addition to the National Register of Historic Places passes. IV. PRIVILEGE OF THE FLOOR N/A V. REGULAR BUSINESS A. APPROVAL OF MINUTES Specialist Toering clarified that edits were made by Secretary Andrews to both sets of minutes. i. September 21, 2020 Commissioner Andrews made a motion to adopt the September 21" meeting minutes. Seconded by Commissioner Stalheim. Six in favor, none opposed. Vote: 6 — 0. Motion to accept the September 21" meeting minutes passes. B. STAFF REPORTS i. Administrative Approvals C. COMMITTEE REPORTS i. Disposition of Historic Preservation Assets 1. Administrator Feasel gave an update on the progress of the evaluation of large -format blueprints and potential vendors to scan those blueprints. Administrator Feasel also explained that the interlocal agreement between the City of South Bend and St. Joseph County allowed for the use of the former office space through the end of 2020. Solutions are being investigated to store materials after the end of the year. 2. Commissioner Gelffnan thanked Commissioner Stalheim for his work in finding vendors that could scan our oversized blueprints. ii. Standards Update 1. Administrator Feasel explained that the Standards Committee will be held after the Commission meeting. VI. OLD BUSINESS A. PROGRAMMATIC AGREEMENT Legal Counsel Kennedy explained the programmatic agreement with the State of Indiana that empowers the Historic Preservation Commission staff to conduct Section 106 reviews to determine whether federal dollars being utilized for a project would adversely impact historic structures on / near the job site as a function of the Certified Local Government status. Commissioner Downs-Krostenko made a motion for the Commission to empower Commission President Gelfman to sign the Programmatic Agreement, and that the Commission supports this document wholeheartedly. Seconded by Commissioner Andrews. Six in favor, none opposed. Vote: 6 — 0. Motion to empower Commission President Gelfman to sign the Programmatic Agreement and to support the document passes. B. Riverside Drive Light Poles Commissioner Gelfman asked for the Landmarks Committee (Chaired by Commissioner Andrews) to review the loss and removal of the historic aggregate poles along Riverside Drive. Commissioner Downs-Krostenko stated that she was surprised that so much correspondence had been sent out, but no response has been received. Specialist Tocring distributed the material to the entire Commission. Commissioner Downs-Krostenko asked for clarification from Legal Counsel Kennedy as to appropriate ways of advocating for this project. Legal Counsel Kennedy explained that advocating for historic structures is in compliance with your bylaws, despite that it is not in your state mission statement. Commissioner Deegan asked what effective courses of actions would be available for the Commission. Commissioner Downs-Krostenko asked for clarification on when it is problematic for advocating for historic structures. Legal Counsel Kennedy asked for clarification as to which incident Commissioner Downs-Krostenko was referring to. Commissioner Downs-Krostenko stated that it was the Modlin Appeal. Legal Counsel Kennedy clarified that the Modlin Appeal was an appeal, and that talking to the Council would have been the same as talking to a Judge during a court case. The Council was acting in a quasi-judicial capacity. This case is not the same, and could be advocated for. Commissioner Andrews clarified the other members of that committee: Commissioners Stalheim, Hertel, and Tiffany. Commission President Gelfinan would recuse herself from this project. Administrator Feasel stated that were the Committee to want to meet remotely that Staff could set up a Microsoft Teams meeting for the Committee. VII. NEW BUSINESS A. Meeting Protocols Legal Counsel Kennedy expressed that she is working on a resolution detailing appropriate behavior and handling of Commission Certificate of Appropriateness projects. Legal Counsel Kennedy expects to present this at the November meeting. VIII. ANNOUNCEMENTS AND MISCELLANEOUS MATTERS A. Fee Structures Commission Stalheim asked about the status of fee structure updates. Administrator Feasel stated that a review of the bylaws would include an update to the fee structure, and that this has been delayed by COVID. Determining when a project is an administrative approval is hard to do before the project has been applied for. Additional fees may deter applicants from applying for retroactive projects. Commissioner Gelfinan asked how this works with the Building Department's "Red Tag" system. Administrator Feasel clarified that the Building Departments system is separate, and "Red Tags" incur additional fees and fines. Commissioner Gelfman stated appreciation for staff s work on Administrative Approvals and believes that those projects should require a fee to account for the time and attention that staff devote to reviewing those projects. Administrator Feasel stated that Administrative Approval (and avoiding the Commission meeting) is an incentive for property owners to execute their work in accordance with historic preservation principles. Commissioner Gelfman delineated three levels: administrative approvals, Commission review, and retroactive approvals. Administrator Feasel stated that this may be an appropriate project for the Legal Committee. She also clarified that staff issues retroactive administrative approvals. Commissioner Downs-Krostenko stated that the City can fine people for not acquiring a building permit and asked if this was done. Legal Counsel Kennedy stated that it is, and that the fine can be a triple fee of the cost of the needed permit. Inspector Van Overberghe explained his understanding of the fine structure, and the frequency of the re -issuing of fine letters every 30 days. Specialist Toering clarified that a project that was reviewed in September was before the Commission because of fines issued by the Building Department. Administrator Feasel reiterated that the Zoning Administration can issue additional zoning violations, and Historic Preservation is an overlay district. Commissioner Stalheim asked where fees and penalties end up in the City's budget. Administrator Feasel explained that it is part of the general fund. Legal Counsel Kennedy clarified that HPC would need to be a separate department. Administrator Feasel clarified that there is a special gifts fund, but it is derived from incidental sales of items or donations. Specialist Toering clarified that to use that fund HPC would need to solicit the Common Council. Commission Deegan stated that his experience working with the Building Department and Historic Preservation office on a project on his own house, and he wished that the system was more streamlined, and you didn't have to pay in multiple locations. Commissioner Downs-Krostenko stated that there are still incidents that Building Permits are issued without HPC approval. COMMISSIONER GELFMAN RETURNED TO THE PROCEEDINGS AT 8:12PM. IV. ADJOURNMENT Commissioner Andrews made a motion to adjourn. Seconded by Commissioner Deegan. Five in favor, none opposed. Vote: 6 — 0. Meeting adjourned at 6:21 pm, Attest: Sarah Andrews, ecretary Date