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HomeMy Public PortalAbout2015-11-12 minutesCity of Jefferson Historic Preservation Commission Minutes Thursday, November 12, 2015 City Annex, 427 Monroe Street Jefferson City MO Commission Members Present Attendance Record Bill Case 9 of 9 Mary Schantz 8 of 9 Kevin Kelly 9 of 9 Terri Rademan 4 of 9 Jane Moore 7 of 9 Brent Hemphill 4 of 9 Art Hernandez 8 of 9 Sarah Hoeller 2 of 9 Doug Record 7 of 9 Commission Members Absent None Council Liaison Present Laura Ward Staff Present Jayme Abbott Janice McMillan Guests Carolyn Bening, Historic City of Jefferson Brian Bernskoetter, Jefferson City Area Board of Realtors Tammy Boeschen, Historic City of Jefferson Cathy Bordner, Historic City of Jefferson Michelle Brooks, News Tribune Fred Brown, Historic City of Jefferson Heath Clarkston, Home Builders Association Peter DeSimone Paul Graham, Historic City of Jefferson Lois Hildenbrand, Historic City of Jefferson Jim Kreider, MRTA Kevin McHugh, Historic City of Jefferson Janet Maurer, Historic City of Jefferson Rick Mihalevich, City Council Jim Penfold, , Historic City of Jefferson Mark Schreiber, City Council Jenny Smith, Historic City of Jefferson Kay Snartellaro, Historic City of Jefferson Pam Taylor, Historic City of Jefferson Steve Veile, Historic City of Jefferson Jim Wisch, WAVCO Call to Order: Vice Chair Bill Case called the meeting to order at 5:35 pm. Approval of Agenda: Bill Case asked the Commissioners to review the amended agenda and to recommend any changes needed. Kevin Kelly moved the amended agenda be approved as printed. Terri Rademan seconded the motion. Motion carried. Approval of Minutes: Bill Case asked the Commissioners to review the September 17, 2015 Special Meeting minutes and offer corrections if needed. Jane Moore moved the minutes be approved. Sarah Hoeller seconded the motion. Motion carried. Old Business a. Historic City of Jefferson Proposed Demolition Ordinance – Jayme Abbott began by providing the Commission and public a general overview of the process for the proposal and timeline for the proposal’s proceeding after the Commission has completed its work on the draft proposal. Presentations were made by members of the Historic City of Jefferson (HCJ). The presenters included: Steve Veile, Past President of HCJ; Paul Graham, HCJ attorney; Cathy Bordner, HCJ member; and, Tammy Boeschen, President of HCJ. Steve Veile presented a slide show entitled: Local Living Landmarks. He discussed HCJ’s involvement with historic preservation in the past and their continued interest in the issue. Mr. Veile asked the Commission to vote tonight to approve the concept of the proposal. Paul Graham provided an overview of the proposed flowchart outlining how applications for complete demolition would be handled. Mr. Graham discussed the concept of the proposal and the attempt on the part of HCJ to protect property owner’s rights and to assure that at the end of the process there was clear title for the property. His testimony focused on the two major provisions or changes of this proposal which were giving the Commission the power to say no to an application for demolition and the “no” would have teeth and secondly to give everyone (owner, public and stakeholders) an opportunity to have their say. Related to the addition of the word “complete” before demolition, and what HCJ felt the definition of “complete” should be, Mr. Graham said that was up to others to decide. When asked by the Commission about the increased cost for the Commission to carry out the public notice requirements of the proposal Mr. Graham indicated that HCJ wrote the proposal in a way as to not increase costs or requirements beyond other already existing code r equirements. The new section of the ordinance, the “purpose” section added the word “and structures”. HCJ was not aware of what this was referring to or if a structure is different that a building. No definition was recommended. Cathy Bordne r provided the Commission with statistics from the past five years about the number of demolition applications the Commission had considered, the number approved or denied and the number of denied applications that were demolished anyway. Tammy Boeschen described the value of historic preservation on MO cities like St. Charles, Ste. Genevieve, Hannibal and others. She discussed HCJs review of other city demolition ordinances as they drafted this proposal. Tammy discussed ordinances that use a historical district designation to determine what building must go through a process for review prior to demolition. All speakers for HCJ reiterated their goal was to give the Commission the power to say no to an application and that “no” had strength of law behind it. Mr. Case asked if there were others wanting to testify on the proposal. Brian Bernskoetter, representing the Board of Realtors testified that they had issues with the wording of the proposal, the additional time that will be required for home owners to take action on their property and the concept. He testified that it was the Board of Realtors belief that this proposal creates uncertainty and that owners will be more likely to simply take no action and allow a home to deteriorate. He questioned if the Commission members had the qualifications to carry out their functions required in the proposal. Mr. Bernskoetter recommended that the Commission/City Council develop a set of criteria for a property to be considered historic and then allow for voluntary regist ration on a list of such properties. Such a list would give a potential buyer knowledge up front that the property is historic and any plans to demolish the building would require additional expense and time on the part of the owner. He cited the Columbia MO ordinance indicating that the Columbia Commission had an “advisory” role and decisions were made at the City Council level. In addition, the qualifications of Commission members were spelled out. Mr. Heath Clarkston, representing the Home Builders Association, testified that they liked the concept of having historic districts with an overlay of enhanced demolition requirements. He felt taking a city wide approach added burden and time to owners that clearly do not have an historic property but have one that is 50 years old or older. He felt there was a middle ground that could be reached and encouraged the Commission to look closely at definitions. With no others wishing to testify, Mr. Case asked the Commission for their thoughts. Terri Rademan began by making a motion to approve the concept and move the proposal forward to the next step. This motion generated discussion about the process, and the role for the city attorney’s, the City Council and the Public Works and Planning Committee. Art Hernandez stated for the record that he felt the information provided was informative and he agrees with the HCJ that the HPC’s ordinance has no teeth. However, as a property owner and attorney he has concerns that this proposal oversteps an individual property owners rights. He felt that the Commission had the right and obligation to continue discussion about the proposal. After lengthy discussions between the Commission and staff, Art Hernandez moved that the vote on this proposal be tabled until a work session of the HPC has determined how it plans to move forward with this proposal as provided to the Commission by HCJ. Motion was seconded by Brent Hemphill. Motion carried. Demolition Applications a. 806 Jefferson – This property is owned by Riversong. Art Hernandez moved that the Commission determined that there will be no historic properties affected by the demolition and the permit is approved. Jane Moore seconded the motion. Motion carried. b. 623-625 W McCarty – This property is owned by Gene Schneider. The Commission discussed what appeared from the picture to be evidence that the owner had already begun the process of demolition, the possibility that the house could be considered of a type period or method of construction that would make it historic. Brent Hemphill moved that there will be no historic properties affected by the demolition and the permit be approved. Art seconded the motion. Motion carried with three no votes from; Terri Rademan, Doug Record and Sarah Hoeller c. 1119 Jefferson St.- This property is owned by the Memorial Baptist Church and had been given a permit to demolish in 2009. However, the church did not act upon that demolition permit and continued to utilize the building. After discussion Art Hernandez moved that there will be no historic properties affected by the demolition and the permit is approved by the commission. Brent Hemphill seconded the motion. The motion failed by a vote of three yes and six no. Votes in the affirmative were from Art Hernandez, Brent Hemphill and Mary Schantz. d. 1108 Oak St. – This property is owned by Capitol Region Medical Center. Doug Record moved that there will be historic properties affected by the demolition and the permit is approved by the commission. Motion was seconded by Kevin Kelly. Motion carried with one no vote by Art Hernandez. e. 1110 Oak St. - This property is owned by Capitol Region Medical Center. Terri Rademan moved that there will be historic properties affected by the demolition and the permit is approved by the commission. Motion was seconded by Doug Record. Motion carried with one no vote by Art Hernandez. f. 1112 Oak St. - This property is owned by Capitol Region Medical Center. Jane Moore moved that there will be historic properties affected by the demolition and the permit is approved by the commission. Motion was seconded by Mary Schantz. Motion carried with one no vote by Art Hernandez. g. 1114 Oak St. - This property is owned by Capitol Region Medical Center. Mary Schantz moved that there will be historic properties affected by the demolition and the permit is approved by the commission. Motion was seconded by Jane Moore. Motion carried with one no vote by Art Hernandez. h. 1120 Oak St. - This property is owned by Capitol Region Medical Center. Art Hernandez moved that there will be historic properties affected by the demolition and the permit is approved by the commission. Motion was seconded by Doug Record. Motion carried with one no vote by Art Hernandez. HPC Business a. CLG Report – Jayme presented the Annual Report of the Activities of the Historic Preservation Commission between October 1, 2014 and September 30, 2015. The Commissioners reviewed the report. Terri Rademan moved the report be approved. Kevin Kelly seconded the motion. Motion carried. b. Adoption of 2016 Calendar – Jayme presented a draft meeting schedule to the Commission. Art Hernandez moved that the schedule as presented by approved with the change of beginning time from 6:30 to 6:00 pm. Terri Rademan seconded the motion. Motion carried. c. Election of officers – Jayme reminded the Commissioners that Ed Meyers had resigned and Bill Case had been filling the role as Vice Chairman. All offices are up for election for terms beginning in January. According to Jayme a few members of the Commission had expressed interest in filling officer positions. She asked if there was anyone on the Commission who had not already expressed interest and wanted to be considered. No additional members responded. After a vote by ballot the following officers were elected. Chair, Art Hernandez and Vice Chairman, Jane Moore. Mary Schantz was reaffirmed for the position of Secretary. d. Working session for the Demolition Proposal – Commission member’s comments and suggestions are to be sent to Jayme by November 25 th. Jayme will provide the Commission with a document that contains all of the comments by November 30th. The Commission will meet for a Special Meeting on Wednesday, December 9th at 5:30 pm for the purpose of working on this proposal. Appropriate city staff will be at the meeting or will have provided the Commission with information requested. Dates to Remember: a. Next Regular Meeting January 12, 2016 at 6:00 pm Adjournment: Terri Rademan moved the meeting be adjourned at 8:55 pm. Sarah Hoeller seconded the motion. Motion carried.