WEBVTT 00:00:00.322 --> 00:00:08.768 - All right, it's 5 o'clock. I am calling to order the Bloomington Historic Preservation Commission meeting 00:00:08.768 --> 00:00:17.295 - for Thursday, May 14, 2026. Would staff please call the roll? Rennard Cross? Yes. Jack Baker? John Butler? 00:00:17.295 --> 00:00:25.263 - Here. Oh, that's the commissioner. Commissioner Castaneda? Commissioner Duesner? Here. Commissioner 00:00:25.263 --> 00:00:29.566 - Duffy? Here. Chair Hacker? Here. Commissioner Golden? 00:00:30.850 --> 00:00:37.051 - Commissioner Schlegel. Here. We have quorum. All right. I'd just like to say really quick, welcome back 00:00:37.051 --> 00:00:43.192 - to Commissioner Cross. Thank you. Next up, approval of the minutes. Do I have a motion on the minutes? 00:00:43.192 --> 00:00:49.452 - I'll move to approve. All right. Commissioner Schlegel has moved to approve the minutes from April 23rd. 00:00:49.452 --> 00:00:55.474 - Is there a second? I'll second. Commissioner Duffy has seconded. Any comments? Hearing none, I think 00:00:55.474 --> 00:00:59.230 - we're ready for the vote. OK. We've got Treasurer Butler. Yes. 00:01:00.386 --> 00:01:07.230 - Commissioner Duesner? Yes. Commissioner Duffy? Yes. Chair Hacker? Yes. Commissioner Schlegel? 00:01:07.230 --> 00:01:14.657 - Pardon me? Yes. Minutes are approved. Excellent. Next up, we have certificates of appropriateness. We 00:01:14.657 --> 00:01:22.593 - have two for staff review. Mr. Stanwyse, please take it away. So our first COA of the evening is certificate 00:01:22.593 --> 00:01:30.238 - of appropriateness 2627. Petitioner is Kendall Noak from the City of Bloomington Engineering Department. 00:01:31.106 --> 00:01:41.365 - This application is for the replacement of 15 feet at the end of a 110 foot length of WPA limestone 00:01:41.365 --> 00:01:51.623 - sidewalk. This is adjacent to a notable rated 1925 Craftsman bungalow. The north side of West Dixie 00:01:51.623 --> 00:01:56.958 - Street to the west of Rogers is paved with 110 feet 00:01:57.442 --> 00:02:03.236 - of square and octagonal pavers installed by the Works Progress Administration in the 1930s. Overall, 00:02:03.236 --> 00:02:09.203 - the sidewalk appears to be in fair condition. The pavers closer to the curb on Rogers appear to be more 00:02:09.203 --> 00:02:15.054 - damaged by weeds and traffic. As required for a road servicing project not paid for by federal money, 00:02:15.054 --> 00:02:20.275 - which would trigger the Section 106 process of the National Historic Preservation Act, the 00:02:20.275 --> 00:02:26.414 - City of Bloomington Department of Engineering is requesting to replace the eastern 15 feet of the sidewalk 00:02:26.414 --> 00:02:27.102 - with a code 00:02:27.330 --> 00:02:37.193 - required curb ramp. In this case, staff approves COA 2627. While the district guidelines from the McDowell 00:02:37.193 --> 00:02:46.871 - Historic District do not provide guidance on sidewalks, historic stone and brick sidewalks are generally 00:02:46.871 --> 00:02:54.430 - not exempted from review. The ends of the stone sidewalk adjacent to South Rogers 00:02:54.978 --> 00:03:04.619 - is somewhat more degraded than the rest of the sidewalk overall. And the proposed ramp installation 00:03:04.619 --> 00:03:14.452 - is required as part of the roadway resurfacing project. Thank you. Moving on to our next item. So COA 00:03:14.452 --> 00:03:24.478 - 2628 for 213 South Rogers Street, the Frosted Food Building. 213 South Rogers is an individually listed 00:03:24.706 --> 00:03:32.050 - historic property. A former factory building, it is served as an auto repair shop, sheet metal workshop, 00:03:32.050 --> 00:03:39.324 - and refrigeration company slash slaughterhouse. The building is a limestone facade with picture windows 00:03:39.324 --> 00:03:46.668 - and a parapeted, a stepped parapet facing Rogers. Most of the building is brick with large metal gridded 00:03:46.668 --> 00:03:53.662 - industrial windows. This application is requesting the installation of a rooftop solar photovoltaic 00:03:53.794 --> 00:04:00.494 - PV system on the existing building located at 213 South Rogers. The system will be installed on the 00:04:00.494 --> 00:04:07.395 - existing roof and is intended to provide energy for the building's electrical use. You can see it will 00:04:07.395 --> 00:04:14.163 - be installed at the southwest corner of the building. The installation will not alter the building's 00:04:14.163 --> 00:04:20.930 - footprint. The placement of the panels will be designed to minimize visibility from public rights of 00:04:20.930 --> 00:04:22.270 - way where feasible. 00:04:22.754 --> 00:04:32.806 - while maximizing solar efficiency. Staff recommends, or sorry, staff approved COA 2628. The proposed 00:04:32.806 --> 00:04:42.758 - solar installation would not obscure or damage any historic features on the frosted foods building. 00:04:42.758 --> 00:04:47.038 - So I have one COA for your review tonight. 00:04:48.770 --> 00:04:53.749 - So next up we have, for commission review, COAs and demolition delays. For each item on the agenda, 00:04:53.749 --> 00:04:58.827 - the Historic Preservation Program Manager will first present a staff report. We will then hear if the 00:04:58.827 --> 00:05:04.055 - petitioner has any additional information about their request, followed by a public comment. Once public 00:05:04.055 --> 00:05:09.283 - comment concludes, commissioners will be able to ask questions to staff, the petitioner, and the public. 00:05:09.283 --> 00:05:14.262 - We ask that petitioners, the public, and commissioners refrain from speaking until addressed by the 00:05:14.262 --> 00:05:17.150 - chair, unless the question is directly addressed to them. 00:05:17.506 --> 00:05:22.973 - Following the commissioner questions, the chair will entertain a motion from a commissioner regarding 00:05:22.973 --> 00:05:28.493 - the petition. Once a motion is made, we will then open up a discussion for the item for members of the 00:05:28.493 --> 00:05:33.960 - commission only. Finally, once the commissioners have each had a chance to speak up to two times, the 00:05:33.960 --> 00:05:39.426 - commission will vote on the petition. We encourage all commissioners, petitioners, and members of the 00:05:39.426 --> 00:05:45.054 - public to be civil and respectful at all times. All right, first up is COA 2629. Is the petitioner here? 00:05:47.938 --> 00:05:57.395 - You are Thomas? This is for certificate of appropriateness 2629 at 2330 North Fritz Drive in the Matlock 00:05:57.395 --> 00:06:06.762 - Heights Historic District. Petitioner is Thomas Yizer. This is a contributing 1957 limestone ranch with 00:06:06.762 --> 00:06:14.238 - a large attached garage and picture window. It retains a high degree of integrity. 00:06:15.298 --> 00:06:22.741 - Near the end of 2025, the new owner installed solar panels on the roof of the garage at two locations. 00:06:22.741 --> 00:06:30.618 - The request is I received it. I would like to apply for retroactive certificate of appropriateness regarding 00:06:30.618 --> 00:06:38.206 - my installation of solar panels. On the 20th, October 20th, 2025, I bought the house at 2330 North Fritz 00:06:38.206 --> 00:06:40.446 - Drive in Bloomington, Indiana. 00:06:41.538 --> 00:06:48.916 - Federal tax credits for the installation of residential solar panels were set to expire at the end of 00:06:48.916 --> 00:06:56.439 - 2025. I hired West Biddle of Atomic Electric and Solar to install a grid-tied photovoltaic solar system 00:06:56.439 --> 00:07:03.672 - on the house before the end of 2025, so I would qualify for the federal tax credit. On December 12, 00:07:03.672 --> 00:07:10.110 - 2025, the solar panel system passed inspection by the Monroe County Building Department. 00:07:10.914 --> 00:07:16.241 - I was unaware of the historic preservation program and the requirement to apply for a certificate of 00:07:16.241 --> 00:07:21.884 - appropriateness before installing the solar panels. In my 2025 conversations with new neighbors, realtors, 00:07:21.884 --> 00:07:27.579 - and tradespeople, it did not come up that this installation would require approval. It was not my intention 00:07:27.579 --> 00:07:32.853 - to bypass this requirement. In the future, any plans I have to alter the exterior of my house would 00:07:32.853 --> 00:07:37.758 - be proceeded by consulting some combination of the Matlock Heights Neighborhood Association, 00:07:38.562 --> 00:07:45.360 - the Matlock Heights historic district guidelines or the historic preservation program manager. 00:07:45.360 --> 00:07:52.588 - The recommendation from staff is for the approval of COA 2629. The petitioner in this case contacted 00:07:52.588 --> 00:07:59.816 - staff to seek retroactive approval after learning that the house he bought was located in a historic 00:07:59.816 --> 00:08:07.902 - district. So this was prior to any other notification of staff that solar panels were installed on this address. 00:08:08.674 --> 00:08:15.865 - Having bought the house after 2025 mailers had been sent to the property owners in historic districts 00:08:15.865 --> 00:08:22.985 - and before local designation was added to property report cards in the Monroe County ESRI system, he 00:08:22.985 --> 00:08:30.599 - was apparently unaware of the home status and was seeking to take advantage of an expiring solar incentive. 00:08:30.599 --> 00:08:37.790 - The work, as you will see, meets district guidelines being set on the garage close to the roof pitch. 00:08:39.778 --> 00:08:46.756 - Does the petitioner have anything that he would like to add? No? OK. Are there any public comments in 00:08:46.756 --> 00:08:53.803 - the room about this petition? Are there any comments online about this petition? All right. We'll turn 00:08:53.803 --> 00:09:00.918 - to commissioner questions. Commissioner Butler, do you have any questions about this? No, I don't think 00:09:00.918 --> 00:09:08.170 - I do. Commissioner Duffy? I have no questions. Commissioner Dueser? No. Commissioner Cross? Yeah. Forgive 00:09:08.170 --> 00:09:09.470 - me if I missed it. 00:09:09.570 --> 00:09:17.038 - But how did you eventually become aware that there was a requirement for a COA? I did receive a postcard 00:09:17.038 --> 00:09:24.294 - from the city alerting me that I was in this district. But I believe that came after I contracted and 00:09:24.294 --> 00:09:31.620 - put the panels up. The other way that I found out was through the neighborhood group. Talking to them, 00:09:31.620 --> 00:09:37.310 - I mentioned, well, everyone knows everyone in the neighborhood, and I mentioned 00:09:38.146 --> 00:09:46.938 - It just came up. You get approval. But that was this year when we started walking outside. I talked 00:09:46.938 --> 00:09:55.993 - to several of my neighbors also. Go ahead. But this was post you're being made aware. When I moved in, 00:09:55.993 --> 00:10:05.313 - my first objective was to get solar panels on the house because it was expiring. OK. And just confirming, 00:10:05.313 --> 00:10:08.126 - I think it goes without saying, 00:10:08.322 --> 00:10:16.791 - I just want to confirm that your realtor did not mention this to you. Did not. OK. Commissioner Schlegel, 00:10:16.791 --> 00:10:24.781 - any questions? I think it piggybacked a little. I don't know who to address this to, so no, I think 00:10:24.781 --> 00:10:33.170 - I'll kind of start with you. Do other departments know when there's a historic district, like for zoning 00:10:33.170 --> 00:10:36.286 - or planning, do they know when there's 00:10:36.610 --> 00:10:42.879 - Like, there's a neighborhood that has that, that they... Planning does if a permit from the planning 00:10:42.879 --> 00:10:49.521 - department is required. Okay. The city building, sorry, the county building department now should, because 00:10:49.521 --> 00:10:55.977 - that information has now been added to the county GIS system. Okay. But it was not on there at the time 00:10:55.977 --> 00:11:02.308 - that this happened. Okay. And also I don't have regular communication with the county, unfortunately. 00:11:02.308 --> 00:11:05.598 - Okay. I was just curious, I just wanted to make sure 00:11:05.794 --> 00:11:15.230 - City kind of knew, or if they were. That's all. Thank you, though. If I may, from who does he require 00:11:15.230 --> 00:11:24.481 - permission from to put up solar panels to the city or county? I think that's for you. At least with 00:11:24.481 --> 00:11:34.009 - myself, I'm trying to look back to when I had my panels put up in my house. I don't believe I required 00:11:34.009 --> 00:11:35.582 - a county permit. 00:11:36.354 --> 00:11:43.064 - Unless that was filed for by the solar company, do you know? We're going to ask our staff member. 00:11:43.064 --> 00:11:50.253 - So yeah, from planning zone perspective, we never saw it. We did not receive any permits or applications 00:11:50.253 --> 00:11:57.373 - from the county that were forwarded to us. For solar installation, it's possible that all they required 00:11:57.373 --> 00:12:04.357 - was just an electrical permit, which we would not be involved in. We were only involved with building 00:12:04.357 --> 00:12:05.726 - permits. All right. 00:12:05.986 --> 00:12:18.088 - And if I may ask you, I don't know if you know the answer, but who licenses electricians? Is it the 00:12:18.088 --> 00:12:29.222 - state, the county, or the city? Electricians would be the state. The state. And never mind. 00:12:29.222 --> 00:12:32.126 - It's the state. Thanks. 00:12:32.770 --> 00:12:42.102 - I do not have any questions about this as well. So I think I would be to the point of entertaining a 00:12:42.102 --> 00:12:51.804 - motion on this. I'll move to approve. OK, Commissioner Duffy has moved to approve COA 2629. Commissioner 00:12:51.804 --> 00:13:00.766 - Schlegel has seconded. Commissioner Duffy, do you have any comments? It seems very clear that he 00:13:02.594 --> 00:13:12.387 - wasn't aware of the requirement. And despite communications with various people who might have told 00:13:12.387 --> 00:13:22.571 - him. And as soon as he found out, he tried to seek our right for active approval. So I have no problem. 00:13:22.571 --> 00:13:31.678 - OK. Commissioner Schlegel. Yeah, just like Commissioner Duffy said, I think it was a genuine 00:13:32.354 --> 00:13:40.911 - oversight, and it seems like anything else in the future, now that you're aware, you're willing to work 00:13:40.911 --> 00:13:49.549 - with us. So I'd be happy to support this retroactive COA as well. OK, Commissioner Cross. I'm also going 00:13:49.549 --> 00:13:57.777 - to support this, but for those who might not know, I tend to have an issue with retroactive COAs. I 00:13:57.777 --> 00:14:01.726 - strongly believe that you come into a situation 00:14:03.170 --> 00:14:11.945 - There's a significant burden on the homeowner. And I'm not going to quantify significant burden. There 00:14:11.945 --> 00:14:21.061 - is a responsibility to find out, to be proactive to find out what it is that you're getting into. However, 00:14:21.061 --> 00:14:29.581 - this thing keeps coming up. And I'm still trying to, is it possible that we could get some money to 00:14:29.581 --> 00:14:31.966 - stick notices on signposts? 00:14:32.258 --> 00:14:40.455 - telling people that you are now in a historic district. I've seen some communities have it. And Prospect 00:14:40.455 --> 00:14:48.340 - Hill has quite a few of them. Can we make that a thing? So you're in a historic district. Residents, 00:14:48.340 --> 00:14:56.381 - please call this number if you are going to do this thing. There must be a way that we can improve the 00:14:56.381 --> 00:15:01.534 - situation of people coming here and saying that they didn't know. 00:15:01.794 --> 00:15:09.646 - Is there some way we can integrate it into the documentation, the application forms, certainly those 00:15:09.646 --> 00:15:17.653 - that the city controls, to ensure that if any approvals have to come through any city department, that 00:15:17.653 --> 00:15:25.582 - it is one of the things that are checked mandatorily. So if any part of that is a question that might 00:15:25.582 --> 00:15:31.102 - be addressed to me. No, it's a question. OK, OK, it's a comment. Yeah. 00:15:32.546 --> 00:15:40.867 - That's it. Commissioner Duesner? Commissioner Butler? I agree with what my fellow commissioners have 00:15:40.867 --> 00:15:49.188 - said. I also share Commissioner Cross's concerns about moving forward, trying to minimize the amount 00:15:49.188 --> 00:15:57.591 - of people who don't seem to know about COAs. I don't think that that's the petitioner's fault in this 00:15:57.591 --> 00:15:59.486 - case. But I think that 00:16:01.058 --> 00:16:07.161 - these are all wise things that people said. For me, I know, I believe it's this year where on the real 00:16:07.161 --> 00:16:13.086 - estate forms they've now included a historic designation disclosure on that. So that is going to be 00:16:13.086 --> 00:16:19.070 - helpful, but that happened after he bought his house. So he didn't have that automatic thing. So I'm 00:16:19.070 --> 00:16:25.055 - hoping that will decrease the amount of times we see it. Probably won't completely eliminate it, but 00:16:25.055 --> 00:16:29.854 - we'll at least have a thing to be like, well, what did your disclosure form say? 00:16:30.050 --> 00:16:36.892 - Does it have it on there or not? There might be other problems. I also would like to thank the petitioner 00:16:36.892 --> 00:16:43.541 - for voluntarily contacting us and trying to make this right to make things go forward. I also add that 00:16:43.541 --> 00:16:50.125 - typically the solar panels are staff review and typically reviewed or approved on a regular basis. So 00:16:50.125 --> 00:16:56.322 - based on all of those things, I'm willing to support this. Anybody have any secondary comments? 00:16:56.322 --> 00:16:59.614 - Seeing none, I think we're ready to call the roll. 00:17:00.930 --> 00:17:09.973 - Motion on the floor, COA 2629. And we'll go take a roll call vote. Treasurer Butler? Yes. Commissioner 00:17:09.973 --> 00:17:19.456 - Duesner? Yes. Commissioner Duffy? Yes. Chair Hackard? Yes. Commissioner Schlegel? Yes. COA 2629 is approved 00:17:19.456 --> 00:17:28.411 - 5-0. All right. Thank you very much. Thanks for coming out tonight. And if you have any other things, 00:17:28.411 --> 00:17:30.782 - make sure to talk to Noah. 00:17:31.266 --> 00:17:41.658 - All right. Next up, we're with demolition delays. We have DD 2606. Mr. Sam Weiss. All right. So first 00:17:41.658 --> 00:17:52.051 - demo delay for the night. This is demolition delay 2606 for contributing property 527 North Prow. The 00:17:52.051 --> 00:17:59.998 - petition is for a full demolition, and the petition are disabled buyers. Yes. 00:18:01.090 --> 00:18:07.329 - Built in the late 1920s, 527 North Prowess is a severely altered English cottage style house with a 00:18:07.329 --> 00:18:13.879 - steeply gabled front entrance. The building has a small rear addition and most of the exterior materials 00:18:13.879 --> 00:18:20.305 - have changed. The first identifiable owners of the house were William and Catherine Hicks. William was 00:18:20.305 --> 00:18:27.230 - the manager of the legal loan company. The couple moved out in 1934, renting the house to university students. 00:18:28.482 --> 00:18:35.991 - Subsequent owners in the 1930s and 40s include accountant RM Snyder and Albert Pogue of Pogue's used 00:18:35.991 --> 00:18:43.946 - cars. From 1950 onward, the house was owned and occupied by a succession of students, including geneticist 00:18:43.946 --> 00:18:51.678 - Henry Butzel Jr., business scholar Ben Thomas, visiting sociologist Bruce Lair, and Margarita Fedulova, 00:18:51.678 --> 00:18:56.510 - who taught Russian for IU's Air Force Language Training Program. 00:18:58.274 --> 00:19:06.389 - The recommendation from staff is the release of demolition delay 2606. All right. Is there anyone in 00:19:06.389 --> 00:19:14.584 - the room who has a public comment on this demolition delay? Yes, can you state your name? Amy Butler. 00:19:14.584 --> 00:19:22.939 - I just want to say I think it's a shame that they're going to tear down yet another house that probably 00:19:22.939 --> 00:19:27.358 - has a lot of life still left in it. OK. Anyone online? 00:19:27.714 --> 00:19:35.904 - Oh, okay. Does the petitioner wish to add any comments? I don't have any comments. No, I was going, 00:19:35.904 --> 00:19:44.340 - I was trying to share something about the Indiana Seller's residential disclosure on the last one, but 00:19:44.340 --> 00:19:52.611 - I couldn't unmute myself. The historic location disclosure has already been added this year, so that 00:19:52.611 --> 00:19:53.758 - wasn't there. 00:19:54.210 --> 00:20:02.037 - But for the smoke delay, no, I don't have anything to add. OK. Is there any other public comment online? 00:20:02.037 --> 00:20:09.864 - All right. Hearing none, we'll go around the room for questions from commissioners. Commissioner Butler, 00:20:09.864 --> 00:20:17.468 - any questions? No. Commissioner Duffy? No. Commissioner Duesner? Looking at this on the map, I wasn't 00:20:17.468 --> 00:20:22.686 - familiar with Prout. How close is this to the proposed cottage groove 00:20:23.106 --> 00:20:30.913 - District. It's south of 10th Street. Yeah. It's a few blocks out east of there. No questions. Commissioner 00:20:30.913 --> 00:20:38.209 - Cross, any questions? No questions. Commissioner Schlegel, any questions? No questions. For me, no, 00:20:38.209 --> 00:20:45.797 - I just wanted to clarify, did you say most of the exterior is not original material? That's right. It's 00:20:45.797 --> 00:20:52.510 - basically the shape and general placement of windows and doors. All right. Okay, thank you. 00:20:53.026 --> 00:21:06.214 - I have no other questions. Now it's time to entertain a motion. Can I make a motion? You can make a 00:21:06.214 --> 00:21:20.062 - motion. Okay. I will move to release demolition delay 2606. I'll second it. All right. Jeremy Ackert has 00:21:20.706 --> 00:21:28.032 - Move to release demolition delay 2606 and Commissioner Duffy has seconded. I guess I'm going to call 00:21:28.032 --> 00:21:35.432 - myself to start the comments. I don't think we have enough in terms of his historical significance or 00:21:35.432 --> 00:21:43.338 - architectural significance to make a legitimate play at a historic designation for this building. Therefore, 00:21:43.338 --> 00:21:49.214 - I think we need to release it. Commissioner Duffy. I agree. Commissioner Butler. 00:21:50.178 --> 00:21:56.955 - I agree with both of your comments. I think it's a real shame that I have all this power to talk to 00:21:56.955 --> 00:22:03.733 - people about fenestration and no power at all really to do the thing I'd like to do, which would be 00:22:03.733 --> 00:22:10.713 - to prevent these sort of demolition delays. And I also don't understand why you would purchase a house 00:22:10.713 --> 00:22:17.694 - and not embrace the house for what it is. I mean, that house could be something. It could be fixed up. 00:22:17.922 --> 00:22:26.974 - It could continue to be rented out. It's just a real shame. Can I make a comment to that? Hold on, please. 00:22:26.974 --> 00:22:35.519 - This is just for commissioners only. Commissioner Duesner. I just hate seeing cases where the houses 00:22:35.519 --> 00:22:44.063 - are worth more debt than alive. All right. Commissioner Cross. I agree both with Commissioner Porter 00:22:44.063 --> 00:22:46.686 - and with the chair's position. 00:22:47.618 --> 00:22:56.241 - I didn't see anyone who could make a case, but I also regret to be done. And also, another disposition, 00:22:56.241 --> 00:23:04.781 - it's unfortunate that that responsibility doesn't fall before this commission. It's planning, I think, 00:23:04.781 --> 00:23:13.322 - who designates this area is what can be done. I'm sorry. Commissioner Schleykman. Yeah, I mean, I hate 00:23:13.322 --> 00:23:14.814 - saying these, but 00:23:15.522 --> 00:23:21.838 - made a good point. We can't save it on its own and buy a house just to tear it down. It just drives 00:23:21.838 --> 00:23:28.217 - up all the rest of the market values. And we have no affordable housing. We're looking at why. And I 00:23:28.217 --> 00:23:34.596 - wish we had more teeth to be able to back this back down, because it's just going to make everything 00:23:34.596 --> 00:23:40.975 - else worse. But unfortunately, our hands are tied. There's legally nothing we can do. CHRIS RODGERS. 00:23:40.975 --> 00:23:44.638 - Any secondary comments from the commissioners? All right. 00:23:44.738 --> 00:23:52.433 - We're ready to go to a vote. We already had public comment. OK. I wasn't sure. Well, this is still for 00:23:52.433 --> 00:24:00.054 - commissioners. Understood. There's a motion on the floor. It's commission only. All right. So there's 00:24:00.054 --> 00:24:07.599 - a motion on the floor for demolition delay 2606. We'll take a roll call vote. Treasurer Butler? Yes. 00:24:07.599 --> 00:24:14.622 - Commissioner Duesner? Yes. Commissioner Duffy? Yes. Chair Hacker? Yes. Commissioner Schlegel? 00:24:15.426 --> 00:24:22.909 - Yeah. OK. And that is approved 5-0. OK. Thank you very much for that. There will be public comment at 00:24:22.909 --> 00:24:30.245 - the end. There's an additional public comment on the end if there's additional comments that people 00:24:30.245 --> 00:24:37.875 - want to make on this. Next up, we have demolition delay 26-03. Mr. Samuelson. So I've received a letter 00:24:37.875 --> 00:24:43.230 - from the pit. We need to read into the record. Oh my gosh. I'm so sorry. 00:24:44.002 --> 00:24:51.369 - Can I have the address? Yeah, can you go back, Noah, really quick? 527 North Avenue. Today, regarding 00:24:51.369 --> 00:24:58.736 - the property located at 527 North Proud Avenue, the Historic Preservation Commission declares that it 00:24:58.736 --> 00:25:06.031 - got notice of proposed demolition and after today's discussion, sees no need to review the plans any 00:25:06.031 --> 00:25:10.942 - further and waives the rest of the demolition delay waiting period. 00:25:11.458 --> 00:25:17.843 - The HPC may later recommend the property for historic designation to the common council. All right. 00:25:17.843 --> 00:25:24.483 - Thank you very much. Demirits to me for forgetting that. So I'm going to have to keep the tail of that. 00:25:24.483 --> 00:25:30.995 - All right. So now next up is this next demolition delay, Mr. Simmons. OK. So I received a letter this 00:25:30.995 --> 00:25:36.997 - morning that was addressed to both myself and to the director of the planning department, Mr. 00:25:36.997 --> 00:25:39.870 - David Hittle, from the petitioner, Alan Sin, 00:25:40.642 --> 00:25:50.271 - who is petitioning for both COA 2603 for the demolition of 1331 East Atwater and for demolition delay 00:25:50.271 --> 00:25:59.805 - 2604 for 326 South Eagleson. The petitioner wrote, I would like to withdraw both of my petitions for 00:25:59.805 --> 00:26:09.150 - the demolition at 1331 East Atwater and 326 South Eagleson at this time. The petitions are DD 2603 00:26:09.634 --> 00:26:17.230 - and DD 2604. So this petition means, or sorry, this letter requesting withdrawal means that the action 00:26:17.230 --> 00:26:24.753 - to be taken on both this demolition delay and the next one coming up is the withdrawal on the part of 00:26:24.753 --> 00:26:32.276 - the petitioner, which means that a CZC for demolition is not going to be issued. And it also ends our 00:26:32.276 --> 00:26:35.742 - involvement with the demolition delay process. 00:26:44.386 --> 00:26:51.355 - Is Mr. Sin online? I don't know if he wants to offer any comment on this or not. I just wanted to make 00:26:51.355 --> 00:26:58.459 - sure. So I think that also means if we are interested in doing anything designation-wise for the houses, 00:26:58.459 --> 00:27:05.428 - we would have to add it to an agenda in the future. We cannot take that up right now because they have 00:27:05.428 --> 00:27:12.194 - formally withdrawn this. So we are not going to have a conversation about the further investigation 00:27:12.194 --> 00:27:13.886 - of that process tonight. 00:27:14.370 --> 00:27:22.450 - I would be curious to see if the commissioners are still interested in pursuing that now that the demolition 00:27:22.450 --> 00:27:30.085 - delay has been removed, and seeing if we want to add that to a future agenda. I don't know what people 00:27:30.085 --> 00:27:37.720 - are. We can go around. Commissioner Schlegel, what would you like to do? I would be, just because even 00:27:37.720 --> 00:27:41.278 - if he was able to sell the property or anything 00:27:41.698 --> 00:27:47.567 - the next owner might be the exact same thing we just had with the demo delay before this. They just 00:27:47.567 --> 00:27:53.612 - come in and buy it to raise it all. And without at least exploring the options, or I know we've talked 00:27:53.612 --> 00:27:59.599 - about what's underneath the siding in this house that's on the screen currently, just to get a better 00:27:59.599 --> 00:28:05.585 - feel. And I feel better knowing what's there and knowing the potential than waiting until it comes up 00:28:05.585 --> 00:28:11.454 - again, and then we have to scramble it. So I'd rather open the discussion, invite the neighborhood, 00:28:11.586 --> 00:28:18.053 - Isn't it across the street from Elm Heights? I can never remember. I was going to call it the wrong 00:28:18.053 --> 00:28:24.649 - district. But I'd rather open up those discussions and explore that now and just see what's possible. 00:28:24.649 --> 00:28:31.116 - So if anything does happen, we can say we did what we could without scrambling. Commissioner Cross, 00:28:31.116 --> 00:28:37.648 - any thoughts? Yes. You'd like to do it? Yes. OK. Commissioner Dueser? Yes. Continue discussion. Yes, 00:28:37.648 --> 00:28:39.006 - continue discussion. 00:28:40.002 --> 00:28:46.304 - Yeah, I think that's a great idea, especially with the proximity to Elm Heights. If there's a possibility 00:28:46.304 --> 00:28:52.250 - of adding these to Elm Heights, I think that would be great. I don't know if there is, but I'd like 00:28:52.250 --> 00:28:58.493 - to explore that. All right. Is there regarding both properties? Yeah. OK. I just want to be clear. Well, 00:28:58.493 --> 00:29:04.617 - because then if the one was, then if the other one would be adjacent, then, right? Right. I think it's 00:29:04.617 --> 00:29:09.790 - worth discussing. So I think, Mr. Samwise, if you can, on the next agenda, be able to. 00:29:10.018 --> 00:29:18.941 - put a discussion item for this. That would be great. I don't think we need to vote on that. I'll just 00:29:18.941 --> 00:29:27.689 - ask him to do that. All right. Well, thank you very much for that. Do you need time to make a note? 00:29:27.689 --> 00:29:36.700 - No. We can move ahead. OK. Well, next up is old business. All right. Old business. I guess you all are 00:29:36.700 --> 00:29:37.662 - aware that 00:29:38.050 --> 00:29:45.867 - Second reading and vote for the Cottage Grove Conservation District is coming up on the evening of May 00:29:45.867 --> 00:29:53.609 - 20th. So. I don't believe there's going to be another presentation, but there will be public comments 00:29:53.609 --> 00:30:01.730 - and a vote by the Commission. Sorry by City Council. So if that is something that you have strong feelings 00:30:01.730 --> 00:30:07.422 - about, then please attend. Anything else? Old business. Old business wise. 00:30:08.610 --> 00:30:19.808 - All right. New business. We have amendment to commission rules and procedures. That's right. So I hope 00:30:19.808 --> 00:30:31.223 - you've read this in your packets. This is a proposed amendment to Article 1, Section K of the commission 00:30:31.223 --> 00:30:38.398 - rules and procedures dealing with the denial without prejudice of 00:30:40.482 --> 00:30:46.268 - application, COA applications where the petitioner is not present. So the resolution as it reads, whereas 00:30:46.268 --> 00:30:51.727 - the Bloomington Historic Preservation Commission was established to guide the city in its intention 00:30:51.727 --> 00:30:57.240 - to preserve and protect historic and architecturally worthy buildings, structures, sites, monuments, 00:30:57.240 --> 00:31:02.699 - streetscapes, and neighborhoods in Bloomington. Whereas through state law and Bloomington Municipal 00:31:02.699 --> 00:31:07.230 - Code, the HPC has the authority to approve or deny certificates of appropriateness 00:31:07.746 --> 00:31:13.876 - for buildings in historic districts and those designated as historic throughout the city of Bloomington. 00:31:13.876 --> 00:31:19.772 - Whereas state law and the BMC require the HPC to act on the certificate of appropriateness within 30 00:31:19.772 --> 00:31:25.668 - days or it shall be deemed approved. Whereas in some instances, if the petitioner fails to appear at 00:31:25.668 --> 00:31:31.506 - the commission meeting and the cases continue to the next meeting, as requires by the HPC rules and 00:31:31.506 --> 00:31:34.366 - procedures, while 30 day clock continues to run, 00:31:35.170 --> 00:31:41.142 - Whereas the HPC seeks to create a framework in which the absence of the petitioner does not inadvertently 00:31:41.142 --> 00:31:47.058 - result in the issuance of a COA without approval on the merits. Whereas a denial without prejudice would 00:31:47.058 --> 00:31:52.917 - toll the 30 day clock and allow the petitioner to return with the same petition. Whereas a 30 day clock 00:31:52.917 --> 00:31:59.115 - can also be told when a petitioner agrees to a continuation. The Bloomington Historic Preservation Commission 00:31:59.115 --> 00:32:02.270 - shall adopt the following amended rules and procedures. 00:32:02.754 --> 00:32:10.079 - to jump ahead to the section that we are proposing to amend. If the petitioner does not attend a meeting 00:32:10.079 --> 00:32:17.404 - for which the commission review is scheduled, the commission may deny the application without prejudice. 00:32:17.404 --> 00:32:24.728 - Denial without prejudice allows the petitioner to request the same application be placed on a subsequent 00:32:24.728 --> 00:32:28.286 - agenda without having to resubmit the application. 00:32:31.938 --> 00:32:38.998 - I'm going to ask our attorney to jump in here as the petitioner for this. Would you like to add any 00:32:38.998 --> 00:32:46.551 - further comment? No, I think Noah covered it. There's also a small change in Article IV under certificates 00:32:46.551 --> 00:32:53.611 - of appropriateness, just clarifying again that if the petitioner agrees to the extension, that that 00:32:53.611 --> 00:32:58.270 - also is tolling the 30-day clock so that the time doesn't elapse. 00:32:58.562 --> 00:33:04.692 - when there's an agreed to continuation with the petitioner. So I think this provides you all an opportunity 00:33:04.692 --> 00:33:10.481 - to dispose of something, take a final action on something, but allows the person to come back without 00:33:10.481 --> 00:33:16.213 - inconveniencing them. They don't have to resubmit the application. They can just contact NOAA, which 00:33:16.213 --> 00:33:21.946 - they could have done in advance, too, to ask him to either present it or to agree to a continuation. 00:33:21.946 --> 00:33:27.678 - But it allows another opportunity for a petitioner to just request to be put on a subsequent agenda. 00:33:29.666 --> 00:33:35.608 - All right, are there any public comments about this? In person, I see none. Online, are there any public 00:33:35.608 --> 00:33:41.606 - comments about the amendment to the rules and procedures? I'm not seeing them. We have one person online, 00:33:41.606 --> 00:33:47.265 - and I've asked if they wanted to speak. I haven't quite heard them. I haven't had any response back 00:33:47.265 --> 00:33:53.207 - yet. OK, well, we'll move to Commissioner Comments then. Commissioner Butler, do you have any questions? 00:33:53.207 --> 00:33:58.526 - No questions. Commissioner Duffy? No questions. Commissioner Duesner? No. Commissioner Cross? 00:33:58.626 --> 00:34:06.112 - I'm just trying to figure out how this was. Does this make it significantly different from what was 00:34:06.112 --> 00:34:13.598 - before? Yes, it does. Because before, our bylaws said that if a petitioner was not present, that it 00:34:13.598 --> 00:34:21.458 - would be continued to the next hearing. But a continuation is not an action. It's just an administrative 00:34:21.458 --> 00:34:26.174 - process. And so it doesn't stop the 30 days from ticking away. 00:34:26.626 --> 00:34:33.379 - And if 30 days elapsed without an action by the commission, then the certificate of appropriateness 00:34:33.379 --> 00:34:40.469 - is deemed approved. OK, got it. It's closing the loophole. Commissioner Schlegel. I'm excited that we're 00:34:40.469 --> 00:34:44.318 - closing this loophole. I think this is a great addition. 00:34:46.306 --> 00:34:55.685 - That's not a question. That's not a declarative statement, sir. Isn't it time? This is out of order. 00:34:55.685 --> 00:35:05.157 - You have to end that statement with, or am I? I don't have any questions. You have a follow-up. Yeah. 00:35:05.157 --> 00:35:12.958 - The follow-up question would be, if we was to cancel it or deny it, and it's within 00:35:13.634 --> 00:35:20.923 - are under circumstances where a denial would trigger any kind of punitive action. Would those actions 00:35:20.923 --> 00:35:28.140 - follow based on or denial in this circumstance? So the denial for absence of the petitioner would be 00:35:28.140 --> 00:35:35.500 - a denial without prejudice. So it was... It's not the merits of the case. Yeah, it's not on the merits 00:35:35.500 --> 00:35:41.502 - of the case. So I don't think that it would be appropriate for a punitive action to 00:35:41.794 --> 00:35:48.997 - attached to it at that point, because again, we're just allowing that person to basically resubmit. 00:35:48.997 --> 00:35:56.560 - Right. But what I'm saying is, let's just say there was a NOSA violation pending, and this COA was meant 00:35:56.560 --> 00:36:03.979 - to remedy that, and we denied it. Would the consequences of that notice still follow based on the fact 00:36:03.979 --> 00:36:09.886 - that it was not heard and the decision was not made, or would we stay that notice 00:36:11.266 --> 00:36:17.459 - I think a notice of violation is separate than the action of the commission. So that burden is on the 00:36:17.459 --> 00:36:23.348 - petitioner, that if they receive a notice of violation, that they need to come and get something 00:36:23.348 --> 00:36:29.479 - retroactively approved or addressed by the commission, then they decide not to show up. That's their 00:36:29.479 --> 00:36:35.611 - decision. And the notice would stand. It's a separate item. Until they come and take care of it with 00:36:35.611 --> 00:36:40.286 - the law. And the violations are handled by staff, too, so that's not a loss. 00:36:40.514 --> 00:36:47.302 - So yeah, that's a great question. Any other questions? All right. Hearing none, I think we're ready 00:36:47.302 --> 00:36:54.294 - to entertain a motion. I'll move that we adopt the new language. I'll second that. Commissioner Dueser 00:36:54.294 --> 00:37:01.625 - has moved to adopt the amendment to commission rules and procedures as outlined by Mr. Sanlis. Commissioner 00:37:01.625 --> 00:37:08.888 - Butler has seconded. Any comment, Commissioner Butler? I think it's a great idea. Let's close the loophole 00:37:08.888 --> 00:37:10.110 - and move forward. 00:37:10.690 --> 00:37:19.348 - Mr. Duffy. Comments? No. No comment. I support it. Is Commissioner Duterte here? I like it. All right. 00:37:19.348 --> 00:37:28.005 - Commissioner Cross. I thank you. I support it. Great. Commissioner Schley, do I get to ask a question? 00:37:28.005 --> 00:37:34.814 - Sir. That was a question. Somebody else gets it to merit. All right, we're good. 00:37:34.978 --> 00:37:41.172 - I would like to thank our staff for working on this and helping us remedy this and make sure our rules 00:37:41.172 --> 00:37:47.247 - and procedures are as clear as possible and make sure people can drive around the stuff that we have 00:37:47.247 --> 00:37:53.321 - set up. All right. Any other secondary comments? Seeing none, I think we're ready to vote. It's been 00:37:53.321 --> 00:37:59.515 - moved and seconded to accept the amendments to commission rules and procedures as proposed. We'll take 00:37:59.515 --> 00:38:02.462 - a roll call vote on that. Treasurer Butler? Yes. 00:38:03.042 --> 00:38:10.952 - Commissioner Duesner? Yes. Commissioner Duffy? Yes. Chair Hacker? Yes. Commissioner Schlegel? Yes. That 00:38:10.952 --> 00:38:18.633 - motion is approved 5-0. Excellent. All right. Next up is commissioner comments. Do any commissioners 00:38:18.633 --> 00:38:26.543 - wish to comment? Commissioner Butler? I would like to welcome Commissioner Cross back to the committee, 00:38:26.543 --> 00:38:30.878 - and I'm really glad he's here. Yes. Seconded. Thank you. 00:38:31.586 --> 00:38:39.550 - Any other comments? No, you stole mine. Oh, sorry. Yes, Commissioner Duesner. It was nice to see so 00:38:39.550 --> 00:38:47.514 - many people at the Cottage Grove testimony, so many of us, even though it was late and it was great 00:38:47.514 --> 00:38:55.557 - to hear. I thought everybody who presented did a nice job and then it was really nice to hear voices 00:38:55.557 --> 00:39:00.734 - and even though the circumstances were less than great, so yeah. 00:39:00.930 --> 00:39:06.533 - Thanks, everybody. I would like to add, I want to thank Mr. Sanweiss for his presentation. I thought 00:39:06.533 --> 00:39:12.081 - it was thorough. I thought it was well done. And I thought he handled the questions really well. So 00:39:12.081 --> 00:39:17.961 - I just want to thank him for all the work that he's put in on this. Did a great job. And then, obviously, 00:39:17.961 --> 00:39:23.564 - I think the butlers for all the work that they did on doing all the groundwork and things like that. 00:39:23.564 --> 00:39:29.389 - So thanks for everybody who's been able to push that forward. Hopefully, we will have a favorable result 00:39:29.389 --> 00:39:30.110 - on the 20th. 00:39:30.946 --> 00:39:39.366 - Any other comments? All right. Public comment. Are there public comment? Yes. I just wanted to say thank 00:39:39.366 --> 00:39:47.787 - you all for coming and staying and supporting us. You guys are awesome. We couldn't have done it without 00:39:47.787 --> 00:39:55.646 - your help. That's Amy. And I thank you for wasting your entire evening trying to get out of there 00:39:55.874 --> 00:40:22.462 - Are there any public comments online? 00:40:25.186 --> 00:40:32.772 - We have someone online. I'm just trying to see if they're wanting to make a comment. How long have you 00:40:32.772 --> 00:40:40.359 - been asking them? It seems like there's some issues with the connection. Ah. And we don't have to wait 00:40:40.359 --> 00:40:48.240 - that long. Oh, well, yeah. OK, here we go. OK, they said that they're fine. Oh, Jenny. OK, Jenny Southern. 00:40:48.240 --> 00:40:54.942 - Thank you. All right, thank you. All right, no other comments. That brings us to the last. 00:40:55.746 --> 00:40:59.870 - of our agenda. This meeting is adjourned.