HomeMy WebLinkAboutBHPCMinutes_2009_06_04Brookings Historic Preservation Commission
June 4, 2009
A meeting of the Brookings Historic Preservation Commission was held on Thursday,
June 4, 2009 at 4:00 p.m. in City Hall. Members present: Pam Merchant, Jerry
McCollough, Janet Gritzner, Dennis Willert, Pat Powers and Joanita Kant. Mary Bibby
was absent. Shari Thornes, City Clerk, was also present. Gue sts: Mel and Cheryl
Schrader and Nancy Flynn.
Chairperson Willert called the meeting to order at 4:10 p.m.
Adoption of agenda. The following items were added to the agenda: This Old House
feature on Brookings houses, damaged historic district signs, and Update on the
Preserve America project. A motion was made by McCollough, seconded by Merchant,
to approve the agenda as amended. All present voted yes; motion carried.
Minutes. A motion was made by McCollough, seconded by Powers, to approve the May
minutes as printed. All present voted yes; motion carried.
Schedule next monthly meeting. Tentative date - Tuesday, June 30th, at 4:00 p.m.
Historic Districts and Properties.
Central Residential Historic District—National Register District
1) Discussion regarding Brookings County Commission’s proposed purchase of
properties at 610 3rd Street, 702 and 704 4th Street.
Thornes provided the following summary on the Brooking County Commission
meetings related to these properties:
o May 12th: The County Commission approved action to purchase the 4th
Street properties for $260,000.
o May 19th: The Brookings Historic Preservation Commission requested an
opportunity to speak at the meeting. Dennis Willert, BHPC Chair, read a
prepared statement from the BHPC.
o May 26th: The agenda item regarding the 610 3rd Street property was
removed from the agenda pursuant to the owner’s request. The draft
purchase agreement for 4th Street properties was referenced during the
meeting.
o June 2nd: The County Commission previously approved the purchase and
price for the 4th Street properties. At this meeting the Commission approved
the purchase agreement on 702 & 704 4th Street on a 4/1 vote. No appraisals
were obtained. The Commission’s attorney noted that the County was
buying property for the location and not the value of the structures.
Commissioner Falken clarified that the County Commission didn’t vote to not
have it appraised, as was stated by Commissioner Gregg. Commissioner
Falken objected to the County proceeding without a plan. If it ends up there
is no use for the land, the County won’t get their money back. Commissioner
Santema noted that the County is buying them for the sole purpose to be
used as parking lots – tear down. It was clarified that the renters have one
year leases and the County would be responsible to maintain the properties
as landlords. Commissioner Falken raised concerns about the condition of
the properties and recommended inspections. He suggested the County
take possession of the property at end of lease. The County is scheduled to
act on a supplement budget appropriation hearing to authorize the transfer
of funds for the purchase on June 23rd. Thornes was asked if the County has
to own the properties first to trigger the review process. The attorney
anticipates the purchase agreement process to take 2-3 months. A
possession date has been identified. The attorney said it won’t be
scheduled until all contingencies are settled. It was further noted that the
properties weren’t publically listed for sale. The attorney referenced needing
to wait until all issues are resolved to include any potential referral actions.
There was no discussion regarding the 3rd street property; however, the
realtor representing the seller came late and didn’t speak during the
meeting. Some contact from property owners in the area expressing interest
in a local district and have provided some information.
Powers noted on the matter of a potential referral, the Commission can not
actively participate. The BHPC can promote the protection of historic resources;
it can scold public officials, but the Commission ultimately can’t stop the sa le.
Merchant said she spoke with the City Manager regarding the space needs task
force and having someone from the BHPC represented on the group. Further
clarification on the task force’s mission and timeline is needed. She feels the
BHPC can ask these questions and request an opportunity to participate.
There was concern that the current County Commission members and the
members of the space needs task force have misinformation regarding the 1921
building. It was suggested that the BHPC invite Steve McCarty, the original
project developer, to speak with both groups. It was noted that Mr. McCarty is
also a South Dakota Advisor to the National Trust for Historic Preservation. A
motion was made by McCollough, seconded by Merchant, to invite Mr. McCarty
to Brookings to speak to the organizations listed above. All present voted yes;
motion carried.
2) Status report on SDCL 11.1 Review for project at 506 Third Street.
Thornes noted that the Commission was waiting for further documentation from
the property owner, before it moves forward with final comments on the 11.1
Review Case Report. A motion was made by Powers, seconded by McCollough,
to send a letter to Brian Gatzke, owner of 506 3 rd Street, asking his intentions
with the property (i.e. if removal was still planned in the 180 day period),
requesting the needed information, and if the project was on hold the
Commission request he reapply when the project is ready to commence. All
present voted yes; motion carried.
Commercial District –National Register District
1) DBI Report. Willert reported that John Seward, DBI’s program manager, is doing a
great job. He has two interns working for DBI this summer. There are a number
of events planned including ‘music on main’ featuring bands in a vacant lot on Main.
The Farmer’s Market is expanding with partnerships with local growers. Other
events include the car show and crazy days. Investor numbers are up.
University Residential District. No reports.
Eligible / Individual Listing
1) South Dakota State University – Horse Barn. Thornes reported that she was
alerted to the possibility that the Horse Barn located on North Medary Avenue
may be threatened. She recommended the Commission act quickly to get the
property listed on the State Register in order to trigger a review process. A
motion was made by Powers, seconded by McCollough, to strongly urge the
State Historic Preservation Office to nominate the SDSU Horse Barn to the State
Register of Historic Places immediately and to proceed with a National Register
of Historic Places nomination for submission to the State Historical Society Board
of Trustees at their next available date. All present voted yes; motion carried.
2) Status Report – 202 5th Street. Gritzner met with Chuck and Mary Lou Berry,
the owners of 202 5th Street, and has completed the National Register
preliminary assessment form for submission to the State Historic Preservation
Office. The report and pictures will be sent to the State Office for their review
and completion of a full nomination.
Updates/Wrap-up Reports:
1) Mayor’s Awards – final wrap-up comments. Willert, assisted by the Mayor,
presented the awards to the four winners at the May 12th City Council meeting.
All awardees attended. Council Member Bezdichek commended each of the
winners during the meeting.
2) Report on Historic information on City Website. Kant spoke with John Miller,
retired SDSU History Professor and former BHPC member, about the project;
however, Miller said that he would not have time to provide historical
information for the City website for the Commission. He is working on several
paid projects at this time. He said that he believes that Chuck Cecil's information
is good and that Miller used it in writing the local history for the Brookings
history book. The CLG could take the information written by Miller for the
Brookings County History Book and use it for the site. He said to check with
Sherry DeBoer about any copyright issues, but he didn’t think there are any.
However, in using that information, it is mostly taken from Chuck Cecil's work.
3) Report on University Week for Women Porch Tour. McCollough will conduct
the guided tour in the University and Central residential districts on Thursday,
July 9th, from 10:30 to 11:30. The tour will conclude on the Dave and Diane
Kosbau’s porch at 824 5th Street.
4) Report on Commercial District Plaque Installation. Thornes was contacted by
John Seward of DBI asking if the plaques could get installed in June. Tho rnes
advised him that this is a big job that city crews and/or a contractor with
knowledge of variety of surface materials would be needed. Plaque placement
from building to building will be unique and require city staff and city crew
present. New permission forms will also need to be obtained from each owner.
Thornes, as well as the city crews, are working on several projects this summer
and won’t be available until fall or winter.
Update on Local District Process Project. Thornes provided the Commission with the
following list of products that will require drafting and formal review by the National
Trust attorney, the State Preservation office and the city attorney.
Thornes noted that the listing process for an Individual Local Registry and a Local District
will be very different in terms of legal requirements and the level of protection (legal
notices, application forms, letters of notification, create of study committee, ordinance ).
The following is a tentative outline of actions and produ cts related to the project.
o Individual Local Registry (Ordinance 9:03 Section 10-101 to 10-115)
Nomination Form
o By owner, BHPC, Council or anyone
Mail notice to owner(s) 10 days prior to BHPC hearing
Publish legal notice of hearing 10 days prior to hearing
BHPC Action:
o Resolution on nomination – meeting at least 1 specified criteria
o Report to City Manager for City Council consideration on findings and
significance.
o Mail notice of determination & report to owners within 10 days of
action
Appeal
o Within 20 days of postmark of determination
o Final after 20 days
City Council action:
o Action required within 60 days of receipt of report
o Public hearing
1) Notice to owners – 10 days prior
2) Legal notice published 10 days prior
o Options:
1) Accept report & designate
2) Reject report
3) Reject owners’ appeal against listing
4) Accept owners appeal against listing
5) Reject owners appeal for listing
6) Accept owners appeal for listing
Notice of designation – w/n 60 days
1) Permanent market developed & approved by BHPC is placed
on or near property
City Clerk files original ordinance with Register of Deeds
City Clerk notifies DOE
Demo process
o Posting of signs
Moving structures to area
o Approval
o Or, posting of signs & 180 day delay
Alterations
o Application for changes
o Post sign w/n 7 days after application & posted up to 180 days or until
BHPC approval
o No certificates of appropriateness
o Local District
All property owners of area / have been contacted & evidence is provided
there is interest
City Council forms local historic district study committee
o 7 members - BHPC, property owners
o Investigate & make recommendations complying with criteria
Local District Committee:
o Report findings to BHPC, Planning Commission & State Historical
Society Board of Trustees for recommendations
o 60 days later – public hearing on district
1) Notices to all owners
2) Legal notice (not stipulated)
o Consult with BHPC
o Submit final report to City Council with recommendations & proposed
ordinance
City Council action:
o Within 60 days
o May holding hearing to approve ordinance
1) Must notify all owners 10 days prior to hearing
2) Publish legal 10 days prior
o Notice of determination
o If approved – Council must establish a local district commission who is
the BHPC
Local District Commission
o Review applications & plans for the following:
1) Exterior features – architectural style, general building design
2) Windows, doors, fixtures, signs & other appurtenant features
3) NO INTERIORS
o Use Sec of Interior Standards for Rehab as guidelines for basis
o Hold hearings
o Give notice by mail to everyone within 250 feet of property – notify
bhpc of concerns
o May hold public hearing
1) Notice 10 days prior
o Issuance of Certificate of appropriateness
1) Approvals – notify immediately
2) Fails to act in 45 days, deemed approved
3) Denials – record of reasons & notify applicant.
4) Maintain record in city clerk
5) Appeal to circuit court
o Review process products and projects
Guideline development
Member training
o Protocols for conduct of meetings
o Application of the rules and Consistency
o Internal process:
Staff review
Commission review
Review of district designation reports / corrections
o Informational pieces – Q&A pieces on Local District Importance
Why create a local district?
What are the benefits?
What is the difference between National, State & Local districts?
How does a Local District designation differ from individual property
protection?
Will it add another layer of permitting?
Will the designation affect choices for my home?
Effect on property value?
Tax incentives?
How do I become part of a district?
Info piece on how to create a local district (flow chart)
Funding Reports
1) 2009/2010 Grant Application. Thornes reported that the State was planning to
fully fund the BHPC’s grant application. Funds will be available within the
month.
2) 2008/2009 Grant Amendment Requests. All grant amendments previously
requested have been granted.
3) 2010 City Funding. Thornes is preparing the city funding request and will ask for
level funding of $3600 plus the allowed 3% increase as the city’s match for the
funds. The deadline is June 22nd.
Announcements/Correspondence/Communications.
1) Thornes was contacted by a representative of This Old House and they want to
feature historic houses in Brookings. Thornes will line up someone to take pictures
and get them sent to the magazine. She believes this is for their online addition.
2) Damaged historic district signs. The Street Department reported damage to
historic district signs.
3) Update on the Preserve America project. The federal grant administrator at the
National Park Service contacted the SD SHPO Office about the status of Brookings'
Preserve America grant. SHPO inquired if it could be transferred to the State Offices
and they indicated it could not. The grant could be used for another project for the
SHPO or another PA community, but all the payments and reimbursements would
still have to go through the City of Brookings. Thornes will be discussing options with
SHPO staff in the near future and will report back to the BHPC.
Calendar
June 20-27, 2009 DEADWOOD PLT
July 9, 2009 Porch Tour – University Week for Women @ 10:30 am
Oct. 13-17, 2009 National Trust for Historic Preservation Annual Conf – Nashville, TN
Oct. 26-30, 2010 National Trust for Historic Preservation Annual Conf – Austin, TX
Meeting adjourned at 6:15 p.m.
Submitted by Shari Thornes