Historic District Commission

MANISTEE CITY HISTORIC DISTRICT COMMISSION Meeting of Thursday, January 7, 2016 3:00 p.m. - Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan AGENDA I Call to Order II Roll Call III Approval of Agenda At this time the Historic District Commission can take action to approve the January 7, 2016 Agenda. IV Approval of Minutes At this time Historic District Commission can take action to approve the December 3, 2015 meeting Minutes. V New Business By Law Review Annually the Historic District Commission shall review their By Laws at their regularly scheduled meeting in January. At this time the Commission could take action to amend their By Laws if needed. VI Old Business Permit Review At this time the Commission may take action to close out any outstanding permits. VII Public Comments and Communications concerning Items not on the Agenda At this time the Chair will ask if there are any public comments. VIII Correspondence At this time the Chair will ask if any correspondence has been received to be read into the record. IX Reports Main Street/DDA Director Museum Curator Museum Director Planning & Zoning Administrator X Members Discussion At this time the Chair will ask members of the Historic District Commission if they have any items they want to discuss. 1 XI Worksession XII Adjournment 2  MEMORANDUM 231.398.2805 City of Manistee Planning & Zoning Administrator Fax 231.723-1546 dblakeslee@manisteemi.gov www.manisteemi.gov TO: Historic District Commissioners FROM: Denise Blakeslee, Planning & Zoning DATE: December 21, 2015 RE: Historic District Commission Meeting January 7, 2016 Commissioners, the next Historic District Commission will be on Thursday, January 7, 2016. We have the following items on the agenda: By Law Review - Annually the Historic District Commission shall review their By Laws at their regularly scheduled meeting in January. I have enclosed a copy of the 2015 List of Action in your packets for you. Packets are being sent out early since I will be out of the office until January 5, 2015. If any requests come in during my absence, you will be sent an amended agenda along with the request prior to the meeting. I want to thank each of you for all of your hard work and dedication preserving our beautiful historic downtown. Have a wonderful holiday and best wishes for the New Year. If you are unable to attend the meeting please call me at 398-2805.  HISTORIC DISTRICT COMMISSION Council Chambers, City Hall 70 Maple Street Manistee, MI 49660 MEETING MINUTES December 3, 2015 A Meeting of the Manistee City Historic District Commission was held on Thursday, December 3, 2015 at 3:00 p.m. in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 3:05 p.m. by Chair Kracht. ROLL CALL: Members Present: Aaron Bennett, Teena Kracht, John Perschbacher, Lee Trucks Members Absent: Dave Carlson, T. Eftaxiadis, Mary Russell (excused) Others: Roger Zielinski (529 First Street), James Smith (353 First Street), Mark Fedder (Museum Director), and Denise Blakeslee (Planning & Zoning Administrator) APPROVAL OF AGENDA: MOTION by John Perschbacher, seconded by Lee Trucks that the Agenda be approved as prepared. With a voice vote this motion passed unanimously. APPROVAL OF MINUTES: MOTION by John Perschbacher, seconded by Lee Trucks that the Minutes of the October 1, 2015 Meeting be approved as prepared. With a voice vote this motion passed unanimously. NEW BUSINESS: HDC-2015-20 Tracey Lindeman, 308 River Street – request for the installation of a French Door on rear of building. A request has been received from Tracey Lindeman, 308 River Street for a Certificate of Appropriateness for the installation of a single French Door in the place of the second story window (second window from the east) to match replacement windows that were approved by the Museum Director on 9/15/15. The request is needed to provide access to a new deck to be construction in late 2016 or spring of 2017. City of Manistee Historic District Commission Meeting Minutes December 3, 2015 Page 1 Mr. Lindeman lives out of state, Ms. Blakeslee explained the request to the Commissioners. The Commission discussed the project and timing for construction of the deck. Motion by Lee Trucks, seconded by John Perschbacher to approve the request from Tracey Lindeman, 308 River Street for a Certificate of Appropriateness for the installation of a single French Door in the place of the second story window (second window from the east) to match replacement windows that were approved by the Museum Director on September 15, 2015 with the condition that an exterior deck or balcony be constructed by January 1, 2018 and that the bricks be carefully removed and stored for future use. With a roll call vote this motion passed 4 to 0. Yes: Bennett, Perschbacher, Trucks, Kracht No: None Tracey Lindeman, 308 River Street – Deck Mr. Lindeman is not ready at this time to submit a formal request for a Certificate of Appropriateness for the construction of a deck on the rear of his building at 308 River Street. While discussing the French door with staff he mentioned that he had planned to use black iron spindles for the deck he is planning to construction in the fall of 2015/early spring 2016. Staff discussed with the Commissioner’s if they had an opinion about the use of black wrought iron spindles or railings on a deck on the rear of the building at 308 River Street. Consensus from the commission was that the applicant would have to find an historic precedence for the use of black iron spindles or railings in the district. The applicant will have to submit a detailed site plan for their consideration. The use of wood spindles is historically accurate. Election of Officers 2016 According to the By-Laws of the City of Manistee Historic District Commission their annual election of Officers is held at the December Meeting for the following year. Chair At this time the meeting was turned over to Denise Blakeslee who asked for nominations for the Position of Chair. John Perschbacher seconded by Aaron Bennett nominated Teena Kracht for the position of Chair Nominations were asked for three times. There being no further Nominations Commissioner Denise Blakeslee moved that the nominations be closed. With a roll call vote, Teena Kracht was elected Chair of the Historic District Commission for 2016, 4 to 0. Yes: Perschbacher, Bennett, Trucks, Kracht No: None City of Manistee Historic District Commission Meeting Minutes December 3, 2015 Page 2 Ms. Blakeslee turned the meeting over to Chair Kracht. Vice-Chair Chair Kracht asked for nominations for the Position of Vice-Chair. Lee Trucks seconded by Aaron Bennett nominated John Perschbacher for the position of Vice Chair Nominations were asked for three times. There being no further Nominations Commissioner Chair Kracht moved that the nominations be closed. With a roll call vote, John Perschbacher was elected Vice - Chair of the Historic District Commission for 2016, 4 to 0. Yes: Trucks, Perschbacher, Bennett, Kracht No: None Appointment of a Recording Secretary 2016 At this time the Historic District Commission will appoint a Recording Secretary to handle the administrative functions of the office. Motion by John Perschbacher, seconded by Aaron Bennett that Denise Blakeslee be appointed Recording Secretary for the Historic District Commission for 2016. With a roll call vote, Denise Blakeslee was appointed Recording Secretary of the Historic District Commission for 2016, 4 to 0. Yes: Bennett, Perschbacher, Trucks, Kracht No: None OLD BUSINESS None PUBLIC COMMENTS AND COMMUNICATIONS CONCERNING ITEMS NOT ON THE AGENDA Roger Zielinski, 529 First Street spoke to the Commission about the utility pole behind Mr. Lindeman’s building at 308 River Street. CORRESPONDENCE None City of Manistee Historic District Commission Meeting Minutes December 3, 2015 Page 3 STAFF REPORTS Mark Fedder, Museum Director - reported to the Commission the permits that he issued since the October meeting. 344 River Street – Famous Flynn’s, exterior modifications and corrections. Issued Permits PHDC15-012 & PHDC15-18 Note this project will not receive a certificate of compliance; upon completion the permits will be closed. 101 Maple Street – Ramsdell Theatre, paint colors and repairs as needed. Issued Permit PHDC-019 Denise Blakeslee, Planning & Zoning Administrator – spoke to the commission about the River Parc project and that a request has been submitted for a Planned Unit Development to get the project started in 2016. Staff review of the site plan shows that some additional windows will need to be installed to provide egress for bedrooms. The developer decided not to move forward with adding additional units on the top of the building as they previously requested. This item will be on the January meeting for consideration. MEMBERS DISCUSSION Commissioner Perschbacher spoke of the window replacement on the Peterson house (outside the district). Chair Kracht spoke about educating historic property owners about preservation standards. Commissioner Bennett spoke about historical residential properties, lighting and signage. Commissioner Trucks spoke about the district and improvements. The Next meeting of the Historic District Commission will be on Thursday, January 7, 2016 at 3:00 p.m. in the Council Chambers, City Hall, 70 Maple Street. ADJOURNMENT: MOTION by Aaron Bennett, seconded by John Perschbacher that the meeting be adjourned. Motion passed unanimously. MEETING ADJOURNED AT 3:55 P.M. MANISTEE HISTORIC DISTRICT COMMISSION __________________________________________ Denise J. Blakeslee, Recording Secretary City of Manistee Historic District Commission Meeting Minutes December 3, 2015 Page 4  CITY OF MANISTEE HISTORIC DISTRICT COMMISSION BY- LAWS AND RULES OF PROCEDURES 1. AUTHORITY These By- laws and Rules of Procedures are adopted by the Historic District Commission of the City of Manistee, County of Manistee, ( hereinafter referred to as the Commission)pursuant to Public Act 169 of 1970, as amended, the Local Historic Districts Act;the City of Manistee Codified Ordinance, and the Public Act 267 of 1976, as amended, the Open Meetings Act. 2. OFFICERS 2.1 Selection. At the December meeting, the Historic District Commission shall elect a chair, vice-chair and appoint a recording secretary who shall serve for the next twelve 1 ( 2)months and who shall be eligible for re- election. Vacancies in an office of the Commission shall be filled at the next regular meeting of the Commission. The membership shall elect one of its members to fill the vacancy until the next annual election. 2.2 Duties. The chair shall preside at all meetings and shall conduct all meetings in accordance with the rules provided herein and sign all official documents. The vice-chair shall act in the capacity of the chair in the absence of the chair or in the event of a vacancy in the office of chair; in which case, the Commission shall select a successor to the office of vice-chair at the earliest practicable time. The Recording Secretary shall be responsible for execution of documents in the name of the Historic District Commission, the preparation of minutes,keeping of pertinent public records, delivering communications, reports, and related items of business of the Commission, issuing notices of public hearings and performing related administrative duties to assure efficient and informed Commission operations. In the event the Recording Secretary is absent,the chair or acting chair shall appoint a temporary redording secretary for such meeting. 2.3 Tenure. The officers shall take office at the first regularly scheduled meeting immediately following their election. They shall hold their office for a term of one year, or until their successors are elected and assume office. City of Manistee Historic District Commission 1 Laws and Rules of Procedures By- 3. MEETINGS 3.1 Meetin2 Notice. Notice of all meetings shall be posted at City Hall by December 31S` of each year. The notice shall include the date, time and place of the meeting. Any changes in the date or time of the regular meetings shall be posted and noticed in the same manner as originally established. When a regular meeting date falls on or near a legal holiday, the Commission shall select suitable alternate dates in the same month, in accordance with the Open Meeting act. 3.2 Commission Absences. In order to maintain the maximum participation of all appointed Historic District Commission members at all scheduled meetings, the following is the attendance guide and Commissioner replacement policy for "excused" or "unexcused" absences: 1. When appointed, each Commissioner should state his/her willingness and intention to attend each scheduled meeting of the Historic District Commission. 2. In the event of unplanned personal matters, business trips, family vacation trips, changed job requirements, sickness, or other physical disabilities that prohibit the Commissioner from attending the scheduled meeting;the Commission Chair or staff Liaison to the Historic District Commission should be notified as soon as possible prior to the time of the scheduled meeting of their inability to attend. The Commissioner upon this notification will receive an " excused absence" for the involved scheduled meeting. 3. If any Commissioner is absent from three (3)consecutive scheduled meetings without an " excused absence" for any of the three (3)meetings, the Commissioner shall be reported in writing to the City Manager. The City Manager will contact the Commissioner in writing and question his/her continued ability or interest in being on the Commission, giving the member a chance to rectify the attendance issue or submit a resignation. 4. There will be no limit on the number of consecutive "excused absences" for any Commissioner. However, if the Commissioner is repeatedly absent for at least 50% of the yearly scheduled meetings, that member will also be reported in writing to the City Manager. The City Manager will contact the Commissioner in writing and question the member's continued abiliry or interest to be on the Commission. The Commissioner will be considered for an appointment nullification when the absences total six in the calendar year. 5. The appointment nullification action would be initiated by the City Manager and forwarded on to the City Council for official action. City of Manistee Historic District Commission 2 Laws and Rules of Procedures By-  3.3 Special Meetings. A special meeting may be called by the Chair, or three members of the Historic District Commission upon written request to the Recording Secretary. The business which the Historic District Commission may perform shall be conducted at a public meeting of the Historic District Commission held in compliance with the Open meeting Act. Public Notice of the time, date, and place of the special meeting shall be given in a manner as required by the Open Meeting act, and the Recording Secretary shall provide notice to commission members by writing, telephone, or e- mail. 3.4 uorum. In order for the Commission to conduct business or take any official actions, a quorum consisting of at least a majority of the appointed Commissioners shall be present. When a quorum is not present, no official action, except for the closing of the meeting may take place. The members of the commission may discuss matters of interest, but shall take no action until the next regular or special meeting. All public hearings without a quorum shall be scheduled for the next regular or special meeting and no additional public notice is required provided the date,time and place is announced at the meeting. 3.5 Public Hearings. Hearings shall be scheduled and due notice given in accordance with the provisions of the Acts and Ordinance cited in Section 1. Public hearings conducted by the Historic District Commission shall be run in an orderly and timely fashion. This shall be accomplished by the following procedure. l. The Chair of the Historic District Commission shall announce that a public hearing will be conducted on a request. 2. The Chair shall read the public hearing announcement as published in the newspaper and give a brief description of the hearing subject and the public notice procedure. 3. The Chair shall announce the following hearing rules: a. The Chair will recognize each speaker. When a speaker has the floor, he/she is not to be interrupted unless time has expired. Persons speaking without being recognized shall be out of order. b. Each speaker shall state their name and address for the record and may present written comments for the record. c. Speakers shall address all comments and questions to the Historic District Commission and comments will be limited to the subject matter of the Public Hearing. d. Unless waived by the Historic District Commission for a specific meeting or a specific speaker, public comment shall be limited to five (5)minutes per speaker, one time only. If a group of people wish to be heard on one subject, a City of Manistee Historic District Commission 3 Laws and Rules of Procedures By-  spokesperson may be designated who may request that more than five (5)minutes be permitted for collective comments of the group as presented by that speaker. e. The Chair may require that repetitive comments be limited or abbreviated in the interest of saving time and allowing others to speak. Everyone shall have an oppartunity to speak before someone is allowed to speak a second time. The Chair may establish additional rules of procedure for particular hearings as he/she determines appropriate. g. Normal civil discourse and decorum is expected at all times. Applause, shouting, outbursts, demonstrations, name-calling or other provocative speech or behavior may result in removal from the hearing or an adjournment. 4. Once all public comments have been stated, the Chair shall close the hearing. Any voting member of the Historic District Commission may initiate a motion to close the hearing. 5. Public Hearings shall be carried out in the following format: a. The Chair shall open the hearing. b. The Applicant shall present any comments and explanation of the case. Applicant's presentation shall not be subject to the five (5)minute limitation. c. The City staff and any consultants serving the City shall present their reports. d. The hearing will be opened for public comment. e. The public comment period will be closed. f. Deliberation and discussion by the Historic District Commission. g. Disposition of the case by the Historic District Commission. 3.6 Motions. Motions shall be restated by the Chair before a vote is taken. The name of the maker and supporter of each motion shall be recorded. 3.7 Votin . An affirmative vote of the majority of those members present shall be required for the approval of any requested action or motion placed before the Commission. Voting shall ordinarily be by voice vote;provided however that a roll call vote shall be required if requested by any Commission member or directed by the Chairperson. All members of the Commission including the Chairperson shall vote on all matters,but the Chairperson shall vote last. 3.8 Order of Business. A written agenda for all regular meetings shall be prepared. 3.9 Rules of Order. All meetings of the Commission shall be conducted in accordance with generally accepted parliamentary procedure as adopted by City Council for all Boards and Commissions within the City of Manistee. City of Manistee Historic District Commission 4 Laws and Rules of Procedures By-  3. 10 Agenda Items. For an item to be considered at a regular Historic District Commission meeting, it must be submitted to the City no later than the established policy of the City prior to the next scheduled Historic District Commission Meeting. 3. 11 Conflict of Interest: 1. As used here, a conflict of interest shall at a minimum include, but not necessarily be limited to,the following: a. A commission member issuing,deliberating,voting or reviewing a case concerning himself. b. A commission member issuing,deliberating,voting or reviewing a case concerning work on land owned by himself. c. A commission member issuing, deliberating, voting or reviewing a case involving a corporation, company, partnership, or other entity in which he is a part owner, or any other relationship where he may stand to have a financial gain or loss. d. A commission member issuing, deliberating, voting or reviewing a case which is an action which results in a pecuniary benefit to himself. e. A commission member issuing, deliberating,voting or reviewing a case concerning his spouse, children, step-child, grandchildren, parents, brother, sister, law or member of his household. law, grandparents in- grandparents, parents in- f. A commission member may consider the possibility of declaring a conflict of interest if his/her home falls within a notification radius used for a Public Hearing. Because the sending of the notice automatically presumes some degree of interest, this fact should be recognized by declaring a conflict, particularly if a financial impact is likely. g. A commissioner who feels, in his/her judgement that his/her job,scope of duties and/or position may be at risk, pending the outcome of the permitting process. 2. A commission member shall, when he/she has a conflict of interest do the following immediately, upon the first review of the case and determining a conflict exists: a. declare a conflict exists at the beginning of the meeting where the case appears on the agenda, or when the topic brought up so such declaration is recorded in the minutes, and b. refrain from participating in the discussion, site inspection or review of the case, except where specific information has been requested by the commission, and c. refrain from casting a vote on any motion having to do with the case. 4.MINUTES 4.1 Preparation. Commission minutes shall be prepared by the Recording Secretary of the Commission. The minutes shall contain a brief synopsis of the meeting, including a complete restatement of all motions and recording votes; complete statement of the City of Manistee Historic District Commission 5 Laws and Rules of Procedures By-  conditions or recommendations made on any action; and recording of attendance. All communications, action and resolutions shall be attached to the minutes. 5. OPEN MEETINGS AND FREEDOM OF INFORMATION PROVISIONS 5.1 All meetings of the Commission shall be open to the public and held in a place available to the general public. 5.2 All deliberations and decision of the Commission shall be made at a meeting open to the public. 5.3 A person shall be permitted to address a hearing of the Commission under the rules established in subsection 3.5, and to address the Commission concerning non- hearing matters at the time designated for such comments. 5.4 A person shall not be excluded from a meeting of the Commission except for breach of the peace, committed at the meeting. 5.5 All records, files, publications, correspondences, and other materials are available to the public for reading, copying, and other purposes as governed by the Freedom of Information Act. 6. ANNUAL REVIEW OF BY- LAWS Laws at the regularly scheduled meeting in January. The Commission shall annually review their By- 7. AMENDMENTS These rules may be amended by the Commission by a concurring vote subject to subsection 3. 7, during any regular meeting, provided that all members have received an advanced copy of the proposed amendments at least three (3)days prior to the meeting at which such amendments are to be considered. City of Manistee Historic District Commission 6 Laws and Rules of Procedures By- I HEREBY CERTIFY that the above Bylaws were adopted the 9h̀ day of July 2009. Ma ( Teena)Krac t,Ch ir Annotation:As approved by the City Council at their June 2, 2009 Meeting - Council authorized the bylaw amendments for all Boards and Commissions to include the new Board Absences language; directed all boards or commissions to implement and follow these changes as Council has requested; and authorized the Mayor to sign the amended bylaws.] Approved by the City of Manistee Council 9 1914'oOj Date Cynthia A.Fuller, Mayor City of Manistee Historic District Commission 7 Laws and Rules of Procedures By-