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Charlotte-Mecklenburg Historic Landmarks Commission PROJECTS COMMITTEE MEETING January 7, 2003
Location: 2100 Randolph Road, Charlotte, N. C. Time: 6:00 p.m. - 7:30 p.m. Present: John Parker, Committee Chairman Tattie Bos, Committee Vice-Chairman Caroline Beacham Deborah Cox John Geer Yolanda Johnson-Gess Valerie Lewis (1st meeting) Joe Kluttz Len Norman John Misenheimer, HLC Vice-Chairman Dan Morrill, HLC Consulting Director Bryan Turner, HLC Projects Manager Patricia Nystrom, HLC Attorney Mary Lynn Morrill, HLC Recording Consultant Absent: None Visitors: Peter Pappas, Pappas Properties (Charlotte Cotton Mill) Charles Teal, Pappas Properties (Charlotte Cotton Mill) Wade Finger, Pappas Properties (Charlotte Cotton Mill) AGENDA Mr. Parker welcomed everyone to the meeting. He extended a special welcome to Ms. Lewis as a new committee member. The next meeting of the Projects Committee is scheduled for Monday, February 3, 2003, at the HLC office. 1. Consulting Director’s Report: Dr. Morrill a. Recommendations of approved list for Architects for FY04 Projects. MS. COX PRESENTED A MOTION SECONDED BY MR. NORMAN TO RECOMMEND TO THE HISTORIC LANDMARKS COMMISSION THAT THE FOLLOWING ARCHITECTURAL FIRMS BE INCLUDED ON THE APPROVED LIST FOR HLC ARCHITECTS FOR CALENDAR YEAR 2003: THE COPELAND OFFICE, LAFFERTY ARCHITECT, YELVERTON ARCHITECTS, HARRIS ARCHITECTS, AB ARCHITECTURE, ARCHITECTURAL DESIGN STUDIO. THE COMMITTEE UNANIMOUSLY APPROVED THE MOTION. b. Grier-Rea House MR. NORMAN PRESENTED A MOTION SECONDED BY MS. BOS TO RECOMMEND TO THE HISTORIC LANDMARKS COMMISSION THAT YELVERTON ARCHITECTS BE THE PROJECT ARCHITECT FOR THE GRIER-REA HOUSE. THE COMMITTEE UNANIMOUSLY APPROVED THE MOTION. Mr. Turner reported that the demolition of the Krueger House is underway (the house that was on the site that the HLC bought for the Grier-Rea House located at the corner of Alexander Road and Providence Road.) The demolition should be completed by January 9, 2003. Foundation construction is anticipated to begin during the week of January 13, 2003. The house, temporarily located on a lot across the road from what will be the permanent site, is to be relocated to the new site during the week of January 27, 2003. c. Sidney & Ethel Grier House MS. BOS PRESENTED A MOTION SECONDED BY MR. NORMAN TO RECOMMEND TO THE HISTORIC LANDMARKS COMMISSION THAT THE COPELAND OFFICE BE THE PROJECT ARCHITECT FOR THE SIDNEY AND ETHEL GRIER HOUSE. THE COMMITTEE UNANIMOUSLY APPROVED THE MOTION. Mr. Turner reported that the purchase is complete. Site cleanup and exterior hazardous material removal has been completed. The house has been boarded up to prevent vandalism.
2. UPDATE ON PALMER FIRE SCHOOL Mr. Turner reported that Staff is completing due diligence items requested by the purchaser, Barwick Associates. The anticipated closing date is late January 2003.
3. CHARLOTTE COTTON MILL Mr. Pappas spoke on marketing for sale vs. leasing for the HLC’s Building B of the Charlotte Cotton Mill. Information was distributed and questions were addressed. Mr. Parker suggested that a subcommittee from the Projects Committee meet with Pappas Property officials in regards to marketing the HLC’s Building B. The Committee agreed with Mr. Parker’s suggestion. The subcommittee will be composed of the following committee members: Ms. Cox, Chair, Ms. Beacham and Mr. Geer. Ms. Nystrom will be available when assistance is needed.
4. W. T. ALEXANDER PROPERTY Mr. Turner reported that exterior restoration continues. He said that progress has been drastically impacted by poor weather conditions. The Committee discussed whether or not to sell the property as is or send RFPs to developers. MR. KLUTTZ PRESENTED A MOTION SECONDED BY MR. MISENHEIMER TO RECOMMEND TO THE HISTORIC LANDMARKS COMMISSION THAT IT PROCEED WITH THE ISSUANCE OF RFP’S TO DEVELOPERS TO SUBMIT PROPOSALS FOR THE PURCHASE AND DEVELOPMENT OF THE W.T. ALEXANDER PROPERTY AND TO ALLOW 60 (SIXTY) DAYS FOR A DECISION TO BE REACHED BY THE HLC. THE COMMITTEE UNANIMOUSLY APPROVED THE MOTION.
5. OEHLER & McAULEY PROPERTIES Mr. Turner reported that stabilization design continues. A second session of Design Review is underway by Staff. Mr. Parker reminded Mr. Turner that data still needs to be obtained regarding an appropriate market value for the properties.
6. FUNDS ANALYSIS SUBCOMMITTEE REPORT: Ms. Bos Ms. Bos said that the subcommittee continues to work on an a suitable financial report form. The current report was distributed. Mr. Turner reported that he continues to work with County Finance to see that the HLC is credited for all appropriated bond funds.
7. OLD BUSINESS a. Procedure for Dealing with Rights of First Refusal MR. KLUTTZ PRESENTED A MOTION SECONDED BY MR. MISENHEIMER TO RECOMMEND TO THE HISTORIC LANDMARKS COMMISSION THAT WHEN THE HLC IS PRESENTED WITH A RIGHT OF FIRST REFUSAL THAT THE FOLLOWING PROCEDURE BE FOLLOWED. SUMMARY OF PROCEDURE 1. NOTICE OF LISTING IS RECEIVED a. Consulting director investigates b. Consulting director reports to projects c. Recommendation of Consulting Director is either i. Waive it – as property is being preserved, IF PURCHASER ACKNOWLEDGES receipt and understanding of property’s significance ii. Review further – as HLC could improve preservation of property d. Projects Committee makes recommendation to HLC e. HLC decides what to do. 2. NOTICE OF SALE is received. (SHORT TIME PERIOD TO RESPOND) a. Consulting Director immediately investigates. b. If HLC meeting is scheduled, he reports to HLC, who decides what action to take. c. If no meeting scheduled, he reports to the Chairman, Projects Chairman, Design Review Chairman. d. The three Chairmen vote on whether to waive the right of first refusal. i. If majority agree, Chairman executes waiver for this transaction only. ii. If majority disagree, Special Meeting is called. e. HLC votes at special meeting as to what action to take. RIGHTS OF FIRST REFUSAL PROCEDURE FOR REVIEW AND EXERCISE OF SUCH RIGHTS Various real estate properties are encumbered with historic restrictive covenants that provide HLC with a right of first refusal. These provisions require a two-step process. The owner of such properties is required to first provide HLC with notice that the property is listed for sale. Upon receipt of an acceptable offer, the owner is ten required to provide a copy of said offer or its terms to HLC. HLC then has a short time period to decide if it wants to purchase the property under the same terms and conditions as the offer provided. The following procedure has been adopted by HLC so it can handle the evaluation of these rights in a fair and expeditious manner. NOTICE OF LISTING. If HLC receives notice of the listing of any property encumbered by an HLC right of first refusal, the Consulting Director or staff shall determine the current status of the Property, including its physical condition and adherence to the restrictive covenants, and shall discuss with the current owner the importance of sharing with all prospective purchasers the historic designation ordinance and a copy of the restrictive covenants. If the Consulting Director investigates and believes that the historic nature of the Property has been preserved and such preservation is likely to continue, then he shall make a recommendation to the Projects Committee at its next regularly scheduled meeting that it will, upon request, waive in writing its right of first refusal for any sale arising out of this listing, or within six months from said notice of listing, provided the proposed purchaser provides to HLC its written acknowledgment that he has received a copy of the historic designation ordinance and historic restrictive covenants, understands the terms contained therein, and agrees to comply with their provisions, and such information is supported by the Consulting Director. If the Consulting Director, after initial investigation, believes that HLC’s exercise of its right of first refusal would substantially improve the preservation of the Property, the Consulting Director shall present the information he has gathered to the Projects Committee. Upon receipt of the Consulting Director’s report, the Projects Committee shall consider this matter and make a recommendation to HLC regarding this Property. After receipt of the recommendation of the Projects Committee, HLC shall make a decision about how to proceed regarding the Property and HLC’s right of first refusal. NOTICE OF OFFER ONLY. Should HLC receive a notice of an offer on a property encumbered by an HLC right of first refusal, without receiving a notice of listing, or should a notice of an offer be received prior to the completion of the procedure in Paragraph 1 herein, or should the Consulting Director believe the Purchaser of a Property does not understand the historic significance of the Property under paragraph 1(a) above, the following procedure shall be adopted. Upon receipt of an offer, the Consulting Director or staff shall perform an investigation to determine the condition of the property, the proposed purchaser’s knowledge regarding the historic designation of the property and the historic restrictive covenants, and the proposed purchaser’s plans for the Property. If the is a regularly scheduled meeting of HLC prior to the expiration of the period contained in the right of first refusal provision for HLC’s response, the Consulting Director or staff shall present the results of the investigation to HLC, who shall vote on what action to take regarding the Property. If an HLC meeting is not scheduled before the expiration of the right of first refusal response period, the Consulting Director or staff will present the results of the investigation to the Chairman of HLC, the Chairman of the Projects Committee and the Chairman of the Design Review Committee, or to the Vice Chairman of each entity, if the Chairman is not available. The three representatives will then vote to waive the right of first refusal as well as to waive any rights arising out of the owner’s failure to provide notice of the listing of the Property, which vote can be via phone or email. Upon a majority vote for such waiver and at the request of the owner of the Property, the Chairman of HLC shall execute a waiver of right of first refusal and a waiver of the owner’s failure to provide notice of the listing, if applicable, that shall be binding upon HLC. The waivers herein shall be limited to this sale transaction only. The Consulting Director or staff will report the results of this vote to HLC at its next regularly scheduled meeting. If two or more of the three representatives do not agree to waive the right of first refusal, a special meeting of HLC shall be called to consider the exercise of the rights of first refusal. The Chairman shall provide notice to the owner of the Property that that a special meeting of HLC will be held to determine the actions to be taken by HLC, and if appropriate, that the owner did not comply with the provisions of the restrictive covenant by giving notice of the listing of the Property.
THE COMMITTEE UNANIMOUSLY APPROVED THE MOTION.
MR. KLUTTZ PRESENTED A MOTION SECONDED BY MR. MISENHEIMER THAT THE PROJECTS COMMITTEE CONVENE IN EXECUTIVE SESSION THE COMMITTEE UNANIMOUSLY APPROVED THE MOTION. MS. JOHNSON-GESS PRESENTED A MOTION SECONDED BY MR. MISENHEIMER THAT THE PROJECTS COMMITTEE RECONVENE IN ITS REGULAR SESSION. THE COMMITTEE UNANIMOUSLY APPROVED THE MOTION. Note: The Committee convened in Executive Session to discuss extra design review expenses for the Palmer Fire School. Mr. Turner reported that the Croft School House has been shown 3 times recently. He said that MECA Properties, the agent, expects an offer to purchase very soon. Mr. Turner reported that the Rural Hill School House documents will be distributed for bidding on January 9, 2003, and that bids are due January 20, 2003. 8. NEW BUSINESS No motions were presented under new business. The meeting adjourned at 7:30 p.m.
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