Residents ask council to protect historic area

Sparks flew in the city council chambers Wednesday, as twenty-some residents of the McDoel Gardens neighborhood gave public comment in a meeting that stretched on until midnight.\nThe issue so hotly contested: zoning.\nEnlisting the help of the Bloomington Historic Preservation Commission, some residents petitioned the council to make the neighborhood a historic conservation district. The designation means permits will have to be sought from the historical commission as well as the city before any construction begins. \nProponents of the ordinance say it will increase the property value of the neighborhood. To preserve the neighborhood's historic fabric, limitations would be placed on demolition and relocation.\n"We want to keep our small houses and the friendly feel to out streets," said Ellen Sieber, a member of the neighborhood association, which supports the measure. "We want to maintain our pride of ownership."\nBut the proposed designation has also riled many members of the neighborhood, who worry about their property rights being infringed upon. They contend that existing zoning laws are enough to keep the neighborhood from becoming run down.\n"As a property owner, I have no plans to build, demolish or relocate," said Allen Hayes, who presented a petition of 177 residents to the council. \n"I have put blood, sweat and tears into my house, the whole bit. I've made every decision, every payment, I've put in every nut, bolt and screw. \n"I have the right to keep control over my own property."\nSupporters of the ordinance countered that concerns about property rights were misguided.\n"We always have to give up rights," said Anna Lynch, a graduate student who has lived in the neighborhood for three-and-a-half years. "In a democracy, we have to choose which rights we give up. And without this, the entity with the most money wins."\nThe opposition to the ordinance also expressed fears that it would eventually become a full historical preservation district, which would impose strict regulations on any additions or renovations.\n"There are good people on both sides of this debate," Hayes said. "There are good people in the neighborhood association, and I believe they have the best intentions. But no one can promise that it won't be run by people with different intentions five years down the road.\n"No one can predict the future."\nHayes touted his petition as a reflection of public sentiment on the matter. Those in favor of the conservation district also submitted a petition with 102 signatures. \n"It's the most accurate means available to gauge the will of the people," he said. "It shows that at least 50 percent of the residents are strongly against having their decision-making taken away and given to a governmental agency."\nBoth sides questioned the others' methods in gathering signatures, accusing the other of giving misleading information. Upon questioning from councilman Michael Diekhoff, D-District III, each admitted that only about half of the signatures were from owner-occupied homes.\nGiving only a preliminary hearing, the city council will not vote on the ordinance until its next meeting two weeks from now.\nIn other business, the council gave a unanimous preliminary vote to approve leasing space downtown to a developer to build a parking garage. City attorney Michael Flory said the move would create about 70 new parking spaces and be a boon to downtown business.\nThe city will retain the right to determine the charge to customers.\n"We want to ensure that the parking is affordable," Flory said.\nAnother measure geared toward the revitalization of the downtown stirred up more controversy. \nAlthough it had the majority's support, councilmen Chris Gaal, D-District six, and Andy Ruff, D-At Large, expressed reservation about giving a tax abatement to developer Peter Dvorak, who plans to build an apartment complex at 501 N. Walnut St.\nTax abatements are generally given when a project won't otherwise get off the ground. Dvorak asked for the abatement on the grounds that the limestone on the property increases construction costs dramatically.\nRuff and Gaal noted that developers frequently encounter limestone in Monroe County, saying they'd need further evidence to give their votes.\nBut seven of the councilmen said they would support the measure when it comes up next week. \n"I follow the local real estate market pretty closely," said councilman Jason Banach, R-District II. "And if someone wants to build an owner-occupied apartment complex across from Axis Nightclub with units going at $300,000, I say more power to them"