Mayor vetoes historic district

Plans to make the McDoel Gardens neighborhood a conservation district suffered a setback Monday.\nMayor John Fernandez vetoed the city council ordinance, which would place restrictions on construction in the westside neighborhood just south of the Bloomington Hospital. \n"While I think it likely that the veto will be overridden, I cannot put my signature indicating approval on this legislation," he said in a fax to council members. "I remain unconvinced that conservation district designation allows for the best future use of all 271 properties within the district -- either in terms of the neighborhood or the community as a whole."\nFernandez cited several reasons for the veto, including the inclusion of properties adjacent to Hillside Drive in the district. The city has plans to renovate Hillside from Walnut Street all the way west to Rogers Street. \nIf the city needed to acquire any property in the district for the project, it would have to seek a permit from the Historic Preservation Commission, so would homeowners who want to make additions or renovations to their property.\nFernandez said the commission would have an "inappropriate role in transportation design."\n"(The) ordinance adds unprecedented, cumbersome and lengthy layers of additional approval to the transportation design process, even assuming an outcome in the best community interest," he said.\nA petition signed by 177 property owners against the ordinance also influenced the mayor's decision, he said.\n"Including properties in the district over the strong and passionate objection of many long-time property owners troubles me," he said. "But this is not an absolute property rights issue with me."\nFor Roger Hayes, the McDoel homeowner who gathered the signatures, it is.\n"I've put blood, sweat and tears into my house," he said. "I've put in every nut, bolt and screw. I have the right to keep control over my own property."\nFernandez has approved historic preservation status in the past, most notably with the Von Lee Theater.\n"I could envision a designation process and a designation for the McDoel neighborhood that I could support," he said.\nThe move -- consistent with Fernandez's earlier public reservations -- won the applause of the Monroe County Taxpayers Association, which lobbied for a veto.\n"The desire of a few neighbors, no matter how well-intended, shouldn't be pitted against those of their neighbors," said Fred Prall, the group's president. "A neighborhood historical designation might be beneficial in the long term if citizens were allowed to freely opt into or out of the program at will."\nAfter two sessions of debate that stretched into the morning Feb. 8, the city council approved the ordinance 6-3. If the council decides to overturn the executive veto, a two-thirds majority is enough to do so.\nThe council tacked on an amendment that allows for a referendum after three years. Resident property owners would be allowed to decide whether they want to scrap the designation or make their neighborhood a full historical preservation district. Were McDoel Gardens a full historic preservation district, further restrictions would be placed on construction projects.\nCouncilman David Sabbagh, R-District 5, who represents the district, voted against the proposal.