Heritage Preservation Commission Meeting - August 26, 2026

The Rochester Heritage Preservation Commission (HPC) met on August 26, 2026, at 5:00 p.m. according to the supplied meeting timestamp; the agenda and raw transcript identify the meeting date as August 25, 2026, and this discrepancy is noted here. The initial 15-minute public comment period was unanimously extended so all signed-up speakers could be heard, and the meeting was called to order at 5:21 p.m. Commissioner Gandhi was excused absent. Chair Zastro and Commissioners Kessler, Mutchler, Poyer, Schable, Tater, and Wasmer were present. There were no Reports and Recommendations and no Public Hearings. The commission unanimously amended and approved its agenda, approved the July 28, 2026 minutes after a correction, and then took up the awards program, the proposed historic preservation inventory strategy, and questions about the HPC's role and motion-writing practices raised by public comments.

Consent Calendar

• The commission unanimously approved the minutes of the July 28, 2026 HPC meeting after first adopting a correction requested by Chair Zastro: the July minutes' entry for a motion to suspend the rules did not list the commissioners voting in favor or the absent commissioners. Attorney Brent Carlson confirmed the motion passed 7-0 and that the omitted absent commissioners were Commissioners Bodeker and Tater.

Public Comments & Testimony

• Barry Skolnik said it was not acceptable that the majority of the city council was 'wreaking havoc' on downtown, asserted that State Historic Preservation Office staff member Michael Koop disagreed with city staff, and cited a petition with 4,000 names and a hearing with over 40 people unified against the decision. He urged the HPC to pursue a 10-year construction warranty, developer accountability for business disruptions, no property tax increases for adjacent properties, and monthly reporting so the commission could stay informed. He also encouraged the HPC to move the inventory and awards work forward.
• Ryan Stack, a Rochester native, called the mayor's refusal to veto the downtown development proposal a 'complete sham' and asked whether outside influences affected the veto decision. He urged the city to preserve historic assets such as Central Park and said preservation should not depend on private citizens spending their own money.
• Andrew Knopf, Ward 4, said he agreed with the HPC's denial of the certificate of appropriateness (COA), questioned whether the written record from the June 23 meeting adequately captured the HPC's reasoning, and suggested the UDC should require State Historic Preservation Office review for any of the 31 contributing buildings in the district.
• John Kriasel read a resignation statement on behalf of the commissioner identified in the transcript as Chad Rod Decker; the agenda refers to Commissioner Bodeker, who had resigned. The statement announced Decker's resignation effective August 25, 2026, in protest of the city council's 4-3 vote on August 17 to overturn the HPC's 6-2 denial of the COA and Mayor Norton's decision not to veto. It said the HPC found the project violated Secretary of the Interior standards, cited testimony from more than 40 citizens and a petition signed by over 3,500 residents, and expressed concern that developer compromises would displace local businesses such as Tree Dome. Kriasel added personal support for a construction warranty and protection against tax increases.
• Chris Allen, a professional artist and long-time Rochester resident, thanked the HPC for its work and said the city should listen to the commission. She opposed property tax increases for her father and asked what legal ramifications the city could have faced if Mayor Norton had vetoed the council's decision.
• Lucy Creasel, Ward 5 and owner of Diatom Books, which shares a wall with the building at 317, said she supported the other residents' comments. She asked for clarification of what constitutes sufficient COA findings, cited discrepancies in Mayor Norton's letter, questioned the relevance of economic vitality to a COA decision, requested an inquiry into potential litigation pressure, and raised practical concerns about construction, alley sharing, and protection for adjacent businesses.

Discussion Items

• Agenda amendments: Commissioner Kessler moved to add two items under Other Business - addressing the open-comment topics about the downtown historic district and discussing the HPC's role as defined by the UDC. Both motions were seconded and passed unanimously, and the agenda as amended was approved unanimously. Attorney Carlson and Commissioner Poyer suggested that detailed UDC questions should be posed to staff now and fully discussed in September.
• Award program: Commissioner Wasmer reported that the HPC awards program had a statement of purpose and proposed categories: Public History Ambassador, Community Education and Engagement, and Historic Restoration or Rehabilitation. Awards would recognize work completed between 2016 and 2026, with no award given if no project or individual stood out. Commissioner Kessler volunteered to join the committee and was unanimously appointed as chair, replacing Commissioner Bodeker.
• Historic preservation inventory strategy: Commissioner Kessler presented an updated strategy, stated that no vote was requested that night, and said she intended to bring it back for approval in September. Changes included eliminating the prior tiered documentation levels and aligning the levels with existing eligibility reports, phase one reports, and landmark designation applications; assigning review and scoring to the historical context subcommittee; adding QR codes and broader public engagement ideas; tracking properties removed from the inventory and why; and defining 2026 as a preparation phase with an estimated cost of $0. Attorney Carlson cautioned that anything in the strategy must not conflict with the UDC. Commissioner Kessler also said she had not received feedback from coordinator Molly Patterson Lundgren despite multiple requests since June, and she would bring the item forward next month regardless.
• Response to public comments on the COA appeal: Commissioner Poyer said Central Park was landmarked last year with council approval, described the Broadway Avenue/South Broadway COA as a tough call, noted the city council split 4-3 in its quasi-judicial review, and said the mayor's letter reflected reflection and did not deserve the vitriol directed at her. He added that a tenant's importance to the community is not one of the Secretary of the Interior standards for a COA and that he was disappointed elected officials pressed that point.
• Motion-writing practice: Attorney Carlson explained that when the HPC denies a COA contrary to staff recommendation, the motion should state which standards are not met and why. The video and audio recording is part of the administrative record, but a concise written motion is better for the city council and public. He advised against arriving with a pre-drafted motion because HPC decisions are quasi-judicial and should be made after hearing all evidence; he would prefer a short recess so a commissioner could write out a precise motion. Commissioner Wasmer said she had assumed council members would read the minutes or watch the video and took personal responsibility for that assumption. Commissioner Schable explained that 'arbitrary and capricious' is a legal term of art used in litigation, and encouraged the public to keep contacting elected and appointed officials. Asked about litigation pressure, Attorney Carlson declined to comment on pending or threatened litigation.
• Construction process and protections: Director Irene Woodward said the project would now go through site development plan, building permit, and inspection processes; the council-approved COA would be incorporated into those plans, and material changes would require a revised or amended COA. She described public access through the city's Citizen Access system and a likely neighborhood information meeting. She could not immediately answer a hypothetical about accidental damage to a historic facade during construction and said additional information would be needed from the building team.
• Financial tools: Director Woodward said the HPC has recommended subsidies or abatements in the past and that current programs include DMC-funded grants matched by city loans and smaller soft-cost grants. Tax abatement was discussed before the council some years ago but was not pursued. Commissioner Schable recalled that property tax assistance had been discussed many times but was not feasible or lacked appetite. Commissioner Kessler asked for the dates of prior discussions, and staff agreed to provide them.
• Public education and website items: The chair said educating the public about the HPC's role is part of the commission's charge. Attorney Carlson noted the UDC's 'what happens next' tables and each board's rules of procedure. Commissioner Kessler suggested working with city communications on a graphic explaining the process; Director Woodward said she would coordinate and bring recommendations back. Commissioner Kessler also raised broken links to the historic inventory, landmark list, and application form. Woodward said the city had removed inaccessible PDFs, including more than 500 in community development, and would work to restore them; Carlson noted the federal accessibility deadline is now April 2027. Kessler asked about phase one survey availability; Woodward said inventory and landmarked properties generally have phase one surveys, while Kessler said her understanding from coordinator Patterson Lundgren differed, and she would follow up.
• Other staff updates: The chair asked about the MEND Collaborative downtown historic district study. Woodward said the document was being made accessible, with a consultant helping, before being brought to the city council. The chair also asked staff to update the meeting slide about the open comment period so it says comments are for items that do not have a public hearing, rather than simply 'not on the agenda.'

Key Outcomes

• The commission unanimously extended the public comment period and voted unanimously to add two discussion items to the agenda; the amended agenda was approved unanimously.
• The July 28, 2026 minutes were unanimously amended and approved after correcting the motion-to-suspend-the-rules entry.
• Commissioner Kessler was unanimously appointed chair of the awards committee, replacing Commissioner Bodeker.
• No vote was taken on the historic preservation inventory strategy; Commissioner Kessler will return with a motion at the September meeting after coordinating with staff and the city attorney on UDC consistency.
• The HPC's broader role under the UDC will be discussed again in September; staff will provide more complete answers, restore accessible documents and links, provide past financial-tool discussion dates, and bring public-education recommendations.
• The commission agreed to make future COA and other motions more detailed, particularly when deviating from staff recommendations, with findings stated in the motion itself.