Who decides what is historic in St. Charles?

St. Charles aldermen are tackling the explosive issue of homeowner rights in a new debate over whether the city should have the power to designate local historical landmarks against the property owner's wishes.

Several city council members Monday said they are unhappy with the city's existing rules, which allow them to protect historically significant buildings through a landmark designation -- even if the owner disagrees.

"It's his land, his house, and you can't take it from him," 3rd Ward Alderman William Turner told the council emphatically. "And that's how I see it: You're taking his house."

Landmark designations do not prevent homeowners from selling, but they do put an additional burden on owners to maintain the property's historical value, structurally and otherwise.

Monday's discussion rekindled the controversy from last summer surrounding Annshirley Bowie, a local homeowner who fought an attempt by the historic preservation commission chairman to landmark her house before developers could buy it and tear it down.

The chairman, Steven Smunt, who is a neighbor of Bowie, halted the effort after the widow complained publicly that Smunt was thwarting her plans to unload her century-old house and move away. As of late December, however, she still had been unable to sell the house under the original arrangement.

Now, officials are considering revisions to the landmark process that would require homeowner consent outside the city's established historic district.

As they stand, the rules "automatically put our residents (who oppose such a designation) on the defensive," said 1st Ward Alderman Dan Stellato. "I can't agree with the way it is. In my heart, I just can't do that."

Third Ward Alderman John McGuirk agreed. "To me, the rights of homeowners trumps everything," he said.

St. Charles Community Development Director Bob Hupp, who works regularly with the preservation commission, noted that owners of all houses up for landmark consideration get the chance to make their feelings known at public hearings and in discussions with the commission. The final decision always rests with the city.

"I would hate to see us really tie our own hands," Hupp told the council.

Officials left Monday's meeting without a decision but said they plan to revisit the issue in coming months.

"We still have some work to do," Stellato said.