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October 1994
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HPC Meeting Minutes 1994
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October 1994
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South Bend HPC
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Minutes
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added the vote was not per property. Commissioner Hostetler clarified that <br />this was a "dual" situation in which an owner of multiple properties gets one <br />vote and multiple owners of a single property get one vote. President Oxian <br />noted there was also a policy accepted on land contract owners. Mrs. DeRose <br />suggested that this was an extremely complicated area and she requested that a <br />clarification be made by the Commission in order to formalize the policy. <br />( A,V.4t C*4a4j <br />President Oxian commented that the issue of voting has been problematic in the <br />past and that the issue of voting is almost always questioned in front of the <br />Council. Commissioner Choitz questioned the wording in the chronology <br />regarding the counting of ballots (Ballots shall be counted and forwarded to <br />the HPC for consideration of the Designation). She noted the ballots are sent <br />in to the HPC, and then a representative from the steering committee and some <br />one from the districts committee and the staff of the HPC get together to <br />count the votes and then the ballots are stored at the Commission office. <br />President Oxian observed that in the past the envelopes were sent to the <br />commission with either "yes", no". or "abstain". Inside the envelope was the <br />voters name. the envelope was opened only if the vote was questioned. This was <br />changed because inevitably the ballots were opened anyway. Commissioner Choitz <br />commended the chronology as a wonderful start. Commissioner Sporleder noted <br />Mr. Duvall's accuracy in pointing out the redundancy that exists in regard to <br />notification of a public hearing. <br />Commission Sporleder asked for clarification on the matter of a public hearing <br />for Area Plan, for which notification must be sent out. President Oxian <br />replied that Area Plan sends out that notification. Commissioner Sporleder <br />observed a second public hearing was required for the HPC. President Oxian <br />concurred that Area Plan has a hearing, the HPG has a hearing, as well as a <br />bearing by the City Council. Mr. Duvall noted the redundancy is in that the <br />rules of the Commission require the Commission to have a public hearing and <br />then forward the recommendation, while the regulation set forth in the new <br />ordinance indicates that the designating ordinance needs to be introduced and <br />then send to the Commission for public hearing. President Oxian disagreed and <br />stated that was applicable only to the 90 day ordinance. He elaborated that <br />there are two different types of ordinances, the original ordinance was that <br />the Commission have a public hearing and then forward the recommendation to <br />the Council, the second ordinance applies only if someone other than the <br />Commission introduces an ordinance to set up a historic district. He expanded <br />that if the Commission does the leg work to set up a historic district, then <br />the regular procedure that has been established. President Oxian added it is <br />only when a Councilmember or someone beside the Commission introduces an <br />ordinance for a historic district does the second ordinance apply. Mr. Duvall <br />responded the way he read the ordinance it stated after an ordinance had been <br />introduced to the Council, it needed to be sent back to the Commission. <br />President Oxian disagreed. Commissioner Sporleder pointed out that if Mr. <br />Duvall was interpreting the ordinance in this matter, it may be that other <br />people will have the same interpretation as well. President Oxian informed the <br />Commission the reason the change was made was because a Councilmember tried to <br />create a district by bypassing the Commission, because originally it allowed <br />Councilmembers to introduce ordinances without having to go through the <br />Commission. President Oxian added this ordinance could be used to set up a <br />district or to abolish one. He expanded that this was changed by the <br />introduction the new ordinance which originally set it up for 30 days, but <br />this was changed to 90 days. President Oxian noted that this may be a <br />10 redundancy now, because he believes Councilmembers can no longer introduce <br />
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