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MINUTES OF A SPECIAL MEETING OF THE
<br />HISTORIC PRESERVATION COMMISSION
<br />OF SOUTH BEND & ST. JOSEPH COUNTY
<br />October 4, 2011
<br />HPC Conference Room
<br />125 S. Lafayette Blvd.
<br />South Bend, IN 46601
<br />I. CALL TO ORDER:
<br />President Klusczinski called the meeting to order at 5:10 p.m.
<br />Members Present: Timothy S. Klusczinski, Mike Voll, Alice McLane, Jerry Niezgodski, Lynn
<br />Patrick
<br />Members Absent: Sandra Rossow, David Steinhauer
<br />Staff Present: Catherine Hostetler, Director, Elicia Feasel, Assistant Director
<br />Members of the Public Present: none
<br />II. PUBLIC HEARING:
<br />A. RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND
<br />AND ST. JOSEPH COUNTY, INDIANA ("HPC") PLACING MARQUETTE SCHOOL, LOCATED AT
<br />1905 COLLEGE STREET; SOUTH BEND, INDIANA, UNDER INTERIM PROTECTION
<br />WHEREAS, the Historic Preservation Commission of South Bend and St. Joseph County, Indiana was
<br />established in 1973 by South Bend Ordinance No. 5565-73 and is charged to "Survey, identify, plan for and
<br />advise the Common Council and the Area Plan Commission concerning the establishment of Historic
<br />Preservation Districts [and] the designation of Historic Landmarks. South Bend Municipal Code § 21-
<br />13.02
<br />WHEREAS, the HPC is a Certified Local Government Agency, and is the local authority charged to
<br />identify, study, and recommend those local sites and structures with qualities recognized by the State of
<br />Indiana or the United States National Park Service for historic designation or for inclusion in the National
<br />Register of Historic Places, respectively.
<br />WHEREAS, Marquette School has been endorsed as a candidate for the National Register of Historic
<br />Places by both the National Trust for Historic Preservation (Exhibit A) and the Indiana Department of
<br />Natural Resources — Division of Historic Preservation and Archeology (Exhibit B).
<br />WHEREAS, on November 26, 2007 the South Bend Common Council, passed Substitute Bill No. 61-07,
<br />thereby establishing Marquette School as a Local Historic Landmark.
<br />WHEREAS, on December 5, 2007, Mayor Stephen Luecke sent a letter to the South Bend Common
<br />Council stating that he would veto Substitute Bill No. 61-07.
<br />WHEREAS, on December 10, 2007, the South Bend Common Council, at its regular meeting, ratified the
<br />opinion of its Counselor, Kathleen Cekanski-Ferrand that, "Under the relevant Indiana law and the relevant
<br />provisions of the current South Bend Municipal Code, the Mayor does not have the authority to veto an
<br />ordinance passed by the Common Council which establishes a local historic landmark".
<br />WHEREAS, Substitute Bill No. 61-07 became Ordinance No. 9807-07 [Source: Council Record, Book #49
<br />on file in the Office of the City Clerk]
<br />WHEREAS, on December 11, 2007, the South Bend Tribune reported that: "[Mayor] Luecke's office
<br />issued a press statement late Tuesday that said he disagrees with council attorney Kathy Cekanski-Farrand's
<br />legal opinion and that his veto should stand. The statement also said that city attorney Chuck Leone feels
<br />the mayor has veto authority on historic landmarking. 'While this matter could be resolved through the
<br />courts, I also believe that it is not very productive to spend tax dollars to do this,' Luecke said."
<br />WHEREAS, Ordinance No. 9807-07 was published in the Tri -County News, Inc. and the South Bend
<br />Tribune on January 4, 2008 and became legally effective thereafter.
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