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• Committee Report Zoning and Annexation Committee January 9, 1995 Page 2 Council Member Luecke stated that if the qualifications for a Historic Designation have been met that they should be properly considered. It was noted that the study with regard to landmarks of significance to African-American Cultures had taken place beginning in 1991. In response to his question it was noted that Helen Pope toured the City along with Chip Fredrick as a part of this study. Council Member Ladewski stated that he concurs with the remarks of Council Member Slavinskas but he must hear both sides before he can make a decision. Council Member Washington questioned the Historic Preservation plan which was adopted in 1980. Mr. Oxian stated that it was never truly adopted however a "Survey Book"had been recommended with regard to an overall plan. Council Member Washington then quoted the South Bend Municipal Code Sections (21-1), (61), (21-1), (64) which requires the Historic Preservation, the Area Plan Commission and the Common Council to approve the Historic Preservation Plan. He stated that if the plan is indeed not in effect that the requirement of the Ordinance could not be met. Council Member Slavinskas questioned that if there is a flaw that it would effect all Historic Designations before the Council this evening. Council Member Coleman stated that he believes that the spirit of the Ordinance should be followed and therefore the Council should move ahead. The Council Attorney in briefly reviewing the Municipal Code noted that the Sections referred to by Council Member Washington are the Definitional Sections of the Zoning Code. She further noted that the Article 6.5 addressing the Historical Preservation Commission sets forth various powers and duties in Sections 21-117.1 and 21-117.2 however since there was limited historical information in the code itself that it could not be determined whether the Historic Preservation Plan indeed was properly adopted. In response to a question raised by Council Member Slavinskas, the Council Attorney recommended that if a property owner was not in agreement that his or her property be designated as a historic structure, that the Council not proceed ahead. In light of the concerns raised by Council Member Washington all such Ordinances be continued to a subsequent meeting. Following further discussion Council Member Coleman made a motion, seconded by Council Member Puzzello that Bill No. 91-94 be continued until the meeting of February 13, 1995. The Committee then reviewed Bill No. 101-94 which would establish a Historic Landmark for the property located at 320 West Jefferson. Mr. Oxian noted that the current property owners had not been contacted with regard to this proposed designation. Council member Coleman then made a motion, seconded by Council Member Puzzello that Bill No. 101-94 be continued until the meeting of February 13, 1995. The next item to be reviewed was Bill No. 104-94 which would designate as a Historic Landmark the property located at 534 LaPorte Ave. It was noted that the property has reverted to the County since the property taxes were not paid.