02-13-94 Zoning & Annexation - Laserfiche WebLink

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a r r COMM e� Ztport: Zoning and Annexation Committee 1r0 t e tommott touttuUY of tbt Qttl of i6outhj Otttti: The February 13, 1994 meeting of the Zoning and Annexation Committee was called to order by its Chairperson, Council Member Lee Slavinskas at 4:15 P.M. in the Council informal meeting room. Persons in attendance included Council Members Luecke, Washington, Kelly, Puzzello, Slavinskas, Coleman, Zakrzewski, Duda, and Ladewski; David DuVall, Bob Richardson, Joe Amaral, Ken Fedder, Gene Oaklay, John Byorni, Pastor Robert H. Derrickson,Precious Jeltz, Paul Cholis, John Johnson, Mr. Veldman,Any Nebbon, Don Porter, and Kathleen Cekanski-Farrand. Council Member Slavinskas noted that he had been advised by the Council Attorney immediately prior to this meeting that she has had conferences via telephone with the City Attorney's office regarding the designation of historic landmarks.He noted that the Council Attorney and Jenny Pitts Manier have concluded that all proposed designations should be continued until the legal issue with regard to the preservation plan has been resolved. He noted that Aladean DeRose provided a legal opinion dated February 9, 1995 and then distributed the memorandum to the City Council. The issue in contention refers to page 3 of that letter in the last paragraph where Ms. DeRose believes that since the Common Council and Area Plan Commission did not object or take issue with the plan that in her legal opinion she believes it has been approved and adopted. That is the issue in contention at the presentation time. Council Member Slavinskas further noted that the following Bills, namely Bill No. 91-94, Bill No. 101-94, and Bill No. 104-94 would be heard today if members of the public are present to discuss them, however with the sole purpose of hearing then woul;d be to receive additional information in light of the recommendation from the Council Attorney and the Legal Department. Council Member Slavinskas further noted concern with regard to the lack of notice to owners of the proposed historic landmark designation. He noted that although the local procedures do not require such notice,that he believes in fairness that it should be required. Council Member Washington noted that he totally disagrees with Ms. DeRose opinion and that the plan is not in effect since it was never adopted by the Area Plan Commission nor the Common Council. Pastor Robert H.Derrickson, the Pastor of Zion Hill, located at 310 Monroe Street voiced opposition against the proposed landmark designation. He stated that he believes that there is no legal grounds for the designation and that it would be taking against the will of the property owners. He stated that he believes that there is a separation of church and state issue involved and that he wishes to remain autonomous. He does not want the "burden of this yolk" around his parishioners. He also referred to his letter of September 18, 1994 formally advising the Common Council of his opposition.