08-08-94 Council Meeting Minutes

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Be it remembered that the Common Council of the City of South Bend met in the Council Chambers of the County -City Building on Monday, August 8, 1994, at 7:00 p.m. The meeting was called to order and the Pledge to the Flag was given. ROLL CALL Present: Council Members Washington, Luecke, Kelly, Puzzello, Slavinskas, Zakrzewski, Coleman, Duda, and Ladewski Absent: None REPORT FROM THE SUB - COMMITTEE ON MINUTES To the Common Council of the City of South Bend: The sub - committee has inspected the minutes of the July 25 meeting of the Council and found them correct. Therefore, we recommend the same be approved. /s/ Ann Puzzello /s/ Eugene Ladewski Council Member Coleman made a motion that the minutes of the July 25, 1994, meeting be accepted and placed on file, seconded by Council Member Zakrzewski. The motion carried. SPECIAL BUSINESS APPEAL FROM A DETERMINATION OF HISTORIC PRESERVATION BY DENNIS LASKOWSKI, 615/617 RIVERSIDE. Kathleen Cekanski - Farrand announced that she is a part -time attorney for St. Joseph County, and as such Anthony Zappia, County Attorney, is her supervisor. She indicated she did not feel that representing the Council on this issue was a conflict of interest. Council Member Kelly made a motion that she represent the Council in this matter, seconded by Council Member Zakrzewski. The motion carried. Council President Puzzello announced that the following documents: Guidelines for the Hearing, adopted by the Zoning and Annexation Committee Packet of materials from Dennis Laskowski Evidentiary and Administrative records of the South Bend Historic Preservation Commission Position Statement of Historic Preservation Evidentiary and Administrative Records of the South Bend Historic Preservation Commission Addendum to Packet Materials Evidentiary and Administrative Records of the South Bend Historic Preservation Commission Appeal from a Determination of Historic Preservation are on file with the City Clerk's office and admitted as evidence for this proceeding. She noted that the Zoning and Annexation Committee had met this afternoon and adopted procedures which would govern this appeal. The two -page guidelines were provided to all Council, the Clerk and the parties subject to the appeal, and made a part of the record. She announced there would be a time limit, 20 minutes for the petitioner, 20 minutes for Historic Preservation, and a five minute rebuttal for the petitioner. She noted that the issues for review were: 1. Whether the petitioner was required to apply for a Certificate of Appropriateness in light of the Historic Preservation Commission Staff letter of April 22, 1993. 2. Denial by the Historic Preservation Commission at their meeting of July 8, 1994, of the following items: a. Installation of vinyl soffit running in a perpendicular direction of the walls (C of A application #1993- 07 -27 -1) b. Wrapping of second story window trim and aluminum (case #1994- 06 -23 -2) C. Installation of vinyl bead board on front porch ceiling (case #1994 -06- 23 -2) d. Installation of wood railing and wood hand rails on front porch (case #1994- 06 -23 -2) The following were sworn in as witnesses: John Oxian, Kathy Hostetler, David Duvall, John Troyer, and Dennis Laskowski. Anthony Zappia, attorney, said he had been retained to represent Dennis Laskowski in this matter. He indicated Mr. Laskowski purchased this the duplex at 615 -617 Riverside Drive, for $25,000 in 1989, since the purchase he has spent an additional $24,000 in renovations. He indicated he has good deal of the work himself during the summer months, since he is a school teacher. He indicated that the Historic