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Home My WebLink About8607-95 Amending Chapter 21 Article 6.5 Powers & Duties Historic Preservation . s • ORDINANCE No. 8607-95 Passed by the Common Council of the City of South Bend, Indiana. July 10, x9 95 Attest: /( w- City Clerk IRENE K. GAMMON Attest: " �� -� � President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— July 11, �9 95 City Clerk IRENE K. GAMMON Approved and signed by me 7/7 I996 Mayor SUBSTITUTE ORDINANCE NO. S6.o7-95 AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 6 .5, SECTION 21 . 117 .2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA CONCERNING THE POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION STATEMENT OF PURPOSE AND INTENT Article 6 .5 of Chapter 21 of the South Bend Municipal Code was amended on August 14, 1989 to require that after a proposed ordinance is introduced to the Common Council for the purpose of creating a new historic district or landmark, then the matter shall be referred to the Historic Preservation Commission for a public hearing. However, when the Historic Preservation Commission itself is involved in the designation of a new landmark or historic district, the Historic Preservation Commission conducts a public hearing prior to the introduction of an ordinance to the Common Council to establish such district or landmark. The ordinance in its present formulation as amended in 1989 could conceivably result in the conducting of two public hearings by the Historic Preservation Commission, the second of which would be superfluous and an unnecessary expense and burden to the Historic Preservation Commission as well as to landowners and interested parties . This proposed amendment to Chapter 21, Article 6 .5, Section 21-117 .2 (d) , will allow the Historic Preservation Commission to dispense with public hearing after introduction to the Common Council of an ordinance creating a new district or landmark or repealing, altering or modifying a district or historic landmark if the Historic Preservation Commission has conducted a proper public hearing prior to the introduction to the Common Council of such a proposed ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows : SECTION I . Chapter 21, Article 6 .5, Section 21-117 .2 (d) , of the Municipal Code of the City of South Bend, Indiana, shall be amended to read as follows : The Historic Preservation Commission shall have the following powers and duties : * * * (d) Survey, identify, plan for and advise the Common Council and the Area Plan Commission concerning the designation of historic landmarks and the establishment of Historic Preservation Districts . The Historic Preservation Commission shall recommend the designation of historic landmarks and the establishment of Historic Preservation Districts on the basis of historical and cultural significance, educational value and suitability for preservation. Historic landmarks shall be designated and Historic Preservation Districts established by the Common Council through the passage of an ordinance. Said ordinance shall be initiated in the usual manner: By a member of the Common Council; by a petition If any proposed ordinance is introduced to the Common Council for the purpose of creating a new district or landmark, or repealing, altering, or modifying an established Historic Preservation District or an historic landmark, then prior to referral to the Area Plan Commission, the proposed ordinance shall be referred by the Common Council to the Historic Preservation Commission which shall hold a public hearing within ninety (90) days of the referral .—, unless such public hearing was conducted by the Historic Preservation Commission prior to introduction of the proposed ordinance which shall satisfy this requirement of a public hearing. The public hearing before the Historic Preservation Commission shall be for the purpose of hearing comments on the proposed ordinance and for the purpose of delivering either a favorable or unfavorable recommendation to the Common Council . Notice of such hearing shall be given to all owners of property in the affected Historic Preservation District . Failure of the Historic Preservation Commission to deliver a recommendation within ninety (90) days following referral by the Common Council shall be considered a favorable recommendation. * * * SECTION II . This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor and publication of any required notice. Mep4ei o he ommon Council 1st Reading: -- ?3 Public Hearing: 74,0- 1,..; 3rd Reading: -7 _ f Not Approved: Referred: • 4{lt II) ,r `\\ it .J i•. Call y or South Bend] • h•`epli f.. h:crnan. l ... Department of Law Richard A. Nussbaum. (1 Jelin:. Fitts `.3anier City Attorne■ Chief Assistant City Attorney June 12, 1995 Mr. Eugene Ladewski, President South Bend Common Council 4th Floor County-City Building South Bend, IN 46601 Re : Substitute Ordinance Amending Article 6 .5 of Chapter 21 of the South Bend Municipal Code Dear Mr . Ladewski : On May 12, 1995 I tendered to you an ordinance amending Article 6 .5 of Chapter 21 of the South Bend Municipal Code . Since that date, there has been some concern raised about the Historic Preservation Commission' s legal authority to make one of the contemplated amendments . In light of this problem, the Commission has withdrawn one of the proposed ordinance amendments but has retained the second ordinance amendment concerning public hearings . Therefore, I am enclosing a substitute ordinance which deletes one of the previously proposed changes to Article 6 . 5, Section 21 . 117 . 2 (d) of the South Bend Municipal Code Thank you for your assistance . Sincerely, • Aladean M. DeRose • ' Deputy City Attorney AMD/pjh cc : John Oxian, w/a David Duvall, w/a c:\1\6-9subord.ltr 1111 f-;Illilt% 1r. li.:l; ;1; ,U! • 'I' . . .1 ••t i?!' I0 .cS1. ' i111:111.1, I !{i l.11!:!i 1 . 131 UI1:' 'i Manuitlrtrr IrpLirt In tip Qlnmmun flIounril of the Mtn of$+Huth Wm): of the Whole Your Committee to whom was referred BILL NO. 30-95 A BILL AMENDING CHAPTER 21, ARTICLE 6.5, SECTION 21. 117.2 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA CONCERNING THE POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable. as amended by substitution. • Cleo Washington, Chairman AREA PLAN COMMISSION of ST. JOSEPH COUNTY, IN RICHARD S. JOHNSON Executive Director ROBERT W. SANTE Assistant Director 1140 COUNTY-CITY BUILDING, SOUTH BEND, IN. 46601 (219)235-9571 FAX(219)235-9813 June 21, 1995 The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, IN 46601 RE: A proposed ordinance initiated by the Common Council amending Chapter 21, Article 6.5, Section 21.117.2 (d) of the Municipal Code of the City of South Bend, Indiana, concerning the powers and duties of the Historic Preservation Commission - APC #1674-95 Dear Council Members: The above referenced ordinance initiated by the Common Council was legally advertised on June 8, 1995. The Area Plan Commission at its public hearing on June 20, 1995, took the following action: Upon a motion by Lee Slavinskas, being seconded by Joseph Serge and unanimously carried, the proposed ordinance initiated by the Common Council amending Chapter 21, Article 6.5, Section 21.117.2(d) of the Municipal Code of the City of South Bend, Indiana, concerning the powers and duties of the Historic Preservation Commission, as amended, is sent to the Common Council with a favorable recommendation PLEASE NOTE that the Ordinance has been amended by the petitioner and is different than that used for the Common Council's first reading. The amended Ordinance was the Ordinance legally advertised and heard by the Area Plan Commission. The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincere , Richard S. Johnson RSJ:sr Attachment Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland and St. Joseph County, IN s - - STAFF REPORT June 12, 1995 Initiated by the Common Council 1674-95 Location: City of South Bend REQUESTED ACTION: This is a Common Council initiated petition to amend the City of South Bend Zoning Ordinance regarding the introduction of proposed ordinances with respect to historic districts and landmarks. The ordinance will permit the Historic Preservation Commission to dispense with public hearing after introduction to the Common Council of an ordinance creating a new district or landmark, or repealing or amending a district or landmark if the Historic Preservation Commission has conducted a proper public hearing prior to the introduction to the Common Council of such a proposed ordinance.