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October 1994
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HPC Meeting Minutes 1994
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October 1994
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South Bend HPC
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Minutes
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c�S <br />ordinances on their own. He added the Council as a whole can introduce an <br />ordinance if the committee approves it. Commissioner Sporleder then initiated <br />a inquiry as to who may initiate a local historic preservation district <br />designating ordinance. President Oxian replied that the HPC should be included <br />in the list of bodies able to initiate a designating ordinance. He noted that <br />originally Area Plan, the HPC, and the City Council were able to initiate the <br />designating ordinance, and what came out of this was Area Plan and the HPC <br />would go to City Council and hold a public hearing, but the City Council did <br />not have to come to the HPC. City Council had the ability to introduce the <br />ordinance, send it to Area Plan, and receive it back, bypassing the HPC. <br />President Oxian expanded this is when the ordinance was created that required <br />City Council to send designation ordinances to the HPC for recommendation, and <br />required a 90 day time limit. Commissioner Sporleder referred to the <br />chronology and asked if what was written there was no longer correct. <br />President Oxian reiterated that an individual member of the Council can no <br />longer initiate an ordinance. Commissioner Sporleder read point two(2) stating <br />that a petition of the owners of 50' or more of ti.�- aifeutc:d Yroperti0S can <br />initiate an ordinance. She questioned to whom to petition is made. President <br />Oxian replied the petition went to the HPC. Mr. Duvall inquired if the <br />petition could be made to the Council. President Oxian made reference to the <br />enabling ordinance of the HPC, and stated that the petition goes to the HPC, <br />not the Council. Commissioner Sporleder noted that the HPC was not listed <br />among those bodies able to initiate a designating ordinance, and asked if the <br />HPC should be in place of a petition of 50% of the owners. President Oxian <br />stated that the owners can indeed make a petition, but they must come to the <br />HPC first. Commissioner Choitz stated the HPC should be the first body listed <br />as able to initiate an ordinance. President Oxian noted the reason for the <br />change was due to Councilmembers introducing ordinances to vacate alleys, so <br />that constituents did not have to pay to have them vacated. <br />Commissioner Choitz commended Mr. Duvall for searching the records and trying <br />to follow the procedure through and recommended an addition as to notification <br />of the City or County Councilmember responsible for the proposed district. <br />President Oxian recommended that a statement regarding notification of the <br />appropriate Councilmember be added to the Creation of a Local Historic <br />District procedures. Mr. Duvall agreed such a statement should be added as <br />standard operating procedure, but at this point, it is not something required <br />by a resolution or ordinance. A discussion on informing Councilmembers <br />continued briefly. Commissioner Sporleder directed the discussion back to the <br />attempt to clarify what bodies can initiate a designating ordinance. <br />Commissioner Sporleder noted that there seemed to be agreement that there are <br />several sets of procedures and recommended that this matter needs to be <br />understood clearly so that a written policy may be made. Inquiries were made <br />by President Oxian as to whether staff had the two different procedures for <br />setting up historic districts. Mr. Duvall indicated that he was not aware of <br />such documentation being in the hands of the staff. Commissioner Sporleder <br />commended Mr. Duvall for bringing the confusion to light. Legal Council DeRose <br />suggested that a meeting be set up between President Oxian and herself for the <br />purpose of putting together a composite of all the information on procedure <br />for Creation of Local Historic Districts. <br />Ed Talley inquired if the changes made to the voting procedure affected the <br />districts created before the change in procedure. President Oxian responded <br />negatively. Mrs. DeRose added the exception is that if a district chooses to <br />
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