02-10-03 Zoning & Annexation - Laserfiche WebLink

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�tng and Annexation Committee F'cbruary 10,2003 Pages meeting thereafter. Mr. Fozo also noted that the special exception would run with the land. Council Member Kuspa noted that the next item on the agenda was Bill No. 7-03 which would designate the property at 1040 (1100) West Washington Avenue as an historic landmark. Council Member Kuspa noted that the Council has received a Memorandum from the Council Attorney dated February 6, 2003 (copy attached) which suggests that Bill No. 7-03 be struck from the agenda in light of pending Bill No. 87-99 which addresses the same property. Mr. Oxian stated that he has no objection to the Bill be struck, so long as the Council moves forward on Bill No. 87-99. Dr. Varner made a motion, seconded by Council Member Kelly that it recommend that Bill No. 7- 03 be struck from the agenda based on the opinion of the Council Attorney and the approval of the President of the Historic Preservation Commission. The motion passed. Council Member Kuspa noted that a representative of the Historic Preservation Commission requested the opportunity to address the Committee on a proposed amendment to the South Bend Municipal Code. Mr. John Oxian, President of the Historic Preservation Commission, then addressed the Committee. He noted that the Commission would like to have enforcement and inspection authority. Proposed amendments would establish such procedures. A person has already been hired to out such duties. �'y He noted that there are over 170 landmarks in the city. He would like to move forward in introducing a bill addressing such enforcement procedures. The.Council Attorney noted that in order for such a Bill to be introduced that it must be sponsored by either Area Plan or the Common Council, under current state law. She noted that a similar bill was introduced last year, namely Bill No. 79-02. That bill did not have a proper sponsor and died before the Area Plan Commission and was eventually withdrawn. Charles Leone, City Attorney, voiced concern over the suggestions, noting that the current process works. He stated that HPC acts as a legislative body primarily and that he believes that it would not be appropriate to give it administrative enforcement powers. He believes that a separation of powers issue would be raised. He further added that I-PC is not a city agency. It is a separate board. He is bothered by a city ordinance which may give enforcement authority to a non-city agency. Mr. Oxian noted that a similar ordinance would be introduced to the County Council. He stated that the proposed ordinance was drafted by Assistant City Attorney Thomas Bodnar. He is surprised that Mr. Leone is unaware of what one of his staff members is doing. Mr. Oxian stated that there is a lawsuit on Leeper Park and that there may be one filed involving Madison School. He stated that the HPC attorney believes there is the right to have such powers. Council Member Coleman suggested that in the interest of time that Mr. Oxian loot ak another route. Council Member King stated that this issue should not have been brought to the Committee.