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REGULAR MEETING MAY 12, 2008 <br /> <br /> <br /> <br />BILL NO. 32-08 FIRST READING ON A BILL TO VACATE THE <br /> FOLLOWING DESCRIBED PROPERTY: THE <br /> ALLEY TO BE VACATED IS THE EAST/WEST <br /> ALLEY NORTH OF LASALLE AVENUE FROM <br /> NOTRE DAME AVENUE EAST ALONG THE <br /> NORTH LOT LINES OF LOTS 7, 8 AND 9 OF <br /> DUNN’S SUBDIVISION FOR A DISTANCE OF <br /> 116 FEET AND A WIDTH OF 10 FEET BEING A <br /> PART OF THE CITY OF SOUTH BEND, <br /> PORTAGE TOWNSHIP, ST. JOSEPH COUNTY, <br /> INDIANA <br /> <br />This bill had first reading. Councilmember Puzzello made a motion to refer this bill to <br />the Public Works and Property Vacation Committee and set it for Pubic Hearing and <br />Third Reading on May 27, 2008. Councilmember Oliver Davis seconded the motion <br />which carried by a voice vote of nine (9) ayes. <br /> <br />UNFINISHED BUSINESS <br /> <br />APPEAL OF A CERTIFICATE OF APPROPRIATENESS FOR 710 PARK AVENUE – <br />HISTORIC PRESERVATION COMMISSION <br /> <br />Kathleen Cekanski-Farrand, Council Attorney, stated the rules governing the appeal to <br />the South Bend Common Council: <br /> <br />She stated that the Petitioner will have twenty (20) minutes maximum to present their <br />case in chief which shall include: <br /> <br />? <br /> <br />Specific issues under review <br />? <br /> <br />Statement of position by the petitioner, petitioner’s attorney (if any) <br />? <br /> <br />Witness statements, if any <br />? <br /> <br />Requested action <br /> <br />Historic Preservation Commission (HPC) will have twenty (20) minutes maximum which <br />shall include: <br /> <br />? <br /> <br />Statement of position by the HPC attorney <br />? <br /> <br />Witness statements, if any <br />? <br /> <br />Requested action <br /> <br />Petitioner will have five (5) minutes of rebuttal statements to the case in chief presented <br />by HPC. <br /> <br />Common Council questions and disposition portion will have a maximum of fifteen (15) <br />minutes. <br /> <br />The Common Council shall review actions of the HPC which are appealed and determine <br />such action was: <br /> <br />1. Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with <br /> applicable law; <br /> <br />2. Contrary to constitutional right, power, privilege, or immunity; <br /> <br />3. In excess of statutory jurisdiction, authority, limitations or statutory rights; <br /> <br />4. Without observance of procedures requirement by applicable laws and <br /> ordinances; or <br /> <br />5. Unsupported by substantial evidence. <br /> 20 <br /> <br />