HomeMy WebLinkAbout04-09-12 Common Council Meeting Minutes
REGULAR MEETING APRIL 9, 2012
Be it remembered that the Common Council of the City of South Bend, Indiana met in
the Council Chambers of the County-City Building on Monday, April 9, 2012 at 7:00
p.m. The meeting was called to order by Committee of the Whole Chairperson Karen L.
White and the Invocation and Pledge to the Flag were given.
ROLL CALL
COUNCILMEMBERS:
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Present: Tim Scott 1 District
nd
Henry Davis, Jr. 2 District
rd
Valerie Schey 3 District
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Fred Ferlic 4 District
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David Varner 5 District
Gavin Ferlic At-Large
Karen L. White At-Large, Chairperson Committee of the Whole
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Absent: Oliver J. Davis 6 District, Vice-President
Derek Dieter At-Large, President
OTHERS PRESENT:
Kathleen Cekanski-Farrand Council Attorney
John Voorde City Clerk
Mary Beth Wisniewski Chief Deputy
Janice I. Talboom Deputy
REPORT FROM THE SUB-COMMITTEE ON MINUTES
Chairperson White noted that due to the absence of President Dieter the minutes of the
March 26, 2012 meeting will be approved at the next meeting of the Council, April 23,
2012.
SPECIAL BUSINESS
There was no Special Business to come before the Council at this time.
REPORTS OF CITY OFFICES
There were no reports of City Offices.
RESOLVE INTO THE COMMITTEE OF THE WHOLE
At 7:03 p.m. Councilmember Henry Davis made a motion to resolve into the Committee
of the Whole. Councilmember Varner seconded the motion which carried by a voice
vote of seven (7) ayes. Councilmember White, Chairperson, presiding.
Councilmember White, explained the procedures to be followed for tonight’s meeting in
accordance with Article 1, Section 2-11 of the South Bend Municipal Code.
Councilmember White stated that a brochure may be found on the railing in the Council
Chambers explaining those procedures.
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REGULAR MEETING APRIL 9, 2012
PUBLIC HEARINGS
BILL NO. 03-12 PUBLIC HEARING ON A BILL TO VACATE
THE FOLLOWING DESCRIBED PROPERTY:
THE STREET TO BE VACATED IS A PORTION
OF UNITED DRIVE (PRAIRIE AVENUE) FROM
THE EAST RIGHT-OF-WAY LINE OF SCOTT
STREET TO THE SOUTH RIGHT-OF-WAY
LINE OF THE NORFOLK AND SOUTHERN
RAILROAD OVERPASS. A SECOND PORTION
TO BE VACATED IS SAID UNITED DRIVE
BEGINNING AT THE NORTH RIGHT-OF-WAY
LINE OF SAID NORFOLK AND SOUTHERN
RAILROAD OVERPASS THENCE NORTH TO
THE SOUTH RIGHT-OF-WAY LINE OF SOUTH
STREET
Councilmember Varner made a motion to continue this bill until the April 23, 2012
meeting of the Council at the request of the petitioner. Councilmember Henry Davis, Jr.,
seconded the motion which carried by a voice vote of seven (7) ayes.
BILL NO. 82-11 PUBLIC HEARING ON A BILL OF THE
COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA, ANNEXING TO AND
BRINGING WITHIN THE CITY LIMITS OF
SOUTH BEND, INDIANA, AND AMENDING
THE ZONING ORDINANCE FOR PROPERTY
LOCATED IN CLAY TOWNSHIP,
CONTIGUOUS THEREWITH; COUNCILMANIC
DISTRICT 4, ALIBABA CAFÉ INC, 17917 SR 23,
SOUTH BEND, INDIANA
Councilmember Henry Davis, Jr., made a motion to strike this bill from the agenda, at the
request of the petitioner. Councilmember Varner seconded the motion which carried by a
voice vote of seven (7) ayes.
RISE AND REPORT
Councilmember Henry Davis, Jr. made a motion to rise and report to the full Council.
Councilmember Scott seconded the motion which carried by a voice vote of seven (7)
ayes.
ATTEST: ATTEST:
_________________________ _________________________
John Voorde, City Clerk Karen L. White, Chairperson
Committee of the Whole
REGULAR MEETING RECONVENED
Be it remembered that the Common Council of the City of South Bend reconvened in the
Council Chambers on the fourth floor of the County-City Building at 7:03 p.m.
Committee of the Whole Chairperson Karen L. White presided with seven (7) members
present.
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REGULAR MEETING APRIL 9, 2012
BILLS – THIRD READING
There were no bills for Third Reading at this time.
RESOLUTIONS
BILL NO.12-21 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE
PROVISION OF SERVICES TO AN
ANNEXATION AREA IN CLAY TOWNSHIP
(ALIBABA ANNEXATION AREA)
Councilmember Varner made a motion to strike this bill from the Agenda at the request
of the petitioner. Councilmember Schey seconded the motion which carried by a voice
vote of seven (7) ayes.
BILL NO. 12-06 A RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA,
APPROVING A PETITION OF THE AREA
BOARD OF ZONING APPEALS FOR THE
PROPERTY LOCATED AT 17917 SR 23, SOUTH
BEND, INDIANA
Councilmember Varner made a motion to strike this bill from the Agenda at the request
of the petitioner. Councilmember Schey seconded the motion which carried by a voice
vote of seven (7) ayes.
BILLS - FIRST READING
BILL NO.11-12 FIRST READING ON A BILL TO VACATE THE
FOLLOWING DESCRIBED PROPERTY: THE
FIRST ALLEY TO BE VACATED IS THE FIRST
EAST/WEST ALLEY NORTH OF HOWARD
STREET FROM NOTRE DAME AVENUE WEST
TO THE FIRST NORTH/SOUTH ALLEY FOR A
DISTANCE OF 115 FEET AND A WIDTH OF 14
FEET. THE SECOND ALLEY TO BE VACATED
IS THE FIRST EAST/WEST ALLEY NORTH OF
HOWARD STREET FROM ST. PETER STREET
EAST TO THE FIRST NORTH/SOUTH ALLEY
FOR A DISTANCE OF 115 FEET AND A WIDTH
OF 14 FEET
This bill had first reading Councilmember Varner made a motion to refer this bill to the
Public Works and Property Vacation Committee and set if for Public Hearing and Third
Reading on April 23, 2012. Councilmember Henry Davis, Jr., seconded the motion
which carried by a voice vote of seven (7) ayes.
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REGULAR MEETING APRIL 9, 2012
BILL NO. 12-12 FIRST READING ON A BILL AMENDING THE
ZONING ORDINANCE FOR PROPERTY
LOCATED AT 501 SOUTH PARRY STREET,
COUNCILMANIC DISTRICT 4, IN THE CITY
OF SOUTH BEND, INDIANA
Councilmember Varner made a motion to refer this bill to the Area Plan Commission.
Councilmember Scott seconded the motion which carried by a voice vote of seven (7)
ayes.
UNFINISHED BUSINESS
Councilmember Henry Davis asked that we keep Councilmember Oliver Davis’ father in
our thoughts and prayers and his recovers in Alabama.
Councilmember Henry Davis asked Council Attorney Kathleen Cekanski-Farrand to send
a letter to Mayor Pete Buttigieg requesting an explanation of Chief Boykins demotion.
Council Attorney Kathleen Cekanski-Farrand stated that she needs to first confirm that
the Federal investigation is over. She noted that Council President Dieter is attempting to
re-schedule the Executive Session.
NEW BUSINESS
There was no New Business to come before the Council at this time.
PRIVILEGE OF THE FLOOR
There was no one present wishing to speak to the Council at this time.
ADJOURNMENT
There being no further business to come before the Council, President Derek D. Dieter
adjourned the meeting. at 7:08 p.m.
ATTEST: ATTEST:
____________________________ ____________________________
John Voorde, City Clerk Karen L. White, Chairperson
Committee of the Whole
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