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HomeMy WebLinkAbout06-23-14 Common Council Meeting MinutesREGULAR MEETING JUNE 23,201 Disclaimer: Undergoing teclumlogy updates experienced some loss of video & audio recording for dictation. 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, June 23, 2014 at 7:00 p.m. The meeting was called to order by Council President Oliver J. Davis and the Invocation and Pledge to the Flag were given. ROLL CALL COUNCILMEMBERS: Present: Tim Scott Henry Davis, Jr. Valerie Schey Dr. Fred Ferlic Dr. David Varner Oliver J. Davis Derek Dieter Gavin Ferlic Karen L. White OTHERS PRESENT: 1st District 2nd District 3' District, Chairperson Committee of the Whole 4 1 h District 5s` District 6s` District, President At- Large, Vice President At -Large At- Large, Kathleen Cekanski- Farrand Council Attorney John Voorde City Clerk Janice L Talboom Deputy Kareemah Fowler Chief Deputy REPORT FROM THE SUB- COMMITTEE ON MINUTES Councilmember White made a motion that the minutes of the June 9, 2014, meeting of the Council be accepted and placed on file. Councilmember Schey seconded the motion which carried by a voice vote of nine (9) ayes. On July 14, meeting we will be accepting the minutes from May 26, 2014, along with tonight's meeting. SPECIAL BUSINESS ANNOUNCEMENT: REPRESENTING THE CITY ADMINISTRATION WILL BE CHIEF OF STAFF - KATHRYN ROOS & DEPUTY MAYOR MARK NEAL REPORTS OF CITY OFFICES It r u: •: u::. U Deputy Mayor Mark Neal highlighted 2015 budget is underway, and proposals for review will be later on in July and the preliminary view of the budget with formal presentations in mid- August. We are looking forward to next meeting for financial update for key- initiatives in 2014. Deputy Mayor Mark Neal highlighted that we are at the half -way point, and would like to thank the Council for a number of wins that we have seen in the city. $122 million in investment with 1,200 jobs over the life of those investments. The Deputy Mayor highlighted the accomplishments over the last six (6) months. In addition, our street crews are out doing repair work. He thanked the Council for their support in the budget this year. Hired several new positions in the administration. Parks Department has expanded with our youth programs for the summer, into the fall, and 2015. In addition, the planning has started for the South Bend 150' Birthday next year May 22nd. The Smart program has had their first graduating class, with the REGULAR MEETING JUNE 23,201 support from Workone & Ivy Tech along with companies in our community. In the second of the year we look forward to additional investments and job creations thank you for your support. Councilman Henry Davis- I would like to qualify the amount of money the city has invested in private and public partnerships to suggest a great deal for us? I also want to know the turnover rate for the city employee base? Lastly, I heard about the street paving, but wasn't sure on the progress as there are a lot of streets in District 2 that are in dire need of some paving, is there a schedule for street names in the near future? Deputy Mayor responded he will send an update on the street schedule. In regards to the state turnover rate, stays relatively low around 6 %, but we can provide you with additional details on that as well as the combination on investments and city participation. Councilman Davis, Can you make it relevant to the whole Council? Deputy Mayor, yes I will. Councilman Varner— Can I get the number of paid interns, and number of your consultants that we have contracts with, from beginning of last year? Deputy Mayor responded we have had a number of additional interns that are being paid for by the Lilly Grant. Councilman can you provide a summary of interns from the beginning of the year? Deputy Mayor we sure can. RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:10 p.m. Councilmember made a motion to resolve into the Committee of the Whole. Councilmember seconded the motion which carried by a voice vote of nine (9) ayes. Councilmember Schey, Chairperson, presiding. Councilmember Schey, requested to remain on her feet and for the gavel from President Oliver Davis. Permission was granted. Councilmember Schey, 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 Schey stated that a brochure may be found on the railing in the Council Chambers explaining those procedures. PUBLIC HEARINGS BILL NO. 27 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1022 20TH STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Dr. David Varner made a motion to accept the Substitute version of this bill as on file in the Office of the City Clerk. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. Chairperson of the Annexation and Zoning reported that this committee met this afternoon and send substitute bill 27 -14 to the full Council with a favorable recommendation. Presenter Angela Smith with offices on the I I" floor of this building. The petitioner is seeking to resolve FF2 single family and two family district to a MS to allow for a parking lot adjacent to the apartments on 20' street. They acquired the adjacent property and vacated the alley which will allow them to join them together. The rezoning is to allow continuation of the project. This comes from the Area Plain Commission with a favorable recommendation. Petitioner Douglas Merit — National Apartments — Thank you for the opportunity to working with the city of South Bend. The overall development will enhance the quality of life around the IUSB campus, make way for additional parking, and improvements to the street for additional greenspace and landscaping. Thank you everyone for your efforts A public hearing was held at this time. There being no one present wishing to speak either in favor of or in opposition to this bill, Councilmember Davis made a motion to send the Substitute version of Bill 27 -14 to the full REGULAR MEETING JUNE 23,201 Council with a favorable recommendation. Councilmember seconded the motion which carried by a voice vote of nine (9) ayes BILL NO. 28 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 605 NORTH HICKORY ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Varner made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. Councilman Scott reported that The Zoning and Annexation Committee met this afternoon and voted to send this bill to the full Council with a favorable recommendation. Presenter Angela Smith with offices on the l It' floor of this building. The petition is looking to rezone form CB to GB and seeking a special exception for housing to allow outdoor storage. The property is at the old Target on Hickory Road. Petitioner is looking to use existing building for indoor storage and proposed outdoor storage to screen. They have agreed to written commitments to allow northern 90 feet portion as a buffer to the subdivision to the north and not build anything. This comes from the Area Plain Commission with a favorable recommendation. Petitioner Mike Danch — 1643 Commerce Drive South Bend— Tom Johnson, contingent purchaser is here as well if the Council has any questions for him. We are requesting rezoning from CB to GB, 100,000 sq. feet, looking to renovate to a mini warehouse and climate control. The site plan would include an outdoor storage. We worked with staff of on zoning with an agreement for a 90 foot buffer zone on the north end of the site, and put an evergreen screen and leave existing vegetation and adding additional trees. We asked for the approval of the rezoning and outside storage, the contingent purchaser would like to close on it next week, pending approval they will renovating the entire exterior as well. Councilman Scott- Can you expand on the screening on the outdoor storage unit? Petitioner responded the outdoor storage area will be screened to avoid any concerns from adjacent neighbors or those riding on Hickory Road. We spoke to the owner of the adjacent neighbor to explain the project and layout and he is in favor of the project. The second item is the lighting to ensure security codes, the green screen will be shielded to avoid light from shining on adjacent properties. Security will be on this property, truck trailers will be removed and security will take care of any trailers from parking overnight. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. There was no one wishing to speak in favor. Those speaking in opposition: Frank Perry — 234 S. Cole South Bend, IN — I'm the adjacent property owner of 16 acres to the left and the east along the Dollar General. I went through a PD rezoning a few years ago, which was difficult to obtain, in general I'm not against it. The only thing I have against it, is it should be screened on the West end as if there are residential properties, my property will be used for residential, and so it should be screened appropriately. Outside storage should not be acceptable on site. I urge you to keep the buffer on the west and eliminate the outside storage. Council posed are we in the timeframe of moving the bill to allow for additional accommodations of this bill? Petitioner the request from Mr. Perry stated, if you like us to do additional landscaping on the west line, we will be happy to do so and include it along with our site plan, granted with approval from the council. REGULAR MEETING JUNE 23,201 Councilman Davis- I need the difference between screening and landscaping? Petitioner responded they are actually are the same but the amount in which you do is, we would put a fence and Evergreens to block the view and then a fence behind that. John Rosenfall -18323 Coventry Court—I'm against the facility placed in that location. This is a national chain industry and are the death to the mom and pop business. We have a physical and tangible asset that we cannot pick up and leave if we do not agree with the county or state. We have an invested interest in this community. There are already 11 storage facilities within a five (5) mile radius. Storage facilities don't create a large amount of jobs, when we can bring in a different business that can create 100's of jobs as opposed to 1 or 3 jobs for such a large amount of space. Rebuttal Petitioner as we mentioned we will go ahead and do the screening along the west line, so if the land goes residential we will provide screening on that side. The business is not a large chain for this, they just need to move out of Florida. We hope that Council sees this as a plus to redoing buildings that have been vacant for several years. We are not offering a typical storage unit, it will be climate- control, allowing patrons to have furniture and vehicles. Councilmember Schey I would like to ask a question about the competition for current business in town, it's the same concept as storage facilities for household goods? Petitioner it is the same but it is climate control, they have options on different areas and flexible and around the building. Councilmember Schey will the prices be higher than competitors as it will have climate control? Petitioner most definitely as it will be inside a building with climate control as oppose to a garage. Councilmember Schey do you know pending tonight's discussion do you know the purchase price? Petitioner I'm not sure exactly but I'm going to assume around $600,000, it's 130,000 sq. feet with 10 acres of ground. Councilmember Schey is it currently owned by? Petitioner it's owned by a building company out of Dyer, Indiana. So not just household cars, and boats. Councilmember Henry Davis those caveats are there a timeline to make sure those things happen and when will we get the written form finalized for that area? So we don't have to revisit this later and that we are decent and in order. Petitioner responded the screening would be part of the final site plan. The outdoor screening areas would go in first then they would come in shortly after, the final site plan will be done within a month or less. Councilmember Varner made a motion to send the Substitute version of Bill 28 -14 to the full Council with a favorable recommendation with conditions that were expressed by the petitioner. Councilmember Dieter seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 30 -14 PUBLIC HEARING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1707 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA Councilmember Schey made a motion to accept the substitute version of this bill as on file in the Office of the City Clerk. Councilmember Scott seconded the motion which carried by a voice vote of nine (9) ayes. Councilman Scott reported that The Zoning and Annexation Committee met this afternoon and sends this bill to the full Council with no recommendation. Presenter Angela Smith with offices on the l I" floor of this building. The petition is looking to resolve from LB (local business) to GB (general business). The property is triangle shaped along State RD 23 just north of Edison, it was a hair salon, and then retail which was damaged in a fire, losing their legal status. The petitioner is seeking to acquire the property to extend his auto sales business which, operates just to the north of this property, to extend on to this property. He is a providing a six (6) foot privacy fence between him and the apartments to the north and west. In 4 REGULAR MEETING JUNE 23,201 addition to a tree to add additional landscaping. This comes from the Area Plain Commission with a favorable recommendation. Petitioner David Witt owner ofDavio's Autos- 1711 S Bend Ave. - looking to purchase the adjacent lot 1707 S Bend Ave. asking to get the results. Councilman Scott currently you do not own 1707? Petitioner responded no. Councilmember Scott if it goes through rezoning and you fail to purchase it, it would be rezoned? Petitioner responded, I have to be preapproved prior to purchasing the lot. Councilmember Scott then my question is how can you rezone someone else's property? Angela Smith responded the current property owner has authorized the representative to move forward with all the paperwork today for the rezoning, if the sale falls through the rezoning stays with property and not with us. Councilmember White in terms of the parking lot how many vehicles will be on the lot since it's a small spot? Petitioner we are looking for 12 to 15 extra cars for sale as an extension to our lot. A public hearing was held at this time. Those wishing to speak in favor: Louis Bell- 210 E Wellman Drive- I think the council should approve this as Mr. Witt is very successful in what he has been doing. He will be able to fix the property up and add additional employees as it looks terrible right now. Those wishing to speak in opposition were none. Councilmember Davis who enforces that the property is up to code for the business? Angela Smith responded that would be the Code Enforcement Office and in terms of zoning that would be the Building Department. Councilmember Davis we have a number of car lots throughout the city who ever makes these decisions who then enforces the code to maintain it as a reputable business is my question with this property and others like it? I think the investment is great but my question is the level of enforcement throughout the entire city? Angela Smith responded one of the conditions is that each vehicle has to be accessible in a drive aisle, so there is particular verbiage, but I can't speak for the building and enforcement office on their procedures and how often they go through to see. Councilmember Davis so we need to go back and adopt this language in other ordinances to enforce this? Angela Smith we have been working on language, and drafting that, we have and reach out to the Enforcement office, which is where we are at now. Councilmember Davis I want to keep it the same for all not just this one situation. Angela Smith responded as they need a variance we have used the language in updated ordinances as we go throughout these changes. The may not be retroactive but we are moving towards that. Councilmember White I would recommend when you are looking at the zoning and re- advising the ordinance that you have a representative from the Council. In the past we had a committee it allows for better communication and feedback. Angela White, responded I will reach out and make sure that someone is involved moving forward. Councilmember White made a motion to send 30 -14 bill to the full Council favorably. Councilmember seconded Gavin Ferlic the motion which carried by a voice vote of nine (9) ayes. RISE AND REPORT Vice President Derek Dieter made a motion to rise and report to full Council. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of nine (9) ayes. ATTEST: ATTEST: 5 REGULAR MEETING JUNE 23,201 John Voorde, City Clerk Valerie Schey, 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 7:49 p.m. Council President Oliver J. Davis, presided with nine (9) members present. I "10W =r moll tiCI NMI 1110 e� BILL NO. 27 -14 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1022 20TH STREET, COUNCILMANIC DISTRICT NO. 3 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember White made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember White made a motion to pass substitute bill 27 -14 as amended in the Committee of the Whole. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. BILL NO. 28 -14 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE AND REQUESTING A SPECIAL EXCEPTION FOR PROPERTY LOCATED AT 605 NORTH HICKORY ROAD, SOUTH BEND, INDIANA, COUNCILMANIC DISTRICT NO.4 IN THE CFTY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Scott made a motion to amend this bill as in the Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Schey made a motion to pass substitute bill 28 -14 as amended in the Committee of the Whole. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. BILL NO. 30 -14 THIRD READING ON A BILL AMENDING THE ZONING ORDINANCE FOR PROPERTY LOCATED AT 1707 SOUTH BEND AVENUE, COUNCILMANIC DISTRICT NO.4 IN THE CITY OF SOUTH BEND, INDIANA This bill had third reading. Councilmember Henry Davis made a motion to move to passage as amended with written commitments as amended in Committee of the Whole. Councilmember Varner seconded the motion which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Henry Davis made a motion to pass this bill as amended. Councilmember Dieter seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. RESOLUTIONS BILL NO. 14 -59 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A PETITION OF THE AREA BOARD OF ZONING 14 REGULAR MEETING JUNE 23,201 APPEALS OF ST. JOSEPH COUNTY, INDIANA FOR THE PROPERTY LOCATED AT 2324 ELWOOD AVENUE, SOUTH BEND, INDIANA WHEREAS, Indiana Code Section 36 -7 -4 -918.6 requires the Common Council to give notice pursuant to Indiana Code Section 5- 14- 1.5 -5, of its intention to consider Petitions from the Area Board of Zoning Appeals for approval or disapproval; and WHEREAS, the Common Council must take action within sixty (60) days after the Area Board of Zoning Appeals makes its recommendation to the Council pursuant to I.C. 36 -7 -4 - 918.6; and WHEREAS, the Common Council is required to make a determination in writing on such requests pursuant to Indiana Code Section 36 -7-4- 918.4, and WHEREAS, the Area Board of Zoning Appeals has made a recommendation, pursuant to applicable state law. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA as follows: SECTION I. The Common Council has provided notice of the hearing on the Petition from the Area Board of Zoning Appeals pursuant to Indiana Code Section 5- 14 -1.5 -5 requesting that a Special Exceptions be granted for the properties located at: In order to permit: (2324 ELWOOD AVENUE SOUTH BEND INDIANA) Approval of a Special Exception Use as allowed under Section 21 -03.04 (a) (2)(A) Automotive Uses, of the City of South Bend Zoning Ordinance to allow for a Gasoline Service Station facility (without repairs) on property zoned LB Local Business District. SECTION IL Following a presentation by the Petitioner and after proper public hearing, the Common Council hereby approves the petition of the Area Board of Zoning Appeals, a copy of which is on file in the Office of the City Clerk. SECTION III. The Common Council of the City of South Bend, Indiana hereby finds that 1. The proposed uses will not be injurious to the public health, safety, comfort, community moral standards, convenience or general welfare; 2. The proposed uses will not injure or adversely affect the use of the adjacent area or property values therein; 3. The proposed uses will be consistent with the character of the district in which it is located and the land uses authorized therein; 4. The proposed uses are compatible with the recommendations of the City of South Bend Comprehensive plan; all of which is requested by the South Bend Municipal Code 21 -09.03 (i). SECTION IV. Approval is subject to the petitioner complying with the reasonable conditions established by the Area Board of Zoning Appeals, which are on file in the office of the City Clerk. SECTION V. The Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. REGULAR MEETING JUNE 23,201 Member of the Common Council Councilmember Schey reported the petitioner requested to withdraw this with proper motion. Councilmember Henry Davis moved to strike bill 14 -59, Councilmember White seconded the motion which carried by a voice vote of nine (9) ayes. BILL NO. 14 -61 A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 914, 918, 923, 925, 927, 930, 9324, 1024, 1030 OAK ST, 922, 930, 1002 4, 1014, 1018, 1020 FUERBRINGER, 417, 418, 500 BLK SHERMAN, 501 HARRISON ST, 423, 429, 431 COTTAGE GROVE, 327, 329, 331, 408, 412, 417, 403 CUSHING ST. AS RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR LINCOLN PARK DEVELOPMENTS LLC WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement have been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend Indiana requesting that the area commonly known as, 914, 918, 923, 925, 927, 930, 932.5, 1024, 1030 Oak; 922, 930, 1002.5, 1014, 1018, & 1020 Fuerbringer; 418, 417, and 500 blk Sherman; 501 Harrison; 423, 429, & 431 Cottage Grove; 327, 329, 331, 408, 412, 417, & 403 Cushing South Bend, Indiana, and which is more particularly described as follows: 1) 914 Oak South Bend IN Parcel ID 18 -1029 -1276 Legal Description: Lot Numbered Four (4) as shown in the recorded Plat of Lorenz Fuerbringer's Addition 2) 918 Oak South Bend IN Parcel ID 18 -1020 -1278 Legal Description: West 17 and 4/5 feet of Lot 5 and the East 17 and 4/5 feet of Lot 6 Fuerbringers 1St Addition 3, 4) 923 Oak, 925 Oak, 927 Oak, South Bend IN Parcel ID: 923 Oak- 18 -1030 -1345 925 Oak- 18- 1030 -1344 927 Oak 18- 1030 -1343 Legal Description: 923 Oak- 35 Feet E Side lot 11 Fuerbringers 2' addition 925 Oak- 17.5 feet East side lot 10 and 17.5 feet West side Lot 11 Fuerbringers 2nd Addition 927 Oak- Except 17.5 Feet West Side Lot 10 Fuerbringers 2 Addition 5) 930 Oak and 932.5 Oak South Bend IN Parcel ID: 930 Oak- 18- 1029 -1281 932.5 Oak 1801029 - 1281,01 Legal Description: 930 Oak- Part of lot 8 of the recorded plat of Fuerbringer's beginning at the Northeast corner of said Lot 8; running thence South along the East line of said lot, 132 feet to the Southeast comer thereof, thence West along the South line of said lot, 26.825 feet; thence North 132 feet to the North line of said lot; thence East along the North line, 26.65 feet to the place of beginning 932.5 Oak W' /2 Llot 8 Fuerbringers 1s addition 6) 1024 Oak South Bend IN Parcel ID: 18 -1033 -1449 Legal Description: Lot 6 William Millers 91 REGULAR MEETING 7) 1030 Oak St South Bend IN Parcel ID: 18- 1033 -1447 Legal Description: Lot 8 William Millers 8) 922 Fuerbringer South Bend IN Parcel ID: 18 -1030 -1334 JUNE 23,201 Legal Description: Lot Numbered 22 as shown on the recorded plat of Fuerbringer's Second Addition to South Bend, except 10 feet off of the West side thereof and except a parcel described as beginning 18 inches West of the Northeast comer of lot 22, thence East 18 inches to the Northeast comer; thence South to the Southeast corner of lot 22; thence West 1 foot 9 inches, thence Northeast to the place of beginning 9) 930 Fuerbringer South Bend IN Parcel ID: 18 -1030 -1333 Legal Description: All of Lot numbered 29 and part of Lot numbered 22, of Fuerbringer's 2nd Addition, described as beginning at the Northwest corner of said lot numbered 23, running thence East along the South line of Fuerbringer St 50 feet; thence Southerly 120 feet to a point on the North line of a public alley, which point is 10.58 feet east of the Southeast corner of said lot numbered 23; thence West 50.58 feet to the Southeast comer of lot number 23; thence North 120 feet to the place of beginning 10) 1002.5 Fuerbringer South Bend IN Parcel ID: 18 -1030 -1332 Legal Description: Lot 24 Fuerbringers 2' Addition 11, 12, 13) 1014 Fuerbringer, 1020 Fuerbringer, 418 Sherman, 1018 Fuerbringer, 418 Sherman South Bend IN Parcel ID: 1014 Fuerbringer- 18- 1034 -1499 1020 Fuerbringer- 18 -1034 -1497 418 Sherman- 18- 1034 - 1497.02 1018 Fuerbringer- 18 -1034 -1498 418 Sherman- 18- 103401498.02 Legal Description: Wunderlich Subdivision lots 1 -3 and 5 of Witherill's addition 14) 417 Sherman South Bend IN Parcel ID: 18 -1034 -1490 Legal Description: Lot 4 Witherill's 15) 500 Blk Sherman South Bend IN Parcel ID: 10- 1034 -1480 Legal Description: Lot 16 O.S Witherill's 2 Addition 16) 501 Harrison South Bend IN Parcel ID: 18- 103001311 Legal Description: Lot numbered 6 as shown on the recorded plat of Rockstroh and Nickel's First Addition 17) 423 Cottage Grove South Bend IN Parcel ID: 18 -1030 -1329 Legal Description: Lot 27 of Fuerbringer's Y Addition 18) 429 Cottage Grove South Bend IN Parcel ID: 18- 1030 -1327 Legal Description: Lot 29 Fuerbringers 3' Addition 19) 431 Cottage Grove South Bend IN Parcel ID: 18- 1030 -1326 Legal Description: Lot 30 Fuerbringer's 3rd REGULAR MEETING JUNE 23,201 20) 327 Cushing and 329, 331 Cushing South Bend IN Parcel ID: 327 Cushing- 18- 1028 -1254 329 and 331 Cushing- 18 -1028 -1253 Legal Description: 327 Cushing the south 34 feet of Lot 18, Heintzman's 329 and 331 Cushing - The north 30.57 feet of lot 18, Heintzman's addition 21) 408 Cushing and 412 Cushing South Bend IN Parcel ID: 408 Cushing- 18 -1028 -1266 412 Cushing -18 -1028 -1265 Legal Description: 408 Cushing S '/z Llot 6 Heintzman's Addition, 412 Cushing the North z of lot 6 Heintzman's Addition 22, 23, 24) 417 Cushing and 403 Cushing South Bend IN Parcel ID: 417 Cushing- 18 -1028 -1249 403 Cushing 18 -1028 -1252 Legal Description: 417 Cushing — the South Llot' /z Heintzman's Addition 403 Cushing - lot 16 and 17 Heintzman's addition and this property has Tax Key Numbers 018 -1029 -1276, 018 -1029 -1278, 018- 1030 -1345, 018- 1030- 1344,018- 1030 - 1343,018- 1029 - 1281,018- 1030 - 1281.01,018- 1033 - 1449,018 -1033- 1447,018 -1030- 1334, 018 - 1030 -1333, 018 -1030- 1332, 018 - 1034 - 1499,018 - 1034- 1497,018- 1034- 1497.02,018 -1034 -1498, 018- 1034 - 1498.02, 018- 1034 - 1490,018- 1034 - 1480,018 -1030- 1311, 018 -1030 -1329, 018 - 1030 -1327, 018 - 1030 -1326, 018- 1028 -1254, 018 -1028 -1253, 018- 1028 -1266, 018 -1028 -1265, 018 - 1028 -1249, and 018 - 1028 -1252 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6 -1.1 12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq. and; WHEREAS, the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6 -1.1 12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq. and; has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law: and WHEREAS, the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana as follows: SECTION L The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6 -1.1 12.1 et seq. for tax abatement. SECTION IL The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394 -03 which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one (1) or two (2) family dwellings designed for up to four (4) families including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i . the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25 or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or 10 REGULAR MEETING JUNE 23,201 E. A significant number of dwelling units within the area are: i. the subject of an order issued under IC 36 -7 -9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or, G. The area plus any areas previously designated under this subsection will Not exceed ten percent (10 %) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and fmds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development. B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; and D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. E. The deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability. F. The deduction will not be allowed unless the dwelling rehabilitation is completed within five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION IV . The Common Council hereby determines and fords that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall be limited to five (5) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period of five (5) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17. SECTION VIII The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5 -3 -1 and Indiana Code 6 -1.1- 12.1 -2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. 11 REGULAR MEETING JUNE 23,201 Member of the Common Council Presentation, Anne — 2647 W Washington, South Bend— this is a tax abatement for construction for 24 new homes in the Lincoln Park neighborhood. Councilmember these will all be new homes and asked about the address on the homes? Petitioner responded that they will, she explained the vacant lots have odd addresses, she has them listed by tax id numbers. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Henry Davis made a motion to adopt resolution 14 -61. Councilmember Schey seconded the motion which carried and the resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 14 -62 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1904 NORTH KENMORE STREET AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TWO -YEAR (2) REAL PROPERTY TAX ABATEMENT FOR J. J. WHITE INCORPORATED WHEREAS, the Common Council of the City of South Bend, Indiana has adopted a Declaratory Resolution designating certain areas within the City as Economic Revitalization Areas for the purpose of tax abatement consideration; and WHEREAS, a Declaratory Resolution designated the area commonly known as 1904 North Kenmore Street South Bend, Indiana and which is more particularly described as follows: 300'N & S X 360'E & W Beg Appx 69'N of SW Cor Se and which has Key Number 71- 03 -33- 200 - 016- 000 -009, as an Economic Revitalization Area; and WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6 -1.1 -12.1- 2.5; and WHEREAS, the Council held a public hearing for the purposes of hearing all remonstrance's and objections from interested persons; and WHEREAS, the Council has determined that the qualifications for an economic revitalization area have been met. NOW, THEREFORE BE, IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby confirms its Declaratory Resolution designating the area described herein as an Economic Revitalization Area for the purposes of tax abatement. Such designation is for Real property tax abatement only and is limited to two (2) calendar years from the date of adoption of the Declaratory Resolution by the Common Council. SECTION IL The Common Council hereby determines that the annual amount for which similar buildings in the county were leased or rented or offered for lease or rent during the period the eligible vacant building was unoccupied is approximately in the amount of $79,798.64. 12 REGULAR MEETING JUNE 23,201 SECTION III. The Common Council hereby determines that the property owner is qualified for and is granted Real property tax deduction for a period of two (2) years as shown by the attachment pursuant to Indiana Code 6 -1.1- 12.1 -17, and further determines that the petition, the Memorandum of Agreement between the Petitioner and the City of South Bend, and the Statement of Benefits comply with Chapter 2, Article 6, of the Municipal Code of the City of South Bend and Indiana Code 6- 1.1 -12 et seq. SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approved by the Mayor. Member of the Common Council Councilmember Gavin Ferlic, Chairperson, Community Investment met this afternoon and sends this bill to full Council with a favorable recommendation. Presentation Tony Bulguard — Midwest Operations Manager J.J. White Inc. — seeking a two (2) year tax abatement for our Midwest operations here in South Bend. Tax abated $25,527, the taxes paid $14,696. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Varner made a motion to adopt resolution 14 -62. Councilmember seconded Dieter the motion which carried and the resolution was adopted by a roll call vote of nine (9) ayes. BILL NO. 14 -65 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, THE CITY OF MISHAWAKA, INDIANA AND ST. JOSEPH COUNTY, INDIANA REGARDING THE USEPA BROWNFIELDS ASSESSMENT GRANT APPLICATION WHEREAS, the City of South Bend, Indiana ( "South Bend") is an Indiana political subdivision for purposes of I.C. 36 -1 -7 and is authorized to enter into an Interlocal Agreement with other Indiana political subdivisions pursuant to IC 36 -1 -7; and WHEREAS, the City of Mishawaka, Indiana, ( "Mishawaka ") is an Indiana political subdivision for purposes of C 36 -1 -7; and WHEREAS, St Joseph County, Indiana, ( "County ") is an Indiana political subdivision for purposes of I.C. 36 -1 -7; and WHEREAS, by Resolution No. 4313 -14 passed by this Council on January 13, 2014, the City of South Bend for itself and the City of Mishawaka, and the County of St. Joseph (collectively "the Coalition"), is applying for a United States Environmental Protection Agency ( "USEPA ") Grant ("the Grant ") in the sum of $600,000.00 for Brownfields Assessment. WHEREAS, South Bend will enter into a contract with Symbiont Science, Engineering and Construction, Inc. ( "Symbiont ") which will prepare the USEPA Brownfields assessment grant application on behalf of the Coalition; and WHEREAS, Symbiont will prepare the Grant application at no cost to the Coalition; however, in the event that the Coalition is awarded the Grant, a sum, not to exceed Twenty Four Thousand Dollars ($24,000.00) would be due to Symbiont (the "Symbiont Fee "); and WHEREAS, South Bend, Mishawaka and the County desire to share the Symbiont Fee based upon the percentages set forth in that certain Interlocal Agreement between South Bend, 13 REGULAR MEETING JUNE 23,201 Mishawaka and the County; and WHEREAS, South Bend, Mishawaka and the County desire to enter into an Interlocal Agreement for that purpose. NOW, THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1. Interlocal Agreement Authorized. The South Bend Board of Public Works is authorized to enter into an Interlocal Agreement in the form attached hereto with Mishawaka and the County Section 2. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Common Council. Dated this day of 1 2014. k Member of the Common Council Councilmember Ferlic, Community Investment sends this forward favorably. Presentation Chris Streusel representing the Community of Investment with offices in this building on the 14" floor. I'm here to announce that South Bend has received Brownfield Assessment Grant from the EPA in the amount of $600,000 we will be working with our coalition partners Mishawaka and St. Joseph County. Grant period starting in October 1, 2014 and run for a three year period, used for developing brownfield sites and preparing for phase 1 and phase 2 assessments. Prior to that we secured the services of a consulting firm from Milwaukee, and we have a local agreement for reimbursement to be shared by all the partners. Mishawaka we be 25% of $24,000. If they are not selected we would need to reimburse them. So we have an interlocal agreement and ask for your approval for the sharing of these fees. Councilmember Schey can you share some possible sites that can benefit from these sites? Petitioner responded there are some that are noted by need in the grant, the metal processing site, barrel oil company site, Bissell site among others. Councilmember is the 836 is that the entire portion south of Rex? Petitioner responded yes that block portion. Councilmember Davis- when we go to do these bond assessments are they ever matched with ongoing projects that are going on in the neighborhood? Petitioner I think that is key in determining priorities and taking down obvious properties. These will be a part of plan, the ones noted based on need not necessarily tied into other projects. Councilmember these will all be new homes and asked about the address on the homes? Petitioner responded that they will, she explained the vacant lots have odd addresses, she has them listed by tax id numbers. There being no one present wishing to speak to the Council either in favor of or in opposition to this bill, Councilmember Scott made a motion to adopt resolution 14 -65. Councilmember Gavin Ferlic seconded the motion which carried and the resolution was adopted by a roll call vote of nine (9) ayes. BILLS — FIRST READING There were no first readings to come before the full Council. 14 REGULAR MEETING JUNE 23,201 A. REPORTS FROM AREA BOARD OF ZONING APPEALS 1. BILL 14 -63- SPECIAL EXCEPTION -1119 LINCOLNWAY WEST 2. BILL 14 -64- SPECIAL EXCEPTION — 4445 S. LINDEN RD Councilmember Henry Davis made a motion to move 14 -63 & 14 -64 go to Z and A for second and third public reading on July 14, 2014. Councilmember Schey seconded motion which was moved by a voice vote of nine (9) ayes. B. REPORTS FROM AREA PLAN COMMISSION 1. BILL 32 -14— REZONING— 140 NILES AVE. Councilmember Henry Davis motion to accept substitute bill 32 -14, councilmember seconded motion carried by a voice vote of nine (9) ayes. Councilmember made a motion to move substitute bill 32 -14 for second and third public reading on July 14, 2014. Councilmember seconded motion which was moved by a voice vote of nine (9) ayes. 2. BILL 33 -14 — ANNEXATION— 17716, 17802 & 17830 IRELAND ROAD, nLIm:r_vAynaMRIg Councilmember White made a motion to move bill 32 -14 for second and third public reading on July 28, 2014. Councilmember Dieter seconded motion which was moved by a voice vote of nine (9) ayes. C. IN RE THE MATTER OF COMPLAINTS FILED AGAINST 2ND DISTRICT COUNCIL MEMBER HENRY DAVIS, JR.., WITH RESPECT TO THE SOUTH BEND COUNCIL RULES COMMITTEE Common Council Attorney spoke but was not well heard on the audio. In light of the fact it was not in a council meeting, the last time they had a hearing was 1986. It was anticipated that we would... Councilmember Davis requested an attorney to state the rules of arbitration. Charles Leoni Attorney with offices 521 W Colfax Ave, the Council President is the person in fact who determines the policy rules and conducting any hearings going forward. The sections of the municipal code that deal with council procedures Article 2. 1986 procedures have not been reviewed in full. The 1986 was a matter that happened years ago with a few amendments made. Certain procedure are informative from the past, they can be useful but they are not binding. The municipal code itself, is determinative in which proceedings need to move forward. I am assisting President Council Davis on these matters and how we can bring this to a conclusion. Councilmember Davis you are asking what procedures we should follow or your role as arbitrator? Councilmember Davis I'm looking for as if we were to be challenged in court that we are going strictly by the city code. Councilmember Schey in terms of proceedings on Monday June 9, the council rules committee met and at that time Council President Davis and myself prepared our recommendation, if there had been an executive session which the attorney provided a format to follow for our recommendations. Both were prepared the meeting where those were accepted. What hasn't been accepted by Dr. Ferlic and Varner even though city council attorney has prepared it was not formally accepted. Based on the procedural rules are those the only documents that the council has to work with? Attorney Charles, I only attended this meeting, within the committee in which the reports come forward, the municipal code requires that it is a written report of a code or violation, supported 15 REGULAR MEETING JUNE 23,201 and signed by majority of committee members, though it is only a committee of four, the majority is three. If there is a report it needs the majority. Councilmember Schey, so since there are only two members than that would fail. Attorney Charles it is the responsibility of the President on whether to accept report based on the municipal code. Councilmember what are the next three words in Section I and read the report. Attorney Charles, "after the hearing ". Councilmember, I'm just making that point that there was no hearing. Councilmember Davis, can you finish up that it's not substantial...? Attorney Charles, after the hearing, the code assumes that there will be a public hearing at the rule committee level in fact the hearing is waived by the person who is charged, then moved forward with facts, with stipulated and agreed. A private hearing was waived in this case as there was no presentation of evidence at the committee level. Councilmember Varner, the report would pass along as out of the three voting member, 2 would be the majority members. Dr. Ferlic, can I got ahead and make a motion? Councilmembers responded no, not at this time. Attorney Charles, I understand your point but there is a section that you are not supposed to have an even number board, the rest of the members would act as member. The code is silent that a presiding member can vote to separate a vote. Bob Masters — Attorney 211 W Washington St. — I represent Councilmember Henry Davis Councilmember Schey on Friday you presented to Council a motion to dismiss, can you please tell us more about that motion? Attorney Bob the Rules committee rule require a majority finding that Mr. Davis violated the municipal code or another statue, now eight (8) complaints were filed against Mr. Davis in January an additional complaint in February those complaints were referred to rule committee for an inquiry which led to June 9 1 h public hearing, putting the charges to a vote which was no majority fording on that day. The vote was two to two, the tie is as good as a no, with failed finding by the majority that rules have been violated the charges have to be dismissed. Mr. Davis has filed a motion to dismiss as the Rules Committee has not dismissed, the re -vote was under taken from suggestion that Oliver Davis was not allowed to vote. There are 11 committees and the Rules Committee with its own rules required the President to be on the committee if the President can't vote. Over the last 13 years, there are at least seven (7) votes, where the Council President Davis voted twice in February, and Dieter voted at least three (3) times, when he was President. Per the vote it is contrary to past voting, the rule are being changed just because it is Henry Davis Jr. which it is still a 2 to 1 vote therefore it is the Rules Committee to dismiss these orders. Attorney Bob pointed out numerous examples of the Council President voting recently and in the past. The rules of the President can't vote has been overlooked for over thirteen (13) years. In the past there has been no questions about the President voting, until Henry Davis' motion for a file to dismiss. Councilmember President Oliver Davis, I can go on record that I did vote in the past. If it is inappropriate for me to vote now then it was inappropriate for me to vote Dr. Ferlic and nominate him on the committee. Then he would not officially be on the committee and therefore there is no official report. Attorney Bob even on a four person committee, even if only three members can vote the majority is not two (2), the majority is three (3), and the code does not say the majority of voting members because it anticipates the President will be voting as it requires him to be a member. There are no cap of members, but it has to reflect the political composition of the Council. 16 REGULAR MEETING JUNE 23,201 Councilmember Schey, my concern would be that you voted twice earlier this year. With Council President voted twice this year, was not an issue previous has it now become an issue? Attorney Bob if the vote questionable and no one rejects, then the right to object later has been waived for example on June 9 with a two (2) to two (2) vote, only is the objection raised is after the dismissal and it was unchallenged during that time. Councilmember Varner when you have something written in code do you have to abide by the code and something written on a report which would take precedent? You have given examples of unanimous votes in cases where is wasn't? Should we continue to ignore the rules that we neglected in the past or should we recognize what's in the code and go with that? Attorney Bob, the code is inconsistent in its treatment in the rules committee has to be read so that this rules make sense, it would be illogical to apply it to a committee that requires him to be a member of. If you want to read this strictly as the words are written than two (2) votes on a four (4) person committee is not the majority as it doesn't state only counting voting members. So we can just dismiss this now. Councilmember Varner there was not a vote on June 9 and there was a misunderstanding on the notes. Attorney Bob, I was here on that date, and witnessed the motions of that date. Two members say no violation and two members state violation, so that is a two (2) to two (2) vote, Councilmember President Davis we voted not to have an evidentiary hearing and that was a unanimous vote and I was part of that vote. Attorney Bob, let's assume the vote that occurred on today was valid, even though our argument was to dismiss on June 9th, let's talk the language of the code there was not a majority vote, as that vote was two (2) to one (1) which is not the majority vote as we are talking about two (2) members of a four (4) person committee. Councilman Dieter for Clerk Voorde to read there was no vote taking on the committee meeting you were sitting on, it was evident that council member Oliver and Schey had one opinion and Dr. Ferlic and Dr. Varner had another, there was never a motion in that committee one way or the other. Council President there was a vote, and if it's not reflective in the minutes, than they are inaccurate. Council Attorney the meeting concluded with a summary of Dr. Varner at the very end that there was a continuation. Councilmember Gavin I will state from a personal standpoint it is an important that we take a vote, or if the Council President decides it in his authority to make a decision, he is able to make that decision as President. You mention the letter of the law and regards to commission, he is supposed to be on the committee and having an odd number on the committee and we are not following the letter of the law. Councilmember President Davis if you look at the last three years you've had three, you've had four, therefore, it states three or more, this was sent to the full council back in January, and our advisory and our city council attorney did not correct me in that. I made all the adjustments that everyone has told me to do. Attorney Bob, Council President made my point that in 2012, when Councilman Dieter was President you had a four (4) person committee, Mr. Ferlic you're an attorney so I appreciate your reading in this, I think the intention that you have to fairly reflect the political composition that you would have one member of each party including the President. The President of a body can vote Councilman Ferlic and Attorney Bob went back and forth on the interpretations of the law. 17 REGULAR MEETING JUNE 23,201 Councilmember White the time that we have put forward spending hours on countless procedures that it is not fair to our residents, and to city councilman Henry Davis. We are no longer talking about the steps and if we cannot come up with a decision that I would support Dr. Ferlic that the President it is in your hands in this regard. We need to move forward and make a decision it is important to the council, we spent an hour on the law, and we need to bring a sense of continuity and stability to the council to move forward. Councilman Ferlic at this point there is a difference of interpretation of the law and that you as the President should take the decision into your hands. I would recommend that the people adhere to these rules laid out that, that we get to a public hearing and how it is ruled out is however it comes out. Councilmember Dr. Varner if it is the Presidents to overrule the action of the council, for clarification we might as well do it now in regards to time. Let's do this now instead of spending any more time. Councilmember Dr. Ferlic for the good of South Bend this needs to be settled now the rhetoric is way too heated. I refer to my previous motion which had four (4) stipulations that our attorneys can get anything through a loophole, unfortunately this problem has formed to a racial issue, we cannot move forward with this if it is painted as a racial issue. There has been personal attacks to our council attorney, no verbal abuse is warranted on any human being, for those reasons we need to settle this tonight, to move on for the betterment of South Bend. Councilmember Schey one thing our residents want to know that everyone is treated equally and fairly under the law a key issue is the inconsistency on which we apply the law depending on the person or the circumstances, although we as a council we need to come together to decide, I respectfully request that we accept and grant the motion to dismiss on this case that has been filed by attorney Mr. Masters. Councilmember Davis no comment. Councilmember Scott I agree with Karen White that we spent too much time on this and is to the detriment on this city. One thing where all cities are equal, if there is any doubt on whether they would relocate this is part of it. In Section O. we are to serve with the highest form of dignity to our fellow councilmember, officers, employers in the city, and all other persons when carrying out their duties to the Common Council, whatever that punishment is we do it and we move on you learn more from your mistakes, what you do with it makes you a better person. I put it to President Oliver Davis. Councilmember Henry Davis I offered up that three or four weeks ago that I would be the sacrificial lamb on multiple occasions on this particular issue, in between then and now, there was a misunderstanding or need to apology or giving something up for something, I have offered that up during the committee session. But there was members on the council wanted to make sure I knew what I did was wrong. If I didn't say it was wrong they weren't interested in anything else. I offered this up and clearly is was not enough, in the interest of protecting myself I had to go get legal counsel, it was only necessary because no one wanted to hear what I had to say, no one asked me what I had to say or without any investigation. Thank you for your support and I appreciate putting this to rest as well and have been for over a month. So it's up to Council President, I thank you for your leadership, I applaud you for it. Councilmember Oliver Davis I want to make sure that no matter what happens, we are all treated fair. As a council I heard so many things that we would be disrespectful, I enjoyed this discussion tonight, I believe we handled ourselves professionally, I appreciate all of our attorney's. I feel that those of you who feel the need to give some type of lecture of displeasure you can meet with him privately and share with him your displeasure and frustrations. I think some people really need to get this off their chest, I don't have to sit on a rules committee to tell you to do that, what I get upset, we go talk and clear it up. That needs to happen for those that have not done that. Please call him and will help clear up other issues. We have all these matters that are coming up. I personally would like to accept your motion to move forward, before I do so, I would like to challenge this council to something that I asked in 2009 that we need some rules on social media, so I ask this council that we put that on record to use the rules IN REGULAR MEETING JUNE 23,201 that we govern, so we don't have to come back to this in the future. Councilman Scott does that make sense to you? Councilman Scott responded, absolutely. On that matter I accept your motion to strike this on the record, and I think we all have a better understanding on how to see in our professional lives on everything else we do moving forward, as your President I would like for you to accept that. And again if you have any concerns that you would like to share with Councilman Davis please share with him. Councilmember Davis is anyone able to file another complaint and start this whole situation over again? Regatta that when a matter has put before a body and the body conducted an inquiry and has reached a decision that it's over, and I am suggesting that this with motion that you have reached a decision and you are going to strike it, so that would be the end of that matter Councilman Scott so there is no discipline? Attorney Bob the motion is to strike the matter from any further consideration, so it is stricken from any further consideration Councilmember President please if anyone has any issues write him a letter. Councilmember Scott so the letter is over, no discipline? Just asking for clarification. Attorney Bob in our opinion it is the Rules Committee that has made the decision, your ruler on the prior order and you are striking it Mr. President Council President I appreciate your understanding that takes some of the pressure off me, but I don't think that is going to be how it is taken in the community. Councilmember White, I would like to put this on the table that clearly there is a need to look at our code as it pertains to these issues, we are 2014 and we need to look at our code. I would like to suggest that if we have any issues that we need to have an ethics committee that is not composed of councilmembers. It is not good for the council to be put it this type of position with these varying viewpoints. I suggest that we would look at the code and formulate and ethics committee and look at the best practices. Tim Scott is looking at social media, this is a great opportunity for the council to look at process and procedure that it was I suggest moving forward, I put this in the hands of the President. NEW BUSINESS There was no new business to come before the Council at this time. PRIVILEGE OF THE FLOOR There was no one wishing to come before the Council. ADJOURNMENT There being no further business to come before the Council, President Oliver Davis adjourned the meeting at 9:18 p.m. ATTEST: ATTEST: John Voorde, City Clerk Oliver J. Davis, President 19