06-23-14 Common Council Meeting Minutes

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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