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06-23-14 Common Council Meeting Minutes
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06-23-14 Common Council Meeting Minutes
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REGULAR MEETING <br />JUNE 23,201 <br />A. REPORTS FROM AREA BOARD OF ZONING APPEALS <br />1. BILL 14 -63- SPECIAL EXCEPTION -1119 LINCOLNWAY WEST <br />2. BILL 14 -64- SPECIAL EXCEPTION — 4445 S. LINDEN RD <br />Councilmember Henry Davis made a motion to move 14 -63 & 14 -64 go to Z and A for second <br />and third public reading on July 14, 2014. Councilmember Schey seconded motion which was <br />moved by a voice vote of nine (9) ayes. <br />B. REPORTS FROM AREA PLAN COMMISSION <br />1. BILL 32 -14— REZONING— 140 NILES AVE. <br />Councilmember Henry Davis motion to accept substitute bill 32 -14, councilmember <br />seconded motion carried by a voice vote of nine (9) ayes. <br />Councilmember made a motion to move substitute bill 32 -14 for second and third <br />public reading on July 14, 2014. Councilmember seconded motion which was moved <br />by a voice vote of nine (9) ayes. <br />2. BILL 33 -14 — ANNEXATION— 17716, 17802 & 17830 IRELAND ROAD, <br />nLIm:r_vAynaMRIg <br />Councilmember White made a motion to move bill 32 -14 for second and third public <br />reading on July 28, 2014. Councilmember Dieter seconded motion which was moved <br />by a voice vote of nine (9) ayes. <br />C. IN RE THE MATTER OF COMPLAINTS FILED AGAINST 2ND DISTRICT <br />COUNCIL MEMBER HENRY DAVIS, JR.., WITH RESPECT TO THE SOUTH <br />BEND COUNCIL RULES COMMITTEE <br />Common Council Attorney spoke but was not well heard on the audio. In light of the fact it was <br />not in a council meeting, the last time they had a hearing was 1986. It was anticipated that we <br />would... <br />Councilmember Davis requested an attorney to state the rules of arbitration. <br />Charles Leoni Attorney with offices 521 W Colfax Ave, the Council President is the person in <br />fact who determines the policy rules and conducting any hearings going forward. The sections of <br />the municipal code that deal with council procedures Article 2. 1986 procedures have not been <br />reviewed in full. The 1986 was a matter that happened years ago with a few amendments made. <br />Certain procedure are informative from the past, they can be useful but they are not binding. The <br />municipal code itself, is determinative in which proceedings need to move forward. I am <br />assisting President Council Davis on these matters and how we can bring this to a conclusion. <br />Councilmember Davis you are asking what procedures we should follow or your role as <br />arbitrator? Councilmember Davis I'm looking for as if we were to be challenged in court that we <br />are going strictly by the city code. <br />Councilmember Schey in terms of proceedings on Monday June 9, the council rules committee <br />met and at that time Council President Davis and myself prepared our recommendation, if there <br />had been an executive session which the attorney provided a format to follow for our <br />recommendations. Both were prepared the meeting where those were accepted. What hasn't <br />been accepted by Dr. Ferlic and Varner even though city council attorney has prepared it was not <br />formally accepted. Based on the procedural rules are those the only documents that the council <br />has to work with? <br />Attorney Charles, I only attended this meeting, within the committee in which the reports come <br />forward, the municipal code requires that it is a written report of a code or violation, supported <br />15 <br />
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