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HomeMy WebLinkAbout08-14-17 Council Minutes t REPORT OF SUB-COMMITTEE ON MINUTES TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: THE SUB-COMMITTEE HAS INSPECTED THE MINUTES OF THE August 14,2017 MEETING OF THE COUNCIL AND FOUND THEM TO BE CORRECT. THEREFORE,WE RECOMMEND THE SAME BE APPROVED: lB_V ARNER APPROVEDJ3Y THE COMMON COUNCIL ON: August 28,2017 ATTEST: EMAH FO , CITY CLERK REGULAR MEETING August 14, 2017 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, August 14th, 2017 at 7:00 p.m. The meeting was called to order by Council President Tim Scott and the Invocation was given by Pastor Rickardo Taylor of the Mount Carmel Missionary Baptist Church, and Pledge to the Flag was given. ROLL CALL COUNCIL MEMBERS: Tim Scott 1St District, President Regina Williams-Preston 2 n District Randy Kelly 3`d District Dr. David Varner 5th District Oliver J. Davis 6th District, Vice President John Voorde At-Large Gavin Ferlic At-Large, Chairperson Committee of the Whole Karen L. White At-Large ABSENT: Jo M. Broden 4th District OTHERS PRESENT: Kareemah Fowler City Clerk Jennifer Coffman Chief Deputy Clerk Alkeyna Aldridge Deputy Clerk Graham Sparks Clerk Executive Assistant Bob Palmer Council Attorney REPORT FROM THE SUB-COMMITTEE ON MINUTES Councilmember Gavin Ferlic made a motion that the minutes of the July 24th, 2017 meeting of the Council be accepted and placed on file. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. SPECIAL BUSINESS BILL NO. 17.28 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, PUBLICLY COMMENDING AND HONORING VICE CHANCELLOR KAREN L. WHITE FOR OVER 42 YEARS OF DEVOTED SERVICE AND COMMITMENT TO THE STUDENTS OF INDIANA UNIVERSITY- SOUTH BEND Councilmember Tim Scott asked that Councilmember Karen White approach the podium to be joined by those members of her family present in the chambers. The remaining seven (7) members of the Council who were present each read successive sections of the text of the resolution to the public. 1 REGULAR MEETING Auzust 14, 2017 Councilmember Tim Scott stated, Thank you, Karen, for everything that you have done. Right now, we'll take comments from the Council. Councilmember Gavin Ferlic stated, Congratulations, and I hope you enjoy your time. Councilmember John Voorde stated, Even though I've been around a long time, I've still got a lot to learn, and you're the kind of person that I'd learn from. So,thank you very much. Councilmember Oliver Davis stated, Thank you for all your wisdom, and I'm glad to continue to be able to work with you on the Council. I also got a chance to work with you at IUSB, so it's been an honor to have you in my life. Councilmember Dr. David Varner stated, It's been about, I think, eighteen (18) years we've been on the Council together, and I'm glad to share that eighteen(18) years with someone like you, because we've been able to get together on things—a few disagreements, but, by-and-large, I think we look out for the same thing. That's a great trait that you have, and it's been great to work with you. Councilmember Randy Kelly stated, Karen, it's truly an honor to know you and to work with you. There's not a more caring, thoughtful public servant anywhere. I appreciate all you've done for me and our community. Congratulations. Councilmember Regina Williams-Preston stated, Karen, a lot has been said that is so true, and I just want to thank you for being a role model; for really being somebody I could go to in this new role on the Council. I find you, as often people say, very even-tempered. But, I've also noticed, being up here with you: you're also a pitbull. So, I've seen that behind the scenes and I really do appreciate that. Thank you so much. Congratulations. I look forward to continue working with you. Councilmember Tim Scott stated, Karen, like I said at IU: my first year on Council, I sat next to you for a reason—and that was because you're my mentor, whether you liked it or not. I sat next to you because I learned so much from you, in this position that I take very seriously. I appreciate that. I have learned like all other people have learned. I appreciate being able to work with you all these years and much, much more. At this time, I turn it over to you and your family, if you'd like to say anything. Councilmember Karen White stated, I would like to say thank you to each and every one (1) of you. I'm so glad that this is the end. It has been a wonderful two (2)weeks. I have been very uncomfortable but I do appreciate all of your awards, your acknowledgement, but, most importantly, to have an opportunity to work with each and every one (1) of you. It's been a joy. I look forward to the upcoming years, and I will continue to do my best to do the job that I've been elected to do. Thank you so much. Lorraine White, 4225 Hunter Run Circle, stated, I thank you for taking care of her, because she often takes care of everyone—people at IUSB, people in the city, especially as our family member. So, I thank you for supporting her in everything that she's done. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. Those from the public wishing to speak in favor of this bill: Samuel Brown, 222 East Navarre Street, South Bend, IN, stated, There is not enough time to say all the things you want to say about Karen. She's remarkable. I hope that in her retirement she can get some rest, because I know everybody is still going to be trying to call her and lean on her. Mr. Brown implored Councilmember White to enjoy herself in her retirement. Debra Walker, 639 Diamond Avenue, South Bend, IN, stated, To my sister, Karen: thank you, thank you,thank you. You are such a great person and a great mentor, and we couldn't do it without you. God bless you. Pastor Rickardo Taylor, Sr., 137 East Indiana Avenue, South Bend, IN, stated that he and Councilmember White met as children and attended the same church. Mr. Taylor stated, Always a pillar. You have set a standard, within our community, of leadership. And—me, as a pastor- 2 REGULAR MEETING August 14, 2017 we really appreciate the times that you have guided us and helped us become successful in our ministry. South Bend—the school has lost a major piece of the puzzle, but now I pray that you relax and enjoy life more and continue to do the things that you do behind the scenes to make everybody better. So, Mt. Carmel—we really appreciate you. May God always bless you. None from the public wished to speak in opposition to this bill. Councilmember Gavin Ferlic made a motion to adopt Bill No. 17-28 by acclamation. Dr. David Varner seconded the motion which carried by a voice vote of eight(8) ayes. REPORTS OF CITY OFFICES Representing the City Administration: Suzanna Fritzberg, Deputy Chief of Staff RESOLVE INTO THE COMMITTEE OF THE WHOLE At 7:15 p.m. Councilmember Karen White made a motion to resolve into the Committee of the Whole. Councilmember John Voorde seconded the motion which carried by a voice vote of eight (8) ayes. Councilmember Gavin Ferlic, Chairperson, presiding. Councilmember Gavin Ferlic explained the procedures to be followed for tonight's meeting in accordance with Article 1, Section 2-11 of the South Bend Municipal Code. PUBLIC HEARINGS BILL NO. 45-17 PUBLIC HEARING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF LAUREL STREET RUNNING SOUTH FROM JEFFERSON BLVD. TO FIRST EAST/WEST ALLEY, AND NORTH FROM JEFFERSON BLVD. TO FIRST EAST/WEST ALLEY Councilmember John Voorde, Chair of the Public Works and Property Vacation Committee, reported that they met this afternoon and send this bill forward with a favorable recommendation. Karl Edmonson, 1102 West Jefferson Boulevard, South Bend, IN, served as the presenter of this bill. Mr. Edmonson presented to the Council and public images of the alleys he intends to have vacated. Mr. Edmonson stated, I think the main concern that anybody might have would be access to the neighborhood. As you can see here, Maple Street and Laurel Street kind of bookend the whole thing, and it's only six-hundred(600) feet to either of those streets. Three-hundred (300) feet to the west is another alley that will give you access to either of those east-west alleys. Mr. Edmonson presented to the Council and public additional images of the alleys in question. He stated, So, basically, to the left of the north-facing alley is where the park is, and we're basically trying to maintain pedestrian access and safety. Cars drive through these alleys rather quickly. We have a lot of kids who like to go into this park and play there. Mr. Edmonson stated that parents often tell their children to stop at the alley due to traffic and the lack of signs or signals near the alleys. He also stated that he has not, in sixteen(16) years, seen the City do anything he asked of it regarding maintenance of the alleys. Mr. Edmonson stated, Once we move our house over to the east, we are going to keep our garage in that space as a sort of maintenance shed for the park across the street. We are going to want to run water from our house across the alley, and just having that alley not be there would make that a lot easier. Mr. Edmonson explained that he planted twenty-two (22)trees and redid the sidewalk and the curb 3 REGULAR MEETING Auizust 14, 2017 over the summer. He stated, The northeast alley abuts the Civil Rights Heritage Center to the north. When they redid that, they cut off the alley that actually went to Washington... We are hoping to talk to them about possibly having pedestrian access from our neighborhood, there. So, we're going to keep this alley as a pedestrian walkway. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. Those from the public wishing to speak in favor of this bill: Maurice McGee, 3525 South Michigan Street, South Bend, IN, urged the Council to grant the alley vacation because Mr. Edmonson is helping to bring the community together and is allowing children to access the park without crossing the alley, which Mr. McGee, echoing Mr. Edmonson, stated has not been maintained by the City. He stated that another reason the alley should be vacated is that his five (5) year-old son and other children still live near the alley. Alan Larkin, 1016 West Washington Street, South Bend, IN, stated that the park has had a great impact on the neighborhood. Mr. Larkin stated that, encouraged by the transformative work that the Edmonsons have done in the neighborhood, he would help to build and maintain the neighborhood. He stated, I just think it's a great thing, and I hope you find favor with the proposal. Those wishing to speak in opposition to this bill: Neal Snyder, 1029 West Jefferson Boulevard, South Bend, IN, stated, We need that alley. If the City's not maintaining it, that's another issue. But if this becomes the personal private property of Karl, and adds on to his real estate collection on the street, and it doesn't benefit the City as a whole, then I strongly object to the alley and would like to urge the Council to leave it the way it is. Mr. Snyder stated that sixteen(16) neighbors disagreed with the vacation of the alley and signed a statement of objection. Mr. Snyder also mentioned that barring vehicles from accessing the alley would add ninety (90) miles per year to his work commute as it would deny him a shortcut. Megan Edmonson, wife of Karl Edmonson, 1102 West Jefferson Boulevard, South Bend, IN, approached the podium to give a rebuttal. Mrs. Edmonson stated that she is dismayed by the news that sixteen (16)residents of the neighborhood were in disagreement with the alley vacation. She stated that she and her husband sent notifications to twenty-eight(28)properties within a one-hundred and fifty (150) foot radius and received enthusiastic responses from those residents. She stated that she hoped to be able to see the signed names of those who objected to the petition's approval. Councilmember Oliver Davis asked for clarification regarding where Mr. Snyder lived in relation to the alley in question. Mrs. Edmonson pointed out on a map where Mr. Snyder's residence is, stating that it is actually outside of the one-hundred and fifty(150) foot radius within which notifications were sent, adding that Mr. Snyder would not actually have to go too far out of his way to get out of the neighborhood, should the alley be vacated. Councilmember Karen White made a motion to send Bill No. 45-17 to the full Council. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. 46-17 PUBLIC HEARING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13, ARTICLE 5, SECTION 13-75.5 OF THE SOUTH BEND MUNICIPAL CODE TO ADD DEALING IN A SYNTHETIC DRUG LOOKALIKE SUBSTANCE TO THE LIST OF PROHIBITED ACTIVITIES CONSTITUTING A DISORDERLY HOUSE 4 REGULAR MEETING August 14, 2017 Councilmember Dr. David Varner, Chair of the Health and Public Safety Committee, reported that they accepted Substitute Bill No. 46-17 for consideration and gave a favorable recommendation, and that there is a second substitute that must be acted upon. Councilmember Oliver Davis made a motion to accept the second version of Substitute Bill No. 46-17. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of eight(8) ayes. Councilmember Karen White, 1912 Malvern Way, South Bend, IN, as well as Councilmember Tim Scott, 711 Forest Avenue, South Bend, IN, served as the presenters of this bill. Councilmember White stated, Councilmembers Scott and myself are happy to bring before the Council the second substitute bill that deals with synthetic drugs. We'd like to say that on January 15th, 2017, a number of City employees and others witnessed the impact of synthetic drugs on three (3) young men, at that time. It was the Chief of Police who actually met with the South Bend Democratic Coalition, and they will be part of the presentation, as well, to really bring to attention the impact of this very serious public safety issue within our community. From there, a number of community organizations and social service agencies really came together to talk about how we, as a City, can respond to this particular issue within our City. Councilmember White listed as vital to the construction of this proposal: Police Chief Scott Ruszkowski, Kim Green-Reeves of Beacon Health System, and Robert Smith. Likewise, there was a press conference that was held during the month of February that began to pull together, not only community leaders, but others to come together collectively and address this issue. This shows that when individuals do come together and we have a common purpose, we can bring about some change to really begin to address this issue. Likewise, from the Mayor's Office, we have Shay Davis, Cherri Peate, and our own City Clerk, Kareemah Fowler, who has been with us every step of the way. Councilmember Tim Scott stated that synthetic drugs are devastating to the South Bend community. Councilmember Scott stated, We've seen people from elementary school age all the way up to seventy-eight (78) year-olds being affected by this and being in the emergency room. He thanked Council Attorney Bob Palmer, City Attorney Aladean DeRose, and Police Chief Scott Ruszkowski for their contribution to the language of the bill, stating that it was difficult to construct. Councilmember Scott explained that it was difficult because the bill had to combat the makers of these drugs who try to take advantage of legal loopholes by changing the makeup of the marijuana lookalike. He explained that this bill is adding to the Disorderly House ordinance, which covers individuals selling synthetics as well as businesses. On top of being a criminal issue, it is a civic issue with fines ranging from$250 to $2,500. Councilmember Scott stated, What I'd really like to see is the $2,500 that we have in there. That's the most the City can impose, according to State law. I hope that's sending a message to the commercial entities that are out there that are going to try to promote and sell this. Scott Ruszkowski, Chief of the South Bend Police Department, 701 West Sample Street, South Bend, IN, stated that education and awareness are what the Police Department must be broadcasting on this issue. Chief Ruszkowski also emphasized voluntary compliance, stating that the majority of sellers use "munchie marts" as storefronts. Chief Ruszkowski stated that there is a civil penalty in place to punish a synthetic drug sellers without immediately putting them through a court process, but that should they continue after being fined,they would then deal with the criminal justice system. He urged the Council to pass the bill because it would help the men and women in the Police and Fire Departments who deal with victims of these synthetic drugs daily. Kimberly Green-Reeves, Beacon Health System, 50555 Galaxy Drive, Granger, IN, stated, We have what is called a"Community Health Needs Assessment"that we conduct every three (3) years. The community members fill this out, we have secondary data that we attribute to the overall priority areas; and then, also, key informants—so those that work closely with community members in various capacities. Citing Beacon Health System records of first diagnoses made at the Memorial Hospital Emergency Room, Ms. Green-Reeves stated there had been nine-hundred and eighty-one (981) visits to the ER in 2016: out of that number, three- hundred and ninety-eight(398) were identified as "abuse;"twenty-eight (28) were identified as "dependents;"many were"unspecified;" five-hundred and thirty-eight(538) were male, while 5 REGULAR MEETING August 14, 2017 I four-hundred and forty-three (443) were female; five-hundred and twenty-five (525) were white, li three-hundred and seventy-seven (377) were black, forty-five (45) were Hispanic, twenty (20 ) were listed as "other,"while fourteen (14) were listed as "unknown;" one-hundred and sixty- eight (168) fell into the age range of thirteen (13) to nineteen (19),three-hundred and eighteen (3 18) fell into the age range of twenty (20) to twenty-nine (29), one-hundred and eighty (180) fell into the age range of thirty (30) to thirty-nine (39), one-hundred and twenty-nine (129) fell into the age range of forty (40)to forty-nine (49), one-hundred and eighty-six (186) fell into the age range of fifty (50) and over. Ms. Green-Reeves stated, It is our main goal to take this data and make informed decisions, moving forward. I truly believe that having the ordinance will help us address the emergent needs in the community at this time. Robert Smith, Martin Luther King, Jr. Senior Men's Club, 1226 Linden Avenue, South Bend, IN, stated that young people are being preyed upon by sellers of synthetic drugs. Mr. Smith explained that kids who take the drug come to the King Center in either a hyperactive state or a "comatose-like" state and that they, as a result, cannot be placed in activities with the other kids. Mr. Smith stated that this ordinance will be a powerful tool in stopping the sales of this drug to minors, who do not understand the effects of this drug. Councilmember Karen White thanked everyone who presented, as well as those who contributed to the bill and intend to speak in favor of it. Councilmember White urged the Council to vote in favor of the bill. Councilmember Oliver Davis asked, To just clarify again: the strength of—somebody wants to challenge and say, you know—when you enforce this rule, what would be the strength of the legality regarding the strength of the ordinance? Chief Ruszkowski responded, That would be something more for an attorney to weigh-in on, however, this is a civil component as opposed to a criminal component. Obviously,the necessity for having the criteria for one (1) over the other is a little bit less when it comes to civil, however, I can tell you at the Police Department we will still operate on a minimum of reasonable suspicion and emphatically on probable cause, or higher. So, that's what we'll do. Even with that—take the same thing that we'd use for essentially the criminal component. So, if the Fire Department, for example, were to be on a run and noticed something that didn't seem right concerning the synthetics, they would notify us. That's a good faith belief that they believe that this place is selling or distributing these items that are obviously harmful and dangerous to our community, notify us, and we'll be able to intervene. Whether it's a permit, whether it's a perimeter search or a search warrant. There is a draft form that we're all working on, especially in the Council and committee—working on a promise to keep our community safe. There is no title to it Synthetic Drug Community Protection Agreement: that's kind of lengthy and wordy. Hopefully, with your expertise on the Council, you can come up with something a lot more abbreviated than that that makes sense, but essentially what it is, is a bullet point promising that you are not going to distribute this harmful stuff—that nobody really knows what's contained in there—to our community, from ages thirteen (13) to fifty (5 0)plus. We're working on that, now. That wouldn't probably fall right into the ordinance itself, but it's another measure of awareness and education that we can use and hold people accountable to promise that they're not going to do these things, and then we can take those other steps. Councilmember Tim Scott stated, This falls under the Disorderly House ordinance where either Code or Police—anybody who would see any type of violation to this could issue that kind of ticket or violation—it would be investigated. This being the time heretofore set for the Public Hearing on the above bill,proponents and opponents were given an opportunity to be heard. Those from the public wishing to speak in favor of this bill: Debra Walker, 639 Diamond Avenue, South Bend, IN,thanked Chief Ruszkowski for helping to gather a group of people to work on this ordinance, and also thanked Councilmembers Karen White and Tim Scott. Ms. Walker stated, I was present the day that those young men became ill from that particular drug, and I feel that your support is very much needed. 6 REGULAR MEETING August 14, 2017 Samuel Brown, 222 East Navarre Street, South Bend, IN, stated that, as leaders, it is up to the Council to hear the people. Mr. Brown stated that he hopes the Council will pass this bill. None from the public wished to speak in opposition to this bill. Councilmember Randy Kelly made a motion to send the second version of Substitute Bill No. 46- 17 to the full Council. Councilmember Regina Williams-Preston seconded the motion which carried by a voice vote of eight(8) ayes. RISE AND REPORT Councilmember Oliver Davis made a motion to rise and report to full Council. Councilmember Karen White seconded the motion which carried by a voice vote of eight(8) ayes. 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 7:55 p.m. Council President Tim Scott presided with eight(8) members present BILLS —THIRD READING BILL NO. 45-17 THIRD READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE FIRST NORTH/SOUTH ALLEY WEST OF LAUREL STREET RUNNING SOUTH FROM JEFFERSON BLVD. TO FIRST EAST/WEST ALLEY, AND NORTH FROM JEFFERSON BLVD. TO FIRST EAST/WEST ALLEY Councilmember Gavin Ferlic made a motion to pass Bill No. 45-17. Councilmember Karen White seconded the motion which carried by a roll call vote of eight(8) ayes. 46-17 THIRD READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA AMENDING CHAPTER 13, ARTICLE 5, SECTION 13-75.5 OF THE SOUTH BEND MUNICIPAL CODE TO ADD DEALING IN A SYNTHETIC DRUG LOOKALIKE SUBSTANCE TO THE LIST OF PROHIBITED ACTIVITIES CONSTITUTING A DISORDERLY HOUSE Councilmember Gavin Ferlic made a motion to accept the second version of Substitute Bill No. 46-17. Councilmember Oliver Davis seconded the motion which carried by a voice vote of eight (8) ayes. I Councilmember Gavin Ferlic made a motion to pass the second version of Substitute Bill No. 46- 17. Councilmember Oliver Davis seconded the motion which carried by a roll call vote of eight (8) ayes. RESOLUTIONS No resolutions were scheduled for this meeting's consideration. 7 REGULAR MEETING August 14, 2017 BILLS FIRST READING BILL NO. 47-17 FIRST READING ON AN ORDINANCE TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE SOUTHERN PORTION OF THE NORTH/SOUTH STREET EAST 213 FEET OF EAST RIGHT OF WAY OF SOUTH TAYLOR ST. AND RUNNING SOUTH 250 FEET FROM SOUTH RIGHT OF WAY OF WEST WESTERN AVE, TO INCLUDE A PORTION RUNNING 34 FEET FROM WEST RIGHT OF WAY OF WILLIAM ST. TO SOUTH RIGHT OF WAY OF SOUTH WILLIAM ST. Councilmember John Voorde made a motion to send Bill No. 47-17 to the Public Works and Property Vacation Committee for Second and Third Reading on August 28th, 2017. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of eight (8) ayes. 48-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING A SECTION OF CHAPTER 2, ARTICLE 6 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO TAX ABATEMENTS Councilmember Dr. David Varner made a motion to send Bill No. 48-17 to the Community Investment Committee for Second and Third Reading on August 28th, 2017. Councilmember Karen White seconded the motion which carried by a voice vote of eight (8) ayes. 49-17 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF SOUTH BEND, INDIANA, AMENDING SECTION 4-51 OF CHAPTER 4, ARTICLE 4 OF THE SOUTH BEND MUNICIPAL CODE PERTAINING TO LICENSING AND REGULATION OF SCRAP METAL, JUNK DEALERS, VALUABLE METAL DEALERS AND RECYCLING OPERATIONS Councilmember John Voorde made a motion to send Bill No. 49-17 to the Personnel and Finance Committee for Second and Third Reading on August 28th, 2017. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of eight (8) ayes. UNFINISHED BUSINESS BOYD V. HISTORIC PRESERVATION APPEAL - COA 2017-0602A Councilmember Oliver Davis made the following motions: for a submission by the Historic Preservation Commission to file certified copies of the minutes of all documents on record regarding action taken by the staff and commission on the COA Application 2017-0602A; to establish 12 p.m. on Tuesday, August 27th, 2017 as their deadline for submission by the petitioner and his attorney for the evidentiary and administrative record; to establish 12 p.m. on Tuesday, September 25th, 2017 as the deadline for submission by the Historic Preservation Commission for legal counsel of evidentiary and administrative record; that on Monday, September 11th, 2017 at 7 p.m. the Council shall hear an appeal involving COA Application 8 REGULAR MEETING August 14, 2017 2017-0602A, Eric Boyd v. Historic Preservation Commission. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of seven(7) ayes. NEW BUSINESS There was no new business. PRIVILEGE OF THE FLOOR Sue Kesim, 4022 Kennedy Drive, South Bend, IN, stated that she does not condone the expenditure of a quarter of a million dollars to have installed the chandelier for the Phantom of the Opera production in South Bend. Ms. Kesim stated, I just want to say that, as a citizen,that does not match my values. I think there's a lot of other things we can spend $268,044.74 on. So, when you're doing the budget I hope that you keep in mind values that pertain to all citizens, not just to you. Samuel Brown, 222 East Navarre Street, South Bend, IN, stated that criticism made toward Mayor Pete Buttigieg by a member of the Police Department—which stated that the Mayor does not support the Police Department—was unfounded. Mr. Brown stated, I support our Mayor. He has a very difficult job. I think this could have been done in a more classy way. I don't think our Mayor deserved this. Charles Bush, 1778 Prairie Avenue, South Bend, IN, stated that he has, on three (3) occasions, brought to the attention of Councilmember Oliver Davis the need to repave a street in his neighborhood.Nothing has been done since. Mr. Bush stated that he wanted to bring this forward to At-Large Councilmembers to see if progress can be made. Pat Matthews, 52127 Fall Creek Drive, Granger, IN, stated that he is the manager of MAJCM, LLC. Mr. Matthews stated, I am here to give you an update on the Echoes development, located on the 1200 block of North Ironwood. Mr. Matthews explained that the original proposal was tabled by the Council in May, and he and his parry were asked to return with a better proposal. He stated, I'm here tonight to correct some of the misinformation that suggests that we were not good neighbors, or that we have been disrespectful to the Council. Mr. Matthews stated that MAJCM attempted to join the neighborhood group and asked if they could be included in their email list. The request was denied. He stated that demolition has taken place on the property and that part of that process was the removal of trees from the property. He stated that though neighbors have been negatively pointing out the removal of these trees, this is a typical part of this process. Mr. Matthews stated, It is true that the number of the units has increased, however, what hasn't been mentioned in some of the news articles is that we've also purchased positional property since we had our meeting in May. So, that allowed us to do that. In summary, I personally have regular communication with the neighbors through their designated point person. The communication has been consistent and comfortable, I think. Sharon Banicki, 3822 Ford Street, South Bend, IN, stated that she is disappointed that the Mayor turned down the $10,000 request to "put the homeless to work in the parks." Ms. Banicki stated, I hope that at budget time, none of the elected officials or appointed department heads have the audacity to ask for a$10,000 raise when that money could be better spent on the citizens who need it more than those who don't. Ms. Banicki then recounted a story of a female resident who had a problem house and had contacted the City to help her resolve the issue. The resident heard nothing for some time, but after making little progress on her house, the Police Department and Code Enforcement helped to clean up the property. Ms. Banicki stated, She couldn't be more pleased. Ms. Banicki thanked all those involved. Don Dumich, 2015 Peachtree Lane, South Bend, IN, quoting Jim Masters at the previous Council meeting, stated, "I know that the primary concern of the Council is the protection of the surrounding community."Mr. Dumich stated, If that is true, it gives me hope, because in two (2) weeks, we're going to be back in this room discussing a former church property. Mr. Dumich expressed shock at the fact that the developers at MAJCM would declare a church property with forty (40) years of history vacant, demolish it,then expect preferential treatment, a rezoning petition, and a"laundry list of variances." 9 REGULAR MEETING August 14, 2017 ADJOURNMENT There being no further business to come before the Council, President Tim Scott adjourned the meeting at 8:17 p.m. 10