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REGULAR MEETING December 12, 2016 don't know how you can fit a grocery store and pharmacy into three (3) separate buildings. He pointed out that the request for amenities dictates a fairly large footprint. He argued that large buildings are the kind of thing that put towns on the map. He contrasted reaction to the height of the proposed project to lack of reaction to the twelve (12) story tall Karl King Tower on Lincoln Way East, stating that residents drive by it every day and do not give it a second thought. He concluded that the PUD was a good opportunity for the City: little upfront cash from the City would give the City money for other development. Councilmember Gavin Ferlic stated that PUD's must be evaluated according to rational criteria. He argued that the project fit within the character of the neighborhood, that it was a desired use, that density would increase commercial value— therefore, a grocery store and pharmacy would increase property values for residential properties. He stated that ninety -five percent (95 %) of the proposed project fits the plan, and that only the height does not fit. He stated that the City has powerful momentum —that the City has found a way to say yes and that its reputation has improved as a result. He contrasted this with a failure to acquire University Park Mall, WSBT, and May Oberfell Lorber —all caused by the desire to fit the projects too perfectly to plans. He stated that there were lost opportunities and lost jobs, and that lives were negatively impacted by these failures. The majority of people, he stated, support the project. He listed among those people the Neighborhood Association, the River Race Flats Homeowners Association, and the East Bank Homeowners Association. He added that a reasonable attorney can say that this is an appropriate project, as can a reasonable layperson. He concluded that saying yes has done the City good. Councilmember Oliver Davis began by clarifying that the May Oberfell Lorber decision did not come before Council and was, in fact, an administrative decision. He was thankful for the extension of the discussion of the PUD, stating that he felt there was an attempt to squash this discussion. Any less time, he argued, would mean that Council could not make a sound decision. He stated that this gave Council the chance to carefully review plans and examine the very need for reviewing them. He stated that there were gaps in these plans. He stated that this discussion exposed the fact that the City was unable to keep the promise it made in the East Bank Plan of 2008 to build garages by 2016. He stated that the City has a responsibility to honor promises made in plans. He further stated that the Council should know that there is not City money in- place ahead of time. He asked how the City could expect developers to honor their promises if the City could not itself do so. He argued that it was not fair to Dave Matthews, and that the City should be capable of being creative so as to fund these projects. He explained that he voted to raise taxes in 2008 to help ensure that funding would be at a level that could prevent South Bend residents from being impacted by what was going on in the State. He stated to Councilmember Ferlic that that was why Council has been able to say yes for the past eight (8) years. He stated that he was shocked that the City's financial experts did not plan such that higher taxes would lead to more robust funding. He concluded that the project's height should be set at sixty -seven (67) feet, and that the City should pay for the garage. Councilmember John Voorde stated that this process belonged in front of the Council. He declared that he would be voting against the bill because the height of one - hundred and seventy - five (175) feet was too high for that area. He stated, though, that an argument could be made that the Island between the race and the river is considered distinct from what is east of the race to Niles Avenue. He stated that the garage was key. He explained that the PUD is a tool for expediting development and that the PUD process was a public one. He argued that plans —being good guideposts —were better when they included stakeholders in the plan - writing process than when they were paid for. He stated that economic realities must be considered: the lack of development in the East Bank was not anyone's fault, but rather the result of the Great Recession. He concluded that, with the help of experts, a better compromise could be arrived at regarding the PUD. Councilmember Tim Scott stated that it was a travesty that the process had gone on for so long. He stated that there would be talks with DCI and the Mayor's Office. He stated that after eight (8) years, nothing has come out of the East Bank Plan. Part of the problem, he explained, was that he did not see the east and west of the river as distinct but the plan did. He stated that though there existed a general urge to change South Bend, there has often been a buck against change 25