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REGULAR MEETING December 12, 2016
<br />projects'that will get us into a more niche kind of environment. It's pretty simple: when you
<br />shrink a business model like this down to this degree, you have to be very careful with resources.
<br />Our industry is something less than two percent (2 %) net profit before taxes since the Recession.
<br />That has not changed. That means that we have to be careful stewards of what we're doing, but
<br />we also understand how to adapt, and we are learning a great deal from the things that we are
<br />doing.
<br />Councilmember Dr. Varner asked Interim Council Attorney Aladean De Rose if, in the case of
<br />this bill passing and Council modifying the proposal, this process would be the equivalent of an
<br />offer - counteroffer whereby, as modified, it would then return for negotiations.
<br />Interim Council Attorney De Rose responded, If it's modified and the modification is accepted, it
<br />is in writing. It becomes a part of it.
<br />Councilmember Dr. Varner responded, But it can also lead to an offer - counteroffer
<br />circumstance —or not.
<br />Interim Council Attorney De Rose responded, Or not.
<br />Councilmember Dr. Varner asked, Depending on how it's written?
<br />Interim Council Attorney De Rose responded, Depends on how it's written. If it's written as a
<br />commitment, then the commitment is saved, and that commitment is adopted as a substitute with
<br />an amendment motion.
<br />Councilmember Dr. Varner stated, What I would like to find is a resolution this evening, if we
<br />can, on a continuation of a continuation of a continuation. So, would you help us if we need
<br />specific language to accomplish that?
<br />Interim Council Attorney De Rose confirmed that she could.
<br />Councilmember Ferlic, addressing Marcellus Lebbin, stated, Some on the Council and other
<br />individuals have argued that the ABZA is the appropriate body to hear a request like this. Why,
<br />in your opinion, is the Council the appropriate body to hear a consideration like this?
<br />Marcellus Lebbin, 4100 Edison Lakes Parkway, Mishawaka, IN, responded, Under Indiana law,
<br />you are the zoning authority for the City of South Bend. The ABZA is a board with appointees
<br />from the City of Mishawaka, the County, and the City of South Bend. If all of your zoning
<br />requests like this were to run through the ABZA, you would essentially be giving veto power to
<br />the County and City of Mishawaka, which is obviously not something you want. The way the
<br />system is currently set up, if something runs through the ABZA and gets denied, it comes to you
<br />and you can overrule the denial. You are the ultimate zoning authority. You have the ability to
<br />go forth and approve PUDs. Projects of this magnitude, of this scale are what the PUD statute
<br />was intended for when it was written by the State. That is why we are here today.
<br />Councilmember Ferlic, addressing Dave Matthews, requested that Mr. Matthews talk about his
<br />process moving forward, if this successfully passes. He also asked him if there was a
<br />commitment to attempting to acquire other portions of the parcel, to work with the neighbors to
<br />potentially reduce the overall height.
<br />Dave Matthews, 215 E. Colfax Ave., South Bend, IN, stated that Matthews LLC does the
<br />development that they do because they love South Bend. Mr. Matthews stated, We are trying to
<br />make the City better. We are trying to do what's right for the neighborhood. This is our home —
<br />this is the place we care about. I think if you look at our past buildings, they show that we care
<br />about the neighbors. There are requests from some of the neighbors to make the building shorter.
<br />We have worked with experts hired by the City from Washington D.C., we have in -house
<br />designers, we have consultants that we use outside of our company to try and figure out the best
<br />way to move forward. But we have to design within the land we own. Now, there are discussions
<br />about me buying more property on the block —it hasn't happened yet. If it does happen, then
<br />yeah, I'm definitely willing to talk and say that we come back and revisit the design and say that
<br />we don't have to build it so tall, we can build next door. And if I do buy that land, I'm happy to
<br />work with the City and say, "Hey, this additional parcel is in play. Here's what we are thinking,
<br />instead. What do you guys think? How do we move forward ?" But, there's a lot of uncertainty
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