05/14/07 Council Meeting Minutes

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REGULAR MEETING MAY 14, 2007 put into the downtown project courtesy of the Redevelopment Department. And just like Mr. Gilot stated that for every rule there is an exception, and what the Council will be faced with in the future is everyone will have a good exception. He will not argue that this is not a good exception however, he will argue that the basis of this exception is with regard to the timeliness of the filling and pulling of the permits did not comply with the standards. Councilmember Varner stated that it looks like even with the $400,000 support, 95% of the project will still be eligible and he expects that he will see that request at a later date. He stated that if this is adopted, the Council will face waiver after waiver request and petitioners will have no regard for the standards. Councihnember Varner stated that he will be voting against the adoption of this bill. Councilmember Kirsits stated that he does not want to send the message to future business that want to locate in South Bend, that the Council does not want to do business with them. He stated that this was an issue with two other law firms Tuesley & Hall and Konopa. Hopefully future petitioners will get the message, however at this time, he believes that this is a big project for downtown South Bend and is in favor of allowing the waiver. Councilmember Puzzello stated that she is very much in favor of this project. She stated that she is delighted that Baker and Daniels is staying in South Bend. She is willing to vote in favor of this resolution contingent upon the letter from Mr. Hill explaining the hardship need for a waiver. Councilmember Rouse stated that they have received an outstanding evaluation in Community & Economic Development by the Director. He pointed out that this is the time that the Council can look at lessons learned. This is a very important project to downtown South Bend. The principals have pointed out some things that should not have happened, but they did happen. Councihnember Rouse stated that he would like to receive that information proactively as lessons learned and avoid these types of delays or errors or things that require waivers in the future. The Council needs to embrace the spirit of this project. Councihnember Rouse stated that he would be voting in favor of this resolution. There was no one else present wishing to speak in favor of this bill and there was no one present wishing to speak in opposition to this bill. Mr. Hill stated that he would have the letter explaining the hardship need for a waiver prior to the end of this week. Kathleen Cekanski-Farrand stated that the question was that whether Mr. Hill would like to tender the documents that he referenced in his statement earlier this evening. Mr. Hill stated that he is filing with the CityClerk the construction schedule that he referred to earlier this evening and also a letter verifying Baker and Daniels lease termination date. Mr. Hill stated that he will supplement this with additional information in the letter that is requested. Kathleen Cekanski-Farrand stated that for the record based on Councihnember Puzzello's request, she gave copies of the two law firms that were mentioned earlier this evening as a guideline for Mr. Hill to follow, since the burden of proof is on the petitioner. Councilmember White made a motion to adopt this Resolution, contingent upon the letter from Mr. Hill explaining the hardship need for the waiver. Councilmember Pfeifer seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes and one (1) nay (Councihnember Varner). BILL NO. 07-71 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATION LICENSES FOR CALENDAR 25