10-22-18 Council Minutes - Laserfiche WebLink

Home Browse Search

REGULAR MEETING October 22, 2018 Councilmember Jake Teshka then asked, And again, just to make clear and public, per the agreement if this does not happen, the City will pay the property owner $4,200 per month for a maximum of forty-eight (48) months? Ms. Meyer confirmed, That is correct. Councilmember Jake Teshka followed up, So it is in everybody's best interest that this be rezoned back? Ms. Meyer stated, That is correct. Councilmember Oliver Davis stated, I didn't see, in this agreement the April 15th date here. Ms. Meyer replied, It is not in this particular agreement. That date is in the lease agreement between Hope Ministries and the property owner. But quite frankly, my assumption was that we would start that process even before the end of the lease period because it does take a matter of time between the two (2) bodies to do this process. Councilmember Oliver Davis requested a copy of the lease agreement. Councilmember Karen White stated, So what we have before us in terms of Weather Amnesty is a temporary response until we look further and this will get us through the winter months. Councilmember Oliver Davis asked, In terms of the facilities and since that was a warehouse, for those who are needing to take showers or whatever, will they have to do that at the other locations or will they do that there? Mr. Vanderveen replied, We have never provided shower facilities asart of Weather Amnesty Y services so that won't be any different than it has been in years past. There are restroom facilities but no shower facilities. Councilmember Jo M. Broden stated, With regard to the agreement to rezone, item number one (1), that paragraph has two (2) sentences. One (1) is a duty to petition the Area Plan Commission and the Common Council which is well within their rights. The second (2n1) sentence there states the City shall further take any and all necessary steps to ensure that the property is rezoned LI, Light Industrial at the expiration of the lease. What is the definition of ensure? Make certain that? Shall occur? To me, that seems like the Department of Community Investment is overstepping or promising a right that it does not have in a legal agreement. Ms. Meyer stated, I can tell you that this legal agreement was reviewed by attorneys and certainly our City legal team. I don't think that is the intention. The intention was that we will work by communicating with Council Members and the Area Plan Commission staff. That is my interpretation of what that means. I don't think that was the intention. Councilmember Jo M. Broden stated, I'm not talking about intention, I'm just actually looking at the wording of the agreement. James Mueller, Executive Director of the Department of Community Investment with offices located on the 14th floor of the County-City Building, South Bend,IN, stated, This agreement went through multiple iterations with our Legal Department. The reason this exists is because we can't ensure the rezoning will happen as that is a Council authority. So this is that we are ensuring we will do everything we can, all necessary and able actions, to ensure it happens. And, because we entered into that agreement, that is why the payment penalties will go into effect. Councilmember Jo M. Broden stated, I understand the leverage. That is smart and I don't have any problem with your stated intent. I do think a practical reading, or even a legal reading, of that second(2nd) sentence in that paragraph goes beyond your capacity within your office. I understand your role in the petition as part of the process and I understand ours, but I think that goes beyond. My last piece on this is, has our Attorney looked at this? Bob Palmer, Council Attorney with offices on the 4th floor of the County-City Building, South Bend, IN, stated, I received this following the Committee meetings. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. 6