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04-22-02 Council Meeting Minutes
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04-22-02 Council Meeting Minutes
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City Council - City Clerk
City Council - Document Type
Council Mtg Minutes
City Counci - Date
4/22/2002
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REGULAR MEETING <br />APRIL 22, 2002 <br />L. By the time the Petitioner learned that the Property was located within the <br />East Bank Development Area and that the rehabilitation of the Property qualified for <br />tax abatement, in late January of 2002, the rehabilitation of the Property nevertheless <br />had to be expedited to assure that the second floor tenant, Konopa, Reagan& Kenyon, <br />would have office space available no later than April 30, 2002, when its existing <br />lease for other office space located within the City of South Bend will expire; <br />M. At all times throughout these proceedings, the Petitioner has acted in <br />good faith, has promptly cooperated with all requests of the Common Council and <br />the South Bend Department of Community and Economic Development, and has <br />made every effort to comply, to the best of its ability, with the requirements of law <br />and the policies of the Common Council. <br />N. Because of the unusual and adverse circumstances described herein, the <br />Petitioner was forced by the exigencies of the situation to proceed with rehabilitation <br />of the Property without first receiving adoption of a declaratory resolution by the <br />Common Council. <br />SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that <br />compelling reasons exist to waive noncompliance by the Petitioner with certain conditions precedent <br />to rehabilitation of the Property, in accordance with Indiana Code section 6 -1.1- 12.1 -11.3. <br />SECTION III. The Common Council hereby waives such noncompliance, for the purpose of <br />permitting the Council to proceed with consideration of the Petition on its merits. <br />SECTION IV. This Resolution shall be in full force and effect from and after its adoption by the <br />Common Council and approval by the Mayor. <br />s /Karen White <br />Member of the Common Council <br />Councilmember Coleman made motion to consider the substitute version of this bill. <br />Councilmember Pfeifer seconded the motion which carried by a voice vote of eight (8) ayes. <br />Councilmember King reported that the Community and Economic Development Committee <br />conducted a Public Hearing on this bill and sends it to the full Council with a unanimous favorable <br />recommendation. <br />Mr. Thomas J. Hall, 1323 Fairfax Drive, South Bend, Indiana, in his dual capacity as a partner of <br />Tuesley & Hall, a law firm currently at 340 Columbia Place, and as a Manager of SBL Building Co., <br />LLC and Ms. Sean Kenyon, 4113 2A Irish Hills Drive, as a shareholder of the law firm of Konopa, <br />Reagan & Kenyon and as a member of SBL Building Company, made the presentation for this <br />Resolution. <br />Mr. Hall stated that they request support of this Resolution waiving conditions precedent that arose <br />as a result of some misunderstandings concerning the timing of the filings. He noted that they have <br />both been long term central business district tenants and wish to remain so. The time frame involved <br />was somewhat exigent and the product of the expiration of some leases. <br />Ms. Kenyon stated that the lease for Konopa, Reagan and Kenyon, at its current location at 221 <br />West Wayne Street, was due to expire at the end of February. They were able to get an extension <br />through the end of April and that dictated the schedule for the architect and renovators. It has <br />created a problem in terms of what they are able to get done in time for them to move to assure that <br />they have office space available on May 1 st. <br />-14- <br />
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