04-22-02 Council Meeting Minutes

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