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06-23-08 Common Council Minutes
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06-23-08 Common Council Minutes
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REGULAR MEETING JUNE 23, 2008 <br /> <br /> <br /> <br /> <br />quickly to be able to respond to needs as they come up rather than to be forced into <br />looking at two or three years down the road when that revenue could be generated. <br /> <br />Councilmember Varner stated that he would like to see a separate TIF District created for <br />this project. <br /> <br />Mr. Inks stated that he had one technical item to clear up that instead of 30 years, it <br />should read not greater than 30 years. He stated that he believes that current state <br />legislation limits new areas to 25 years, so any expansion would be limited to 25 years. <br /> <br />A Public Hearing was held on the Resolution at this time. <br /> <br />Ms. Kelly Havens stood up from her seat and questioned whether this Resolution was <br />properly advertised. <br /> <br />Kathleen Cekanski-Farrand, Council Attorney, asked Ms. Havens that if she has any <br />further questions or comments that she do so from the podium. She stated that one of the <br />attachments that the Council is looking at states that there was proper advertisement for <br />the public hearing that would take place before the Redevelopment Commission on June <br />25, 2008. The City Council did not have to do any special publication as is set forth on <br />the separate page of the Resolution and is one of the attachments. They have gone <br />through the normal procedures when a Resolution is filed. <br /> <br />Ms. Havens asked if it was the legal opinion that the City Council can vote to expand a <br />TIF district without legally advertising a public hearing. <br /> <br />Ms. Cekanski-Farrand stated that the process that has taken place to date is correct. She <br />reiterated that the Redevelopment Commission as sited in their exhibit, states that there <br />were two publications in the Tri-County News and also the South Bend Tribune that took <br />place on June 13, 2008 with regard to public hearing that they will be holding on June 25, <br />2008. <br /> <br />Ms. Havens stated that it is her understanding that final approval is not in the hands of the <br />Redevelopment Commission but in the hands of this Council. She stated that if they are <br />going to do final approval tonight prior to the holding of the public hearing, don’t you <br />think that is in fact going to be an illegal vote. <br /> <br />Ms. Cekanski-Farrand stated no, again all of the documents that are referenced in the <br />Resolution before the Council looks to be in order with regard to the legal advertising. <br /> <br />Ms. Havens stated that the final analysis the vote that would be held tonight would be <br />prior to a public hearing. She reminded the Council that in the past when a Council has <br />held a vote without proper legal notice of a public hearing, it has in fact had to declare <br />that vote null and void after considerable expense and that there are same parties that do <br />intend to legally challenge any votes so taken without a legal. <br /> <br />Ms. Cekanski-Farrand stated that President Rouse will be calling upon those to speak in <br />favor and to speak in opposition. She noted that there are several individuals who wish to <br />speak on both sides present tonight. <br /> <br />Ms. Havens stated as long as the Council is aware that a hearing held without proper <br />legal notification can be subsequently be declared null and void and so can any vote <br />taken based upon it. <br /> <br />The following individuals spoke in favor of this bill. <br /> <br />Mr. Don Scheffmeyer, 300 S. St. Louis Blvd., South Bend, Indiana, advised that this is a <br />rare occasion for him to be in favor. He stated that he usually is in opposition of anything <br />that the City is planning to do. As an owner of commercial property in South Bend and <br />an admirer of Holladay and what they have and are trying to do for South Bend at <br />Portage Prairie, he reminded the Council that if the folks over in Mishawaka had taken <br /> 27 <br /> <br />
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