06-23-08 Common Council Minutes - Laserfiche WebLink

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