HomeMy WebLinkAbout08-01-03 Redevelopment Commission MinutesA
SOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING
August 1, 2003
10:00 a.m.
Presiding: Robert W. Hunt, President
1. ROLL CALL
Members Present:
Member Absent:
Legal Counsel:
227 West Jefferson Boulevard
South Bend, Indiana
Mr. Robert W. Hunt, President
Ms. Marcia Jones, Vice - President
Mr. Philip J. Faccenda, Secretary
Mr. Hardie Blake, Jr.
Mr. Matt Kahn
Ms. Cheryl Greene, Esq.
Redevelopment Staff: Mr. Owen Rock, Assistant Director
Ms. Pamela Morris, Recording Secretary
Mr. Bob Case, Senior Economic Development Planner
Mr. Tim Williams, Economic Development Specialist
Mr. Andy Laurent, Economic Development Specialist
Mr. Mike Beitzinger, Assistant Director, Econ Development
Others Present: Mr. Emmett McNease, Witmer McNease Music Store
Mr. Mark Witucki, Mann +Hummel USA, Inc.
Mr. Earl Hoff, Federal -Mogul Powertrain, Inc.
Mr. Rich Fox, Federal -Mogul Powertrain, Inc.
Ms. Pam Paluszewski, Legal Department
Mr. John Livingston, Legal Department
2. APPROVAL OF MINUTES
A. Commission approval of the Minutes of the
Regular Meeting of June 20, 2003.
Upon a motion by Mr. Faccenda, seconded by
Ms. Jones and unanimously carried, the
Commission approved the Minutes of the
Regular Meeting of June 20, 2003.
B. Commission approval of the Minutes of the
Rescheduled Regular Meeting of July 3, 2003.
1
COMMISSION APPROVED THE MINUTES OF THE
REGULAR MEETING OF .TUNE 20, 2003.
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South Bend Redevelopment Commission
Regular Meeting— August 1, 2003
2. APPROVAL OF MINUTES
B. continued...
Upon a motion by Mr. Faccenda, seconded by
Ms. Jones and unanimously carried, the
Commission approved the Minutes of the
Rescheduled Regular Meeting of July 3, 2003.
C. Commission approval of the Minutes of the
Regular Meeting of July 18, 2003.
Upon a motion by Mr. Faccenda, seconded by
Ms. Jones and unanimously carried, the
Commission approved the Minutes of the
Regular Meeting of July 18, 2003.
3. APPROVAL OF CLAIMS
COMMISSION APPROVED THE MINUTES OF THE
RESCHEDULED REGULAR MEETING OF JULY 3,
2003.
COMMISSION APPROVED THE MINUTES OF THE
REGULAR MEETING OF JULY 18, 2003.
Redevelopment Commission Claims submitted August 1, 2003 for approval.
212 CDBG COMMUNITY DEVELOPMENT
Andy Laurent
324 FUND
The Frame Factory
Club Car
414 SAMPLE -EWING
Baker General Maintenance.
Meridial Title (Meridian Title)
Plews Shadley Racher & Braun
420 SBCDA
Meridian Title
Lang, Feeney & Associates, Inc.
Cressy & Everett Management Corp.
Walker Parking Consultants
Lehman & Lehman, Inc.
$ 445.14
10.00
5,534.90
200.00
6,910.00
519.12
950.00
2,750.00
1,070.00
2,102.31
903.75
South Bend Redevelopment Commission
Regular Meeting— August 1, 2003
3. CLAIMS CONT.
FUND 424
Mikolajewski & Assocates, Inc.
931.56
$ 22,326.78
Ms. Greene noted for the record a misspelling on
the Claims list under 414 Sample- Ewing. The
claim for "Meridial Title" in the amount of
$6,910.00 should actually be "Meridian Title"
Corporation.
Upon a motion by Ms. Jones, seconded by
Mr. Faccenda and unanimously carried, the
Commission approved the Claims submitted
August 1, 2003, and ordered the checks to be
released.
4. COMMUNICATIONS
IL There were no Communications.
5. OLD BUSINESS
COMMISSION APPROVED THE CLAIMS SUBMITTED
AUGUST 1, 2003, AND ORDERED THE CHECKS TO
BE RELEASED.
THERE WERE NO COMMUNICATIONS.
c,
A. Request from the Emmett McNease
Revocable Living Trust to remove property
from the Commission's acquisition list for the
South Bend Central Development Area
pursuant to Resolution No. 1973.
Ms. Greene had reported at the Commission's
meeting of July 18, 2003 that she had received a
communication from Attorney Jim Masters who
represents the Emmett McNease Revocable
Living Trust, owner of property located at 418
and 424 -430 South Main Street. Mr. Masters, on
behalf of his client, is seeking to have the
McNease properties removed from the
Commission's acquisition list for the South
3
South Bend Redevelopment Commission
Regular Meeting— August 1, 2003
(4100, 5. OLD BUSINESS
A. continued...
Bend Central Development Area. The
Commission had added the McNease properties
to its acquisition list for the South Bend Central
Development Area by way of its Resolution No.
1973 adopted on June 6, 2003. At the time of
the adoption of Resolution No. 1973, Mr.
McNease filed a timely remonstrance which,
after receiving evidence and hearing testimony,
the Commission had overruled. In adopting
Resolution No. 1973, the Commission found
that the amendment to the Development Plan to
include these properties was reasonable and
appropriate, conformed to the comprehensive
plan and the Commission further recognized the
public benefit and utility of the proposed project
to redevelop the area. By mutual agreement of
the Commission and the property owner, the
Commission extended the time for Mr.
McNease to appeal the Commission's decision.
That time has nearly run and Mr. Masters, on
behalf of his client, requested that the
Commission reconsider its decision and instead,
remove the property from the Commission's
acquisition list. At the Commission's meeting
on July 18 ', the Commission referred this
matter to Staff to investigate and present a
report and recommendation at the next regularly
scheduled meeting. Staff is prepared to make its
report and recommendation to the Commission.
However, Mr. Masters advised Legal Counsel
that he had a hearing in court in Starke County
earlier today and anticipated that he would be
late for the meeting. Mr. Masters further advised
that he planned to be available by the end of the
meeting. Ms. Greene requested that Old
Business be moved to the end of the agenda to
give Mr. Masters sufficient time to travel from
c,
South Bend Redevelopment Commission
Regular Meeting— August 1, 2003
5. OLD BUSINESS
A. continued...
Knox to South Bend and permit him the
opportunity to be present when the Commission
considered this item.
There were no objections and the Commission
moved Old Business item 5.A. to the end of the
agenda.
6. NEW BUSINESS
A. Tax Abatements
(1) Commission approval requested for
Resolution No. 1989 approving an
application for personal property tax
deduction. (Mann +Hummel USA, Inc.)
Mr. Beitzinger reported that Mann +Hummel
USA, Inc. is a manufacturer of air intake
manifolds for General Motors. In order for
continued growth, new equipment is needed
to accommodate demand and increase
productivity. Proposed new equipment will
provide the South Bend facility with the
additional capacity to manufacture air intake
manifolds. It is estimated that this project
will create ten (10) new permanent jobs
within the first year, representing a new
annual payroll of $250,000, and will
maintain 130 existing permanent full time
jobs with an annual payroll of $4,420,000.
In addition to hiring ten (10) new
employees, local contractors will be used for
installation and start up. The total cost of
the project is estimated at $2.6 million.
L,
COMMISSION MOVED OLD BUSINESS ITEM 5.A.
TO THE END OF THE AGENDA.
South Bend Redevelopment Commission
Regular Meeting— August 1, 2003
6. NEW BUSINESS
A. Tax Abatements
(1) continued...
A review of the tax abatements previously
granted, finds that the petitioner has been
associated with or granted three (3) previous
personal property abatements.
The building commissioner has reviewed the
petition and finds the property to be properly
zoned for the proposed use.
A review of the South Bend Redevelopment
designation areas finds that the property is
located in the Airport Economic
Development Area, which is a Tax
Incremental Allocation Area; therefore, the
petition for personal property tax abatement
must first be approved by the South Bend
Redevelopment Commission.
The petitioner meets the qualifications for a
five (5) year personal property tax abatement
under the tax abatement ordinance.
Based on a total estimated equipment cost of
$2,600,000 the cost of the tax abatement is
as follows:
c.
Estimated taxes
over five (5) yrs.
Without abatement
$444,145
With 5 year abatement
$143,300
Estimated cost of five
(5) year abatement
$300,845
c.
South Bend Redevelopment Commission
Regular Meeting— August 1, 2003
6. NEW BUSINESS
A. Tax Abatements
(1) continued...
Upon a motion by Mr. Blake, seconded by
Mr. Faccenda and unanimously carried, the
Commission approved Resolution No. 1989
approving an application for personal
property tax deduction. (Mann +Hummel
USA, Inc.)
(2) Commission approval requested for
Resolution No. 1991 approving an
application for personal property tax
deduction. (Federal -Mogul Powertrain,
Inc.)
Mr. Beitzinger stated that the
Commissioners are no doubt familiar with
Federal -Mogul Powertrain, Inc. which has
had eleven (11) previous tax abatements
since 1986, of which the first two
abatements were granted by the St. Joseph
County Council. The petitioner is in
compliance with the reporting requirements
for all previous abatements.
Federal -Mogul South Bend is a
manufacturer of automotive pistons for
customers such as GM, Ford and Nissan.
The company began operations in South
Bend in 1987 and has seen steady growth
throughout its sixteen (16) years in our
community. For this project, the company is
proposing to purchase three new anodize
machines. Each machine will apply hard
anodizing to the top piston ring groove.
This is a new operation for the South Bend
facility and is becoming a standard for high
7
COMMISSION APPROVED RESOLUTION NO. 1989
APPROVING AN APPLICATION FOR PERSONAL
PROPERTY TAX DEDUCTION. (MANN +HUMMEL
USA, INC.)
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South Bend Redevelopment Commission
Regular Meeting— August 1, 2003
IL 6. NEW BUSINESS
A. Tax Abatements
(2) continued...
performance pistons. The total cost of the
new equipment is estimated at $4.45 million.
It is estimated that this project will create
twelve (12) new permanent jobs within the
first year, representing a new annual payroll
of $348,000, and will maintain 566 existing
permanent full time jobs with an annual
payroll of $23,700,000.
The building commissioner has reviewed the
petition and finds the property to be properly
zoned for the proposed use. A review of the
South Bend Redevelopment designation
areas finds that the property is located in the
Airport Economic Development Area, which
is a Tax Incremental Allocation Area;
therefore, the petition for personal property
tax abatement must first be approved by the
South Bend Redevelopment Commission.
The petitioner meets the qualifications for a
five (5) year personal property tax abatement
under the tax abatement ordinance.
Based on a total estimated equipment cost of
$4,448,000 the cost of the tax abatement is
as follows:
t8
Estimated taxes
over five (5) yrs.
Without abatement
$756,280
With 5 year abatement
$244,007
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South Bend Redevelopment Commission
Regular Meeting— August 1, 2003
6. NEW BUSINESS
A. Tax Abatements
(2) continued...
Estimated cost of five
(5) year abatement $512,273
Mr. Beitzinger introduced Mr. Earl Hoff,
Controller, and Mr. Rich Fox of Federal -
Mogul Powertrain, Inc.
Mr. Hoff advised the Commission that he
has been an employee of Federal -Mogul
since the day the plant opened, sixteen (16)
years ago. Mr. Hoff expressed his pleasure
at again being before the Commission to
request consideration for tax abatement.
IL Mr. Hoff then displayed an actual piston
manufactured by Federal -Mogul for the
Commission's examination. Federal -Mogul
currently ships 400,000 pistons per week;
approximately one quarter of the pistons
used in North America. Federal -Mogul is
also the largest piston company in the world.
Mr. Hunt inquired if very much of Federal -
Mogul's business was exported.
Mr. Hoff responded that, while
Federal -Mogul has shipped to Canada,
Mexico, Germany and the United Kingdom,
most of its business is conducted in North
America.
Upon a motion by Mr. Faccenda, seconded
by Ms. Jones and unanimously carried, the
Commission approved Resolution No. 1991
approving an application for personal
property tax deduction. (Federal -Mogul
Powertrain, Inc.)
9
COMMISSION APPROVED RESOLUTION NO. 1991
APPROVING AN APPLICATION FOR PERSONAL
PROPERTY TAX DEDUCTION. (FEDERAL -MOGUL
POWERTRAIN, INC.)
South Bend Redevelopment Commission
Regular Meeting— August 1, 2003
IL 6. NEW BUSINESS (CONT.)
B. Housing
(1) Commission approval requested for Loan
and Grant in connection with the South
Bend Home Improvement Loan Program
for property located at 242 E. Victoria
Street. (Mary Ann Quinn)
Mr. Rock advised that the loan is in the
amount of $2,500 and the grant is in the
amount of $7,500.
Upon a motion by Ms. Jones, seconded by
Mr. Blake and unanimously carried, the
Commission approved the Loan and Grant
in accordance with the South Bend Home
Improvement Loan Program for property
located at 242 E. Victoria Street. (Mary Ann
Quinn)
C. South Bend Central Development Area
There was no business in the South Bend
Central Development Area.
D. Sample -Ewing Development Area
(1) Commission authorization to submit real
property tax abatement petition on behalf
of Rose Fuel & Materials, Inc.
Mr. Laurent reported that staff was
requesting authorization to submit a real
property tax abatement petition on behalf of
Rose Fuel & Materials, Inc. Rose Fuel will
be constructing out - buildings in the Oliver
Industrial Park while the Commission still
owns the property, so it is necessary for the
Commission to submit the petition on behalf
10
COMMISSION APPROVED THE LOAN AND GRANT
IN ACCORDANCE WITH THE SOUTH BEND HOME
IMPROVEMENT LOAN PROGRAM FOR PROPERTY
LOCATED AT 242 E. VICTORIA STREET. (MARY
ANN QUINN)
THERE WAS NO BUSINESS IN THE SOUTH BEND
CENTRAL DEVELOPMENT AREA.
South Bend Redevelopment Commission
Regular Meeting— August 1, 2003
6. NEW BUSINESS
D. Sample -Ewing Development Area
(1) continued...
of Rose Fuel. The proposed investment for
the tax abatement is approximately
8,000 sq ft of new office space and
15,000 sq ft of maintenance and
warehousing space.
Upon a motion by Mr. Faccenda, seconded
by Ms. Jones and unanimously carried, the
Commission authorized submittal of a real
property tax abatement petition on behalf of
Rose Fuel & Materials, Inc.
E. Airport Economic Development Area
(1) Commission approval requested for an
Agreement Between the City of South
Bend, Indiana, Redevelopment
Commission, and Glick Leasing Company
concerning the construction of certain
right -of -way improvements. (Glick
Commerce Park)
Mr. Case reported that the agreement with
Glick Leasing Company involves
approximately twenty -seven (27) acres of
property situated in the City of South Bend,
Indiana, commonly known as the Park One
Northwest Subdivision in the Airport
Economic Development Area. The
agreement is for the construction of
600 linear feet of public right -of -way
improvements and the construction of all
other infrastructure improvements. The
proposed cost has been estimated at
$207,000.
11
COMMISSION AUTHORIZED SUBMITTAL OF A REAL
PROPERTY TAX ABATEMENT PETITION ON BEHALF
OF ROSE FUEL & MATERIALS, INC.
South Bend Redevelopment Commission
Regular Meeting— August 1, 2003
6. NEW BUSINESS
E. Airport Economic Development Area
(1) continued...
Upon a motion by Ms. Jones, seconded by
Mr. Blake and unanimously carried, the
Commission approved the Agreement
Between the City of South Bend, Indiana,
Redevelopment Commission, and Glick
Leasing Company concerning the
construction of certain right -of -way
improvements. (Glick Commerce Park)
(2) Staff report on acquisition of property
being annexed into the Airport Economic
Development Area. (23953 Brick Rd,
Gaby Property)
Mr. Williams reported that a Purchase Offer
IL was extended to Bob & Carolyn Gaby on
July 18, 2003 for $100,000 contingent upon
successful completion of the annexation
process and inclusion of said property into
the Airport Economic Development Area.
The Gaby's countered staff's offer with a
figure of $106,800. Staff recommends
accepting the counter offer. Ms. Greene
noted that this property is located outside of
the Airport Economic Development Area
and outside of the City of South Bend. This
property is being crowded out by
development in the AEDA. The property
owners are argreeable to the property being
purchased and understand that the
Commission cannot complete this
transaction unless or until the property is
annexed into the City and the AEDA has
been expanded to include this property.
12
COMMISSION APPROVED A REQUEST FOR AN
AGREEMENT BETWEEN THE CITY OF SOUTH
BEND, INDIANA, REDEVELOPMENT COMMISSION,
AND GLICK LEASING COMPANY CONCERNING
THE CONSTRUCTION OF CERTAIN RIGHT -OF -WAY
IMPROVEMENTS. ( GLICK COMMERCE PARK)
South Bend Redevelopment Commission
Regular Meeting— August 1, 2003
IL 6. NEW BUSINESS
E. Airport Economic Development Area
(2) continued...
Upon a motion by Mr. Faccenda, seconded
by Mr. Blake and unanimously carried, the
Commission accepted the counter offer of
$106,800 for property located at 23953
Brick Road, contingent on annexation and
inclusion into the Airport Economic
Development Area. (Gaby property)
F. South Bend Medical Services District
There was no business in the South Bend
Medical Services District.
G. West Washington- Chapin Development Area
There was no business in the West Washington -
Chapin Development Area.
H. South Side Development Area
(1) Filing of Resolution No. 1990 a resolution
of the South Bend Redevelopment
Commission modifying and confirming
Resolution No. 1955 designating the
South Side Economic Development
Project District, approving the South Side
Economic Development Project District
Development Plan as modified, and
determining to create an Economic
Development Project District for purposes
of Sales Tax Increment Financing and
setting a Public Hearing on Resolution
No. 1990 for Monday, August 11, 2003 at
10:00 a.m.
13
COMMISSION ACCEPTED THE COUNTER OFFER OF
$106,800 FOR PROPERTY LOCATED AT 23953
BRICK ROAD, CONTINGENT ON ANNEXATION AND
INCLUSION INTO THE AIRPORT ECONOMIC
DEVELOPMENT AREA. (GABY PROPERTY)
THERE WAS NO BUSINESS IN THE SOUTH BEND
MEDICAL SERVICES DISTRICT.
THERE WAS NO BUSINESS IN THE WEST
WASHINGTON -CHAPIN DEVELOPMENT AREA.
South Bend Redevelopment Commission
Regular Meeting— August 1, 2003
6. NEW BUSINESS
H. South Side Development Area
(1) continued...
It was noted by Ms. Greene that the Public
Hearing on Resolution No. 1990 will be held
in the Department of Community and
Economic Development, County -City
Building, 12`h Floor rather than the usual
meeting place due to the unavailability of
Room 1308.
Upon a motion by Ms. Jones, seconded by
Mr. Blake and unanimously carried, the
Commission accepted for filing Resolution
No. 1990 and set a public hearing on
Resolution No. 1990 for Monday,
August 11, 2003 at 10:00 a.m. at a
Rescheduled Regular Meeting of the
Redevelopment Commission.
I. Other
There was no Other business.
5. OLD BUSINESS (CONT.)
A. Request from the Emmett McNease
Revocable Living Trust to remove
property from the Commission's
acquisition list for the South Bend
Central Development Area pursuant to
Resolution No. 1973.
Mr. Hunt commented that the end of the
meeting was approaching and Attorney
Masters was not yet present to represent
Mr. McNease. Mr. Hunt informed
Mr. McNease of a Rescheduled Regular
14
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COMMISSION ACCEPTED FOR FILING RESOLUTION
No. 1990 AND SET A PUBLIC HEARING ON
RESOLUTION No. 1990 FOR MONDAY,
AUGUST H, 2003 AT 10:00 A.M. AT A
RESCHEDULED REGULAR MEETING OF THE
REDEVELOPMENT COMMISSION.
THERE WAS NO OTHER BUSINESS.
South Bend Redevelopment Commission
Regular Meeting— August 1, 2003
5. OLD BUSINESS
A. continued...
Commission Meeting being held Monday,
August 11, 2003 and inquired whether Mr.
McNease wished to wait until the next meeting
so that he could have his attorney present before
the Commission proceeds.
Ms. Greene also asked Mr. McNease whether he
would prefer that the Commission delay taking
any action on his request to remove property
from the acquisition list until such time as
Mr. Masters could be present to make
arguments on his behalf, or if he instead
preferred that the Commission take action at
today's meeting.
Mr. McNease responded he would be agreeable
to carry this matter over until the next meeting
which is scheduled for August 11, 2003.
Ms. Greene reminded Mr. McNease that the
meeting would be held on the 12`h floor of the
County -City building at 10:00 a.m. rather than
the 13`h floor as is the usual meeting place due to
the fact that Room 1308 was not available at
that time. Ms. Greene also stated that she would
be sending a letter to Mr. Masters advising him
of the details of today's meeting and further
advising Mr. Masters of the decision to defer
this matter to the next meeting in order to permit
Mr. Masters to be in attendance. Because this
matter was postponed until the August 11, 2003
meeting, the Staff report and recommendation
was deferred until the next meeting so that all
matters might be considered by the Commission
at that time.
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South Bend Redevelopment Commission
Regular Meeting— August 1, 2003
7. PROGRESS REPORTS
There were no progress reports.
8. NEXT COMMISSION MEETING
The next meeting of the Commission will be a
Rescheduled Regular Meeting on August 11, 2003
at 10:00 a.m.
9. ADJOURNMENT
THERE WERE NO PROGRESS REPORTS.
NEXT COMMISSION MEETING
There being no further business to come before the ADJOURNMENT
Redevelopment Commission, Mr. Blake made a
motion that the meeting be adjourned. Ms. Jones
seconded the motion and the meeting was adjourned
at 10:24 a.m.
Robert W. Hunt, President
16
Donald E. Inks, Direr.tor