HomeMy WebLinkAbout02-11-08 Community and Economic DevelopmentFm
.~" Community and Economic Development Committee
2008 South Bend Common Council
The February 11, 2008 meeting of the Community and Economic Development
Committee of the South Bend Common Council was called to order by its Chairperson
Council Member Derek Dieter at 3:55 p.m. in the Council's Informal Meeting Room.
Persons in attendance included Council Members Dieter, Varner, Henry Davis, White,
LaFountain, Rouse, Oliver Davis, Kirsits, and Puzzello; Mayor Stephen Luecke, Public
Works Director Gary Gilot, Interim City Controller John Murphy, Don Inks, Elizabeth
Leonard, Mrs. Kopola, Martha Lewis, Ann Kolata, Tom Price, Robert Mathia, City Clerk
John Voorde, Jeff Vitton, Bill Schalliol, Marty Wolfson, Bill Hollingsworth, Mark Smith,
Jeff Gibney, Catherine Andres, Jamie Loo of the South Bend Tribune and Kathleen
Cekanski-Farrand, Council Attorney.
Council Member Dieter noted that the Committee members include Council Members
Henry Davis, Ann Puzzello, Karen White and himself as Chairperson. Council Member
Dieter then introduced the two (2) citizen members of the Committee: Catherine Andres
and Mark Smith.
Bill No. 09-08: Administration Request to Close SEDA TIF Fund No. 414 and
Transfer Funds to AEDA TIF Fund No. 324:
Council Member Dieter called for a formal presentation on Bill No. 09-08 which is a
request to closie the SEDA TIF Fund No. 414 and transfer said funds to the AEDA TIF
Fund No. 324.
Elizabeth Leonard, Director of Financial & Program Management for the community &
Economic Development Department made the presentation.
Ms. Leonard stated that the Bill would close the Sample-Ewing Development Area
(SEWDA) TIF Fund (Fund 414) and transfer all of the remaining monies to the Airport
Economic Development Area (AEDA) TIF Fund No. 324. This would be consistent with
the expansion of the AEDA which will include the SEDA boundaries; and facilitate
improved accountability.
In response to a question from Council Member Dieter, Ms. Leonard stated that the
balance in the fund is $648,788.70 and that encumbrances outstanding total
$24,006.15.
There was no one from the public who spoke in favor or in opposition to the Bill.
Community and Economic Development Committee
February 11, 2008
Page 2
Council Member Puzzello made a motion, seconded by Council Member White that Bill
No. 09-08 be recommended favorably to Council. The motion passed.
Bill No. 08-13: Ten (101 Year Tax Abatement Request for McKinley Apartments
Housing, LP:
Council Member Dieter called for a formal presentation on Bill No. 08-13 which is a
request of McKinley Apartments Housing Partners, LP for a ten (10) year real property
tax abatement for the property known as the old Target Store Retail Complex located on
the north side of McKinley Avenue, west of Hickory.
Bob Mathia, Economic Development Assistant Director reviewed his multi-page report
dated January 28, 2008 (copy attached). He noted that:
• Petitioner proposes to construct 208 1, 2, 3, and 4-bedroom apartment units in
two (2) phases
• 13 apartments will be set aside for disabled residents
• Taxes to be paid of the ten (10) year period are estimated to be $1,952,324
• Taxes to be abated are estimated to be $1,913,666
• Petitioner meets the qualifications for a ten (10) year real property tax abatement
under Section 2-77 of the South Bend Municipal Code entitled "Multi-Family
Residential Developments"
William J. Hollingsworth of Equal Development, LLC with offices located at 12557
Blandford Street, Carmel, Indiana made the formal presentation. He noted that the
proposed development with be a quality development and that he will own the
development 100% (See McKinley Apartments Ownership Structure flow-chart)
In response to questions from Dr. Varner, Mr. Hollingsworth stated that the proposed
development is designed to be a market leading affordable property for long-term
competitiveness and viability. The buildings will be two-stories. Rents will be based on
income and will be a part of a tax credit program resulting in monthly rents running from
$350 to $850. He noted that the property in question has been vacant for a significant
period of time.
In response to questions from Council Member Kirsits, Mr. Hollingsworth noted that their
development on SR 23 does have a community building and that one is proposed for
the McKinley development.
Council Member Puzzello noted that it is somewhat unusual to act upon the tax
abatement request prior to the zoning being finalized. She noted that if the zoning is not
approved that the tax abatement would not be valid.
Community and Economic Development Committee
February 11, 2008
Page 3
Mr. Hollingsworth stated that time is of the essence in light of the March 7th state
application deadline for the tax credit program. He noted that as part of this program no
more than 1/3 of a persons income can be spent on housing. Average income levels
would be $40,000. He added that the proposed development is consistent with City
Plan.
In response to a question from Council Member Oliver Davis, Mr. Hollingsworth stated
that security will be handled by the management company depending on need. He also
noted that discounts will be provided to police officers to live in the development.
Council Member Puzzello noted that the developer held a neighborhood meeting and
that they were basically okay with the proposal.
Council Member Kirsits noted that fencing on the west must be well maintained in light
of persons using the area as a cut-thru.
Mr. Hollingsworth noted that they are also considering a landscaped barrier for the west
property line.
Council President Rouse noted that he has received emails from persons living west of
the proposed development voicing concerns. He also expressed concern about the
time line on this request.
Bill Schalliol of the Division of Economic Development noted that the rezoning and tax
abatement requests were filed at the same time in light of the deadlines involved for the
state tax credit program.
Mr. Mathia noted that his department has had the petition since January 22, 2008, and
that their written report was filed with the Office of the City Clerk on January 28, 2008.
In response to questions from Council Member Henry Davis, Jr., Mr. Mathia noted that
the petitioner qualifies for a ten (10) year tax abatement under the governing provisions
of the South Bend Municipal Code. He noted that the "Public Benefit Points Summary"
in his report shows that the developer earned 427 points out of 1,000 as shown in the
report. The minimum would have been three (3) years, but the project qualifies for ten
(10) years under the city ordinance.
Council Member White made a motion, seconded by Council Member Puzzello that Bill
No. 08-13 be recommended favorably to Council. The motion passed.
Community and Economic Development Committee
February 11, 2008
Page 4
City Administration's Uadate TIF-LaSalle Square:
Council Member Dieter then called upon Jeff Gibney, Interim Director of the Department
of Community and Economic Development to provide an update on TIF-LaSalle Square.
Jeff Gibney, Interim Director of the Department of Community and Economic
Development, noted that no TIF monies have been spent in LaSalle Square, however
they have been appropriated.
Jeff Vitton of Community and Economic Development provided a handout which was a
draft letter requesting proposals from consultants to complete the LaSalle Square Area
Redevelopment Plan (copy attached). The reverse side was a listing of twenty-five (25)
planning firms. The deadline for a response is March 10, 2008. Mayor Luecke will be
appointing a Steering Committee to review and give recommendations. They are
working with St. Joseph Regional Medical Center and Memorial Hospital on a possible
joint venture fora "Bendix Physicians Group". Joint planning is underway with
Honeywell; and market rate housing is being studied. Mr. Vitton noted that they have
also posted the request for proposals on Planning.org which is a national website and
have received ten (10) responses to date.
In response to a question from Council Member Dieter regarding the South Shore, Mr.
Vitton stated that the airport would be represented on the Steering Committee. He
added that some "retail nibbles" have been received; and that discussions have been
ongoing with St. Vincent DePaul who have noted difficulties with the location for retail.
Dr. Varner voiced concern whether the round-abouts have had an adverse affect on
retail, noting that before it was a straight shot to the bypass. He voiced concern about
the possible severe restriction to the flow of traffic.
Mr. Gibney stated that their department would provide a map to the Council of the
airport economic development area through Jeff Vitton, noting that the area is much
more attractive today.
Council Member Kirsits noted that he travels in this area a lot, and that persons are
starting to get offers.
Council President Rouse noted that there is a meeting tomorrow at LaSalle Square.
The Community and Economic Development Department will have representatives in
attendance and will show maps of the expanded areas.
Council Member Dieter thanked everyone for the update.
Community and Economic Development Committee
February 11, 2008
Page 5
Miscellaneous Business:
Council Member Dieter noted that he had the one-page proposed "Position Statement
on Tax Abatement" sent to the Council by email and was also provided in each of the
Council Member's mail boxes. (copy attached). He noted that it was being presented
for discussion, and is offered in light of Mayor Luecke's recent update on HB 1001. He
noted that the proposed statement would not be a moratorium.
In response to a question from Dr. Varner, Mr. Mathia indicated that there is one (1)
personal and one (1) real property tax abatement in process related to the same project.
Council President Rouse noted that the Council must be prudent in this area, and
commended Council Member Dieter for monitoring current recipients of tax abatement.
President Rouse stated that if HB 1001 is passed in its current version, that it will not be
business as usual.
Council Member Dieter stated that letters have gone out to those recipients who were
considered in preliminary non-compliance by the City Administration. The response
date is February 22"d
The Council Attorney noted that Council Member Dieter sent notice to nine (9)
companies who are currently receiving abatements.
Mr. Mathia noted that we are coming into a building season, and perhaps discussion
should also take place on the policy of pulling building permits.
Council Member LaFountain voiced support of looking at that policy, but that discussion
on the policy statement should take place.
Mayor Luecke stated that he did not support ceasing taking tax abatement applications.
He is concerned about the loss of revenue, but tax abatement is a phase in program of
taxes which generates more revenue. He added that he has not proposed any city lay-
offs, and that the Administration is carefully monitoring HB 1001 with TACT. Mayor
Luecke noted for example that what if a developer came forward on the LaSalle Hotel or
what if a developer proposed to create 300 jobs in the Studebaker Corridor during the 6-
8week period addressed in the proposed policy. He stated that he appreciates the
Council's concern if HB 1001 is passed as is but does not believe that tax abatement
should be eliminated. He hoped that there would be broader discussions.
Community and Economic Development Committee
February 11, 2008
Page 6
Council President Rouse voice concern over provisions in the current version of HB
1001 which treat long-term residents of the city differently than new persons with regard
to mortgage exemptions, homestead credits, etc.
Mayor Luecke noted that the Council has already implemented protections in the
memorandum of agreement (MOA) with regard to the current circuit breaker language.
Council Member Oliver Davis stated that it might be beneficial to be briefed by State
Senator John Broden.
Council Member White noted that she would like additional time to address this topic.
She hoped that the Council and the Administration could "dig deeper to find out the true
impact of the proposed state law". She hoped that no proposed development projects
would be negatively impacted.
Dr. Varner noted that he has been a supporter of tax abatements which create new
assessments for the city. However he believes that concerns raised should be carefully
studied. If the state law ends up with a 1% cap for home owners, he questions the need
going forward for residential tax abatements. He stated that he likes the idea of a delay
so that more information could be studied. He added that for large projects during a 6-
week period, that there could be interim thresholds in place to capture such new large
developments.
Council Member White noted that "large projects" would have to be defined.
Council Member Dieter suggested that everyone send their comments on the proposed
"Position Statement on Tax Abatement" to him.
In response to questions from President Rouse, Mr. Mathia and the Council Attorney
noted that claw back provisions and the circuit breaker language is in the MOAs which
must be filed with the City Clerk's Office, prior to the Council moving forward on the
Confirmatory Resolution for such projects. Toro and Accuride are the only abatements
which have been taken away by the Common Council.
Council President Rouse stated that tax abatement may be a "great economic tool" as
many have stated, however he wants to see that data and evaluate it. He stated that he
has a serious concern for the entire city and that is why he is working with Council
Member Dieter on this topic.
Community and Economic Development Committee
February 11, 2008
Page 7
Council Member Dieter stated that the current tax abatement program will continue, and
again encouraged the Council and the Administration to send him their comments on
the proposed policy statement.
In response to a question from Council Member Puzzello, Council Member Dieter stated
that the entire Council would vote on a position statement.
Dr. Varner noted that last week the Information and Technology Committee met and
asked Public Works Director Gary Gilot to prepare a new RFP on the video-taping of
Common Council meetings. Mr. Gilot has suggested using a "selection matrix" and
provided cone-page summary (copy attached). The Board of Public Works will be
receiving the RFPs for greater transparency. He suggested that the Council Members
send their thoughts and comments to him.
There being no further business to come before the Committee, Council Member Dieter
adjourned the Committee meeting at 5:11 p.m.
Respectfully mitted,
Council Member Derek D. Dieter, Chairperson
Community and Economic Development Committee
Attachments