HomeMy WebLinkAbout02-10-03 Community & Economic Development - Amended t
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Community anti Commit t1)tiopmtnt tommUUta AMENDED
The February 10, 2003 meeting of the Community and Economic Development Committee was
called to order by its Chairperson, Council Member Karl King at 4:47 p.m. in the Council Informal
Meeting Room.
Persons in attendance included Council Members Varner, King, Kirsits, Aranowski, Pfeifer,
Kelly, Coleman, Kuspa and White; Community & Economic Development Director Jon Hunt,
Michael Beitzinger, Patrick McMahon of Project Future, Mark Eagan of the Chamber of
Commerce, Don Inks, Bill Schalliol, Terry Bland of the §ouch Oentr Zttrtbun¢ and Kathleen
Cekanski-Farrand, Council Attorney.
Council Member King called for a presentation on Bill No. 03-17 which would approve an
interlocal agreement between St. Joseph County and the City of South Bend for the use of certain
grant money.
Mr, Bill Schalliol, an Economic Development Planner, made the presentation. He noted that St.
Joseph County received a grant in the amount of$44,687 from the Indiana Development Finance
Authority for evaluating potential environmental contamination in the area east of 514 West Ireland
Road. The city's Department of Community and Economic Development would serve as the grant
administrator. The work under the grant is to be completed by April 1, 2003. Mr. Schalliol
provided a drawing of the subject property. He noted that a similar resolution will be acted upon
by the County Council on Tuesday evening.
No one in the public spoke in favor or against the proposed Resolution.
Following discussion, Council Member Kelly made a motion, seconded by Council Member
Kuspa that Bill No. 03-17 be recommended favorably to Council.
Council Member King noted that a letter dated February 10, 2002 (copy attached) has been
received asking that Bill No. 03-18, which would have authorized the Mayor to submit an
application to EPA for a Brownsfield Job Training Grant, be withdrawn. The Bill will be struck
from the agenda this evening.
The Committee then reviewed Bill No. 5-03 which would amend Chapter 2,Article 6 of the South
Bend Municipal Code addressing "Tax Abatement Procedures". Council Member King, the
sponsor of the Bill, made the presentation.
Council Member King stated that the Bill has been under discussion for the past two (2) years. A
great number of Community and Economic Development Committee meetings have taken place and
a great deal of research has gone into the project. The City Administration and the public have
provided input throughout. The proposed ordinance reflects "new thinking" on tax abatement
incentives. The Bill sets forth the goals which all parties have agreed upon, namely that it would
encourage private sector entities to invest and rehab resulting in higher economic values and would
encourage other actions for the right to receive other public benefits.
Council Member King noted that there was a strong interest in tightening up the relationship and
partnership between the city and the parties who receive abatements through strong contractual
agreements. The City would use Memorandum of Agreements (MOA) modeled after the
successful programs in the City of Indianapolis. He further noted that the tax abatement program
Community and Economic Development
February 10, 2003
Page 2
would address quality and would not reward those who"have a record of poor citizenship or are
delinquent on paying property taxes". He noted that several changes directly resulted from the
many changes in the governing state law. Council Member King noted for example that instead of
utilizing the 3-6-10 year categories for tax abatement, that state law now authorizes tax abatement
from 1 to 10 years. The new program would have a "base abatement" and a tiering concept for
adding on additional years if the party meets the proper thresholds. He then referenced
Sec. 2-76.2 Abatement Tiers
Sec. 2-76.3 Base Abatement
Sec. 2-76.4 Add-On Abatement
which set forth how points would be awarded. He noted that he asked Don Inks to look backward
on projects which received abatement under the current ordinance to see how they would fare
under the under the new ordinance which will be addressed layer.
The MOA would set forth commitments, rights and entitlements and what the Council would be
entitled to do if there is non-compliance. Council Member King stated that such publications as the
Wall Street Journal have reported on how successful Indianapolis has been in enforcement their
MOAs. Disqualifications from eligibility would include the applicant being delinquent or in
default;a record of violations showing a consistent pattern.
Don Inks of Community and Economic Development stated that he reviewed data primarily from
1998-2001. During that period of time 122 years were abated. Under the new regulations 113
years would be abated. He concluded his remarks by stating that there is a good basis for the
proposed base and add-on abatement program.
Mike Beitzinger of Community and Economic Development stated that the City will be using the
Indianapolis MOA as a guide. He noted that it was used once for the Honeywell agreement. The
Council Attorney noted that there was good "give and take" during the negotiation process of the
Honeywell agreement.
Jon Hunt, Director of the Department of Community and Economic Development stated that there
are some projects currently in the pipeline, but with an effective date of August 15, 2003 that that
time table is workable.
Council Member Pfeifer inquired if a company asked for four(4) years of abatement and did not
qualify, they would not come before the Council. Mr. Beitzinger stated that was correct.
Dr. Varner noted that the "safety valve"or enlargement of powers of the Council addressing those
areas not specifically anticipated is still in place. Council Member King stated that the language in
that area is identical to that which has been in place for the past several years
Council Member Coleman noted that a tremendous amount of work has gone into this Bill.
However, he sees the language on page 37, § 2-84, 9 B as a"back door" to getting an abatement.
He noted that this has often been called a"special exception"and is reluctant to have such a"catch-
all". He stated that he would prefer an amendment to the ordinance.
Council Member King asked if there were questions on the ordinance. There were none.
Community and Economic Development
February 10, 2003
Page 3
Under the public portion, Pat McMahon of Project Future, complimented the Council for
addressing complex issues. He believes that this ordinance will be a model for other communities
to emulate. He noted that the ordinance explains what is important to the Council. He then asked
about personal property tax abatement, noting that AM General got a ten (10) ear
property tax abatement. He suggested that enlargement of personal pro b personal
considered especially for very large projects. PertY abatements be
Mark Eagan of the Chamber of Commerce stated that the proposed ordinance addresses many
concerns which will serve the community well. Abatement is often a key ingredient for
development.
No one from the public spoke against the Bill.
Council Member King then asked Don Inks about the personal property tax abatement question
which was raised by Mr. McMahon.
Don Inks stated that that would be a policy decision and perhaps guidelines could be establis
addressing projects of$50 million or greater. hed
Council Member Coleman stated that he wanted to bring this concern to the attention of the Council
and that he hoped it would be addressed at a later date.
Council Member Pfeifer stated that she shares the same concern as Council Member Coleman.
Following discussion, Council Member Kelly made a motion, seconded by Council Member
Kuspa that Bill No. 5-03 be recommended favorably to Council. The motion passed.
Under miscellaneous business, Council Member King noted that he would like a correction made
to the January 27th Committee meeting minutes, noting that he is referenced and that he was not
present.
There being no further business to come before the Committee, Council Member Kin
the meeting at 5:20 p.m. g adjourned
Respectfully submitted,
Council Member Karl King, Chairperson
Community and Economic Development Committee
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