HomeMy WebLinkAbout03-22-04 Community & Economic Development South Bend Common Council Community and Economic Development Committee
Minutes from Meeting of March 22, 2004
The March 22, 2004 meeting of the Council's Community and Economic Development
Committee was called to order by its Chairperson,Council Member Roland Kelly,at 3:30 p.m.in the
Council Informal Meeting Room.
Persons in attendance included Council Members Dieter, Pfeifer, Kelly, Puzzello, Varner,
Kuspa,Coleman,Kirsits and White. Among those also present were City Clerk John Voorde,Attorney
Kenneth Fedder, Attorney Randy Rompola, Michael Beitzinger (Community and Economic
Development), Jim Frick (South Gateway Association), Terry Bland (South Bend Tribune), and
Aladean M. DeRose substituting for Kathleen.Cekanski-Farrand, Council Attorney.
A full quorum of the Committee existed in that all members were present, namely, Council
Members Kelly, Kirsits, Coleman, and Kuspa.
A. Presentation on Bills Numbered 04-35 (Waiver) and 04-36 - Tax Abatement
for real property located at 3310 William Richardson Court- Trinet Essential
Facilities X, Inc.,for the benefit of Cequent Towing Products,Inc.
The Committee Chair called for a presentation of Substitute Bills 04-35 and 04-36. Mike
Beitzinger from the City Division of Economic Development informed the Committee that the tax
abatement is for real property located at 3310 William Richardson Court owned by Trinet Essential
Facilities and leased to Cequent Towing Products,Inc. Cequent Towing Products is a subdivision of
Cequent Accessories Design Group located in the Goshen,Elkhart area,and the location of the South
Bend facility is part of its strategy to consolidate its operations. The amount of improvements is in the
range of$860,000(which assumes$54,000 of tax abatement). The new business will provide 83 new
jobs in the City and create an annual payroll of$1.9 million dollars. Mr.Beitzinger further added that.
this owner has had no prior abatement,however,the building was originally constructed and approved
in 1994 for a ten year tax abatement. The real estate is located in the Airport Economic Development
Area, a Tax Incremental Allocation Area. Accordingly,the petition for property tax abatement must
first be approved by the South Bend Redevelopment Commission which passed a resolution approving
the tax abatement on Friday,March 19, 2004.
Mr. Beitzinger pointed out that the tax abatement petition technically does not meet the
requirements of Indiana Code § 6.1-1-12.1-3 because the owner obtained a building permit and
proceeded with a portion of the project representing about $12,800 in construction value. This is
contrary to I.C.6.1-1-12.1-11.3(a)(3). For this reason,the petitioner has requested,and the Council is
required to approve a waiver of non-compliance in order for the project to be qualified for tax
abatement. Council Chair Kelly asked whether Council's rejection of the requested waiver would
prevent the grant of benefits and Council Member Puzzello asked why the owner's pulling of a building
permit could result in loss of tax abatement qualification. Aladean DeRose advised the Committee that
Indiana Code prohibits an owner from commencing development or rehabilitation before an area is
designated as an economic revitalization area,that is,before the Common Council approves the petition
for designation as an economic revitalization area. Council Member Coleman asked the owner to
explain why the building permit was pulled.
S,
John Haughton,Project Manager and Manager of Logistics for Cequent,stated that he was not
the individual who actually filled out forms to request a tax abatement,and that it"just made[him]sick
to learn"that the building permit had been pulled prematurely. Council Member Coleman stated that
it was a good thing that he was not the same individual who was part of the application process because
this demonstrates communication breakdown, not intentional misconduct. Council Member Kelly
stated that the size of the project and the benefit to the community must be considered when
determining the waiver. Mr.Jeff Kelsey of Price Waterhouse,then stated that it was Larry Cramer from
the Cleveland office who worked with the Redevelopment Department to submit the application for
tax abatement. This occurred in December 2003 and early winter after which Mr. Cramer suddenly
terminated his employment, and the Price Waterhouse staff"scrambled to pick it up from him." Mr.
Kelsey believes this may have caused the"crossed wires"because the Price Waterhouse offices were
in two different locations. Mr. Kelsey further explained that the permit that was pulled was for a
$12,800 project improvement.
Council Member Varner suggested that the Council eliminate tax abatement for that portion of
the project as to which the building permit was pulled, i.e. $12,800, and grant the waiver and tax
abatement for the remainder of the project.
It was moved and seconded that Bill No.04-35 (waiver)be approved as amended to authorize
waiver as to all but$12,800 of the total project. It was further moved and seconded that Bill No.04-36
be approved as substituted to approve tax abatement as to all but$12,800 assessed property valuation
which would not qualify for abatement due to non-compliance with Indiana Code. Both motions
passed unanimously.
B. Bill 15-04- The Pointe at St. Joseph Apartments-Multi-Family Housing
Attorney Randy Rompola, Baker and Daniels, made the presentation to the Committee and
stated that Attorney Ken Fedder would make the evening presentation to the full Council at its public
hearing. Mr.Rompola explained that these were refinancing tax exempt bonds which were originally
issued in 1988 and were later re-funded in 1994 and 1999. This is a request to refinance yet another
time. Mr.Rompola recently spoke with the borrower and if all works according to plan,the financing
can be closed around the first of April 2004.
It was moved and seconded that Bill No. 15-04 go to the full Council with a favorable
recommendation. This motion passed unanimously.
There being no further business to come before the Committee,the meeting was adjourned at
3:54.p.m.,
Respectfully submitted,
Council Member Roland Kelly, Chairperson
Community and Economic Development Committee
AMD/cw
Attachments
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