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HomeMy WebLinkAbout07-22-96 Community & Economic Development Committss Zsport: Community and Economic Development Committee Co the Common (oulttfl of fig (Ltg of Soutb The July 22, 1996 meeting of the Community and Economic Development Committee was called to order by its Vice Chairperson,Council Member Steve Luecke at 3:45 P.M.in the Council informal meeting room. Persons in attendance included Council Members: Kelly,Hosinski, Washington, Varner, Luecke,Pfeifer,and Broden;Phil Faccenda,Sr.,Phil Faccenda,Jr.,Mike Beitzenger, Sue Hodgson Citizen Member, Ken Fedder,Jenny Pitts-Manier, Jeff Rinard, Don Porter, and Kathleen Cekanski-Farrand. Council Member Luecke noted that the first item on the agenda was to review Bill No. 54- 96 which is a Bill to determine the amount of assistance to be paid to the Urban Enterprise Association. Jenny Pitts-Mather made the presentation. She noted that Pam Meyers has spoken to the Council earlier with regard to the proposed Bill. In light of the new state law a new procedure would be established whereby the responsibility of the UEA in certain matters would be transferred to the City Council. More specifically in Section 1 of the proposed Bill each zoned business would be required to pay to the UEA an annual amount of 25%of any credit received and if the petitioner was a warehouse the percentage would be 30%. The proposed procedures would be in effect until December 1999. In the event of the UEA's recommendation for disqualification,the Common Council would refer the matter to the Council Attorney for preparation of an ordinance disqualifying a zoned business or a warehouse. All possible measures to seek compliance would be sought prior to such action. Council Member Pfeifer a member of the UEA spoke in favor of the Bill. The Council Attorney noted that she had spoken with Lee Slavinskas a member of the UEA and he would have been present to speak in favor of the proposed Bill however was out of town and asked her to make favorable comments on the proposed Bill. Following discussion, Council Member Broden made a motion , seconded by Citizen Member Sue Hodgson that Bill No. 54-96 be recommended favorably to Council. The motion passed. The Committee then reviewed Resolution No. 96-65 which is a confirming Resolution for the property located at 213 and 225 West Colfax Ave, for a 5 year personal property tax abatement request. Mr. Phil Faccenda, Sr. representing the petitioner made the presentation along with his son, Phil Faccenda,Jr. Mr. Phil Faccenda, Sr. noted that he has been retired from the University of Notre Dame and is"of Counsel"status with Barnes and Thornburg. � t Committee Report Community and Economic Development Committee July 22, 1996 Page 2 He noted that when the action taken on this particular Bill was made on April 10, 1992,that he was a member of the Redevelopment Commission. He noted that he has made full disclosure with regard to the conflict of interest statute as well as Supreme Court Ethical Guidelines. He them reviewed a history of the proposed tax abatement he meticulous went through the statement of benefits form (copy attached) which was filed in a timely fashion upon the adoption of Resolution Nos. 1934-92 and 1935-92.He noted that the petitioner,the South Bend Tribune was not aware of a problem until the State Board of Commissioners indicated in April of 1996 that in their determination the petitioner did not qualify since the machinery was at the location but was not in workable condition.He noted that his client had timely filed the statement of benefits form and that the specific issue was one of interpretation. He noted that the completion date was listed as June-December 1994 and indicated that his client as a tax payer had fully complied and performed pursuant to the local guidelines and the state law. Council Member Coleman noted that Mr.Szarwark had presented a time-line with regard to all action talked by both the petitioner and counsel on this matter. In response to a question raised by Council Member Luecke, Mr. Faccenda noted that everything was filed timely and that his client took reasonable action upon being denied the tax abatement as a result of the State Board of Tax Commissioners interpretation. Council Member Coleman noted that this matter had been continued from the last meeting in light of the fact that 2 Council Members were absent and full deliberations of an entire 9 Member Council were important. The Council Attorney also noted that she had checked the official records from 1992 and that all matters were in order and the petitioner did comply with all regulations at that time. Council Member Luecke noted that the 2 year time frame was a local requirement and not a state law requirement. He stated that the Tribune has complied and he believed that the Council should go forward. Mr. Beitzenger noted that the Form 11, the Notice of Assessment must be filed with the County Auditors office and that the overall question involved in the case involving the South Bend Tribune involved the definition of"installed".He noted that the equipment in question was defiantly at the Tribune office but was not totally functioning. Council Member Luecke again spoke in favor of the proposed Resolution and Council President Kelly also spoke in favor. Mr. Faccenda noted that the state law permits a counsel to take such action with the new state law taken affect on January 1, 1995. The Council Attorney noted for the record that the Council had taken previous action under the new state law which was permissible. • Committee Report Community and Economic Development Committee July 22, 1996 Page 3 Following further discussion, Council Member Luecke made a motion, seconded by Council Member Broden that Resolution No.96-65 be recommended favorably to Council. The motion passed. There being no further items to come before the Committee the meeting was adjourned at 4: 10 P.M. Respectfully submitted, Steve Luecke,Vice Chairperson Community and Economic Development Committee