04-09-01 Council Meeting Minutes

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REGULAR MEETING APRIL 9, 2001 by the Common Council and approval by the Mayor. s /Charlotte Pfeifer Member of the Common Council Councilmember Kelly reported that the Community and Economic Development Committee met on this bill and recommends this Resolution to the Council favorably. Councilmember Ujdak advised for the record that due to a potential conflict he will recuse himself from consideration of this Resolution. Mr. Shawn Sullivan, on behalf of Indiana Land Trust 5181, owner of the property at 209 East Colfax, South Bend, Indiana, made the presentation for this Resolution. Mr. Sullivan stated that Indiana Land Trust 5181 seeks tax abatement to facilitate some improvements to the property which are primarily needed due to the severe winter and the fact that the building has been unoccupied for approximately one (1) year. The improvements will consist of roof repairs, mechanical repairs, plumbing work and work to the grounds. These repairs will be facilitated with the assistance of tax abatement. He noted that their goal is to make the building habitable so the first tenant, which is going to be a brewery, can occupy the premises which will constitute two thousand ( 2,000) square feet of the total twenty -four thousand (24,000) square feet of the building. The improvements will hopefully lead to some other development of the building which they are in the process of negotiating with several potential developers. A Public Hearing was held on the Resolution at this time. There was no one present wishing to speak to the Council either in favor of or in opposition to this Resolution. In response to Councilmember Varner's inquiry, Mr. Sullivan stated that he is an owner of the building. He clarified that the Land Trust actually owns the real estate and he directs the land trust. Councilmember Varner inquired if business development funds or loans were involved with the brewery located across the street from this property. Mr. Sullivan stated that there was development assistance but he was not specifically involved in that process. Councilmember Varner indicated that it is known that there were problems with the previous brewery and wondered if it was appropriate for the Council to act on this matter before that issue is resolved. In response to Councilmember Vamer's inquiry of whether Mr. Sullivan was a party to the building ownership with regards to the previous brewer, Mr. Sullivan stated that it was very complicated and a very delicate question. The simple answer is that he was supposed to be a party to the ownership of the property but was not and that was part of the problem and why he was removed. Councilmember Varner asked if Mr. Sullivan would consider continuing this Resolution for a two (2) week period so he could ask Council Attorney Kathleen Cekanski - Farrand to clarify some questions he had so she could return to the Council with some answers. Mr. Sullivan stated that he does not have a problem with that request but they are anxious to get started with some of these improvements. Council Attorney Kathleen Cekanski - Farrand inquired of Mr. Sullivan if any litigation was pending with regard to the other property. Ms. Sullivan stated that there is no litigation whatsoever in regards to Indiana Land Trust 5181 which is associated with the 209 East Colfax property. There is litigation associated with the previous brewery property but there is no overlap between that litigation and this tax abatement request. In light of Mr. Sullivan's comments, Councilmember Varner stated that he does not have an objection to proceeding with the tax abatement at this time. Council Attorney Kathleen Cekanski- Farrand stated, for the record, that since this tax abatement is at the declaratory stage she could meet