11-10-08 Common Council Minutes - Laserfiche WebLink

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REGULAR MEETING NOVEMBER 10, 2008 is not going to come in and change any of those covenants in the development, they would still have to build homes that meet those specification and restrictions. Councilmember Varner stated that those covenants are on record in the St. Joseph County Recorder’s Office for the subdivision. Those covenants are enforced by the Council; they are established by a private homeowners association. Mr. DeLater stated that those covenants were changed once without any of the homeowners knowledge. Councilmember Oliver Davis asked how long a property owner has to redeem his property. Kathleen Cekanski-Farrand stated that it varies depending on what type of sale it is. Councilmember Kirsits asked Mr. DeLater if he received a tax abatement when he built his home in this subdivision. Mr. DeLater responded yes, he did receive a tax abatement. Councilmember Varner questioned if there could be different covenants for the various phases of the development. Mr. DeLater stated that what he believes is that the original covenants that were recorded were for the entire subdivision all the lots even those in question tonight. He stated that the amendment went in without any of the homeowner’s knowledge and recorded in 2006. Councilmember Varner asked Mr. DeLater to talk to him after the Council Meeting tonight regarding those covenants. There was no one else present wishing to speak in opposition to this bill Councilmember Oliver Davis made a motion to adopt this Resolution, Councilmember Varner seconded the motion which carried and the Resolution was adopted by a roll call vote of seven (7) ayes and one (1) nay (Councilmember Henry Davis, Jr.) Councilmember White stated that the whole issue of tax abatement continues to be one that this Council has really wrestled with especially looking at the lack of development within certain segments of the community that has been and is currently challenged for quite some time. This issue along with TIF Districts needs to be reviewed by the Council and to work with the various developers and encourage them to build in certain areas that have not been developed in. She stated that it is the Council’s responsibility to try to encourage as much as possible the full development so that the city will not have this doughnut effect within the community. She stated that the Council can continue to address the outer areas of the community, but until they somehow work with the administration and address this doughnut effect, there will be this need to continue to look at the issue of tax abatement from a different prospective. She stated that she is aware of certain communities that when they actually grant tax abatement they give additional points and encourage developers to build within the inner city. She stated that she looks forward to the upcoming year 2009 and working on this whole issue of residential tax abatement and the definition of distressed area and how as a Council work within the State guidelines as well as the local level to encourage the developers to build within the entire city and not continue to build just on the outskirts of the city. Councilmember Oliver Davis asked if the Council has a responsibility to review the tax abatement process before the end of the 2008 calendar year. Council Attorney Kathleen Cekanski-Farrand stated that this is the year that substantive changes would be made. That does not prohibit the Council to make those changes next year in 2009. She stated that Councilmember Dieter as Chairperson of the Community has asked her to begin meeting with Mr. Bob Mathia from the Department of Community 30