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OFFICE OF THE CITY CLERK
KAREEMAH FOWLER,CITY CLERK
COMMUNITY INVESTMENT JULY 10, 2017 4:38 P.M.
Committee Members Present: Gavin Ferlic, Regina Williams-Preston, Randy Kelly, Paul
Tipps (citizen member)
Committee Members Absent: Oliver Davis
Other Council Present: Tim Scott, John Voorde, Dr. David Varner, Karen White
Other Council Absent: Jo M. Broden
Others Present: Kareemah Fowler, Graham Sparks,Aladean DeRose
Presenters: Frank Agostino, Tim Scott
Agenda: Bill No. 17-39-Non-Compliance Waiver for Hoffinan
Hotel Apartments
Bill No. 39-17-Amending SBMC addressing Mobile Food
Vendors &Vehicles
Committee Chair Gavin Ferlic called to order the Community Investment Committee meeting at
4:38 p.m. He introduced members of the committee and proceeded to give the floor to the
presenters.
Bill No. 17-39- Non-Compliance Waiver for Hoffman Hotel Apartments
Frank Agostino, 131 S Taylor St., stated, I am here on behalf my brother Peter. This is in regard
to an abatement that was previously approved. There are multiple issues here. First, Resolution
4286-13, in section 1 it says, "Such abatement is limited to two (2) calendar years."But then
section two (2) says, "It is a property tax deduction for a period of ten(10) years." So there are
time periods in that resolution that are contradictory. The biggest mea culpa on the part of my
client is they were supposed to file a Form 322/RE on this. There were issues whether they got a
notice explaining the petition because that triggers the date and time they are supposed to file the
Form 322/RE. The petitioner claims he had not received any notice. He had been in
communication with the Redevelopment Commission and there was turnover up there.Needless
to say, it got lost in the shuffle. So in the time period in which you're supposed to file, it didn't
happen, so he is asking the Council to waive that and that is something permitted for the Council
to do, to waive that time period and let him file that. This is an office building that has
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JENNIFER M.COFFMAN ALKEYNA M.ALDRIDGE JOSEPH MOLNAR
CHIEF DEPUTY/DIRECTOR OF DEPUTY/DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK
OPERATIONS
approximately 40,000 square feet leasable. It's been improved upon and the petitioner is trying to
close on a loan for it. Having this abatement is a significant part of being able to close on that as
well as the overall financing of it.Not being able to close on it because of the property taxes
could be something that jeopardizes the whole entire project. The petitioner recognizes he bares
some fault on this,not getting it in on time, but there is a legally permitted procedure for you all
to waive the filing. He has gathered all of those documents and has subsequently submitted all
those documents. He is asking you to approve this waiver so he can proceed with the abatement.
Committee Chair Ferlic opened the floor to questions from Committee or Council members.
Councilmember Dr. David Varner asked, This has happened in the past. Is the abatement for two
(2) years or ten (10)years?
Mr. Agostino replied, Section one (1) says a two (2) year abatement, section two (2) says a ten
(10)year deduction. I think we should be clear on that as well.
Commiteemember Paul Tipps asked, Did the original petition include only the one (1)job for
$35,000 a year?
Mr. Agostino replied, Yes it was part of the original. That is the onsite manager.
Committeemember Tipps followed up, In your petition you state you will take some actions to
prevent this from happening again. What are those specifically?
Mr. Agostino replied, My client has placed it on his calendar and various notices. He has
retained council to remind him of that.
Committeemember Tipps commented, Last year we looked at a similar request from an affiliated
company with the South Bend Cubs. The same thing happened. Community Investment assured
us that they were going to put procedures in place that try to prevent this from happening again,
but here we are again.
Mr. Agostino replied, And again,the petitioner acknowledges there is fault to bare. This is not
the petitioner coming saying they've been blind-sided or claiming lack of knowledge of this. It
simply got lost in the paperwork.
Committee Chair Ferlic stated, From my time on the Council,the number of these requests have
gone down significantly. Our Department of Community Investment has implemented some new
procedures and there is improvement being seen. I don't think we will get to zero (0) but I credit
DCI with that.
Committee Chair Ferlic opened the floor to members of the public wishing to speak in favor of
or in opposition to the legislation. There were none. He then turned the floor back to the
committee for further comment or main motions.
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Commiteemember Randy Kelly made a motion to send Bill No. 17-39 to the full Council with a
favorable recommendation. Committeemember Tipps seconded this motion which carried
unanimously by a voice vote of four(4) ayes.
Bill No. 39-17- Amending SBMC addressing Mobile Food Vendors & Vehicles
Tim Scott, 711 Forest Ave., stated, I'm speaking on behalf of DTSB and the City
Administration. We are bringing a change to the Food Truck Ordinance. I along with
Councilmember White and Councilmember Ferlic have noticed a need for increased hours on
food trucks from four(4)hours to eight(8) hours and also, to be more business-friendly, we've
proposed adding different licenses. Before, it has just been an annual seasonal fee of five
hundred and twenty-five dollars ($525)which was a tough buy-in for anyone starting out. We
now are proposing to offer a one (1) day license for fifty dollars ($50), a thirty (30) day license
for one hundred and thirty dollars ($130) and a three (3)month license for two hundred dollars
($200). We thought those were equitable prices and will get people intrigued to buy-in. Notably
we've had people who do a pizza oven truck and by the time they get set up serving food, plus
taking in account the close-down time, they have a very small window of opportunity. DTSB,
separate from the ordinance, is working on different zones for the trucks. Right now,they are
allowed to park in front of the Morris Theatre on off-show nights and days. There is also a
section on Jefferson Avenue and they are also looking at the Century Center as a possibility. The
idea is to spread them out throughout the Central Business District.
Committee Chair Ferlic opened the floor to questions from Committee or Councilmembers.
There were none. He then opened the floor to members of the public wishing to speak in favor of
or in opposition to the legislation. There were none. He then turned the floor back to the
committee for further comment or main motions.
Committeemember Tipps made a motion to send Bill No. 39-17 to the full Council with a
favorable recommendation. The motion was seconded by Committeemember Kelly which
carried unanimously by a voice vote of four(4) ayes.
With no other business, Committee Chair Ferlic adjourned the Community Investment
Committee meeting at 4:47 p.m.
Respectfully Submitted,
Gavin Ferlic, Chairperson