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HomeMy WebLinkAbout07-10-17 Community Investment �SDi:�ItBF ti W PEACF. 1865 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 455 County-City Building•227 W.Jefferson Boulevard•South Bend,Indiana 46601 Phone 574-235-9221 •Fax 574-235-9173•TDD 574-235-5567•www.SouthBendIN.gov 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. 2 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