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HomeMy WebLinkAbout05-23-16 Community InvestmentOFFICE OF THE CITY CLERK KAREEMAH FOWLER, CITY CLERK COMMUNITY INVESTMENT Committee Members Present: Other Council Present Others Present: Agenda: May 23, 2016 4:23 P.M. Gavin Ferlic, Regina Williams- Preston, Oliver Davis, Randy Kelly, Paul Tipps Karen White, Dr. David Varner, John Voorde, Jo M. Broden Kareemah Fowler, Joseph Molnar Kathleen Cekanski- Farrand, Adriana Rodriguez Bill No. 16 -50 — Approving a waiver of non - compliance for Run - Faster -Run, LLC Committee Chair Gavin Ferlic called the meeting to order with one (1) bill on the agenda. Bill No. 16 -50 - Approving a waiver of non - compliance for Run- Faster -Run, LLC Aaron Kobb, Department of Community Investment 14th Floor of the County -City Building, spoke as the presenter of this bill. The original confirming resolution for this was adopted on September 22"d 2014 which granted an eight (8) year real property tax abatement for a training and batting facility at Four Winds Field. The original petition called for a million dollar investment and one (1) job. They have exceeded both the investment and jobs created. Anne Fischesser, attorney with Faegre Baker Daniels, served as the petitioner for this bill. The request is for a waiver of non - compliance in regards to the tax abatement regarding the filing of the application for deduction. The application was to be filed thirty (30) days after receipt of the notice of assessment. The company, Run - Faster -Run, has stated that to the best of their knowledge they never received the notice of assessment and did not think it was that unusual as property was owned by the City as of March 1St 2015. When they received the tax bill they immediately filed the application for deduction and also paid the tax bill and are now requesting a waiver of non - compliance so the tax abatement can be effective for the 2015 tax year. Joe Hart, President of South Bend Cubs, also served as the petitioner for this bill. He stated Anne contacted them several times back in November asking if they had received the required paperwork and they reported that they did not. Once they received the tax bill they went through the proper steps of going forward properly but to their knowledge they never received the notice of assessment. 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 EMILY SEXTON CHIEF DEPUTY/ CHIEF OF STAFF DEPUTY/ DIRECTOR OF POLICY ORDINANCE VIOLATION CLERK Council Attorney Cekanksi - Farrand stated that the Council does have limited authority to do this on a case by case basis. Committeemember Paul Tipps disclosed he is a seasonal employee for the food and beverage contractor with the South Bend Cubs. Mr. Tipps asked if they are being asked to waive both non- compliance and a penalty for non - compliance. Ms. Fischesser responded she does not believe there is a penalty associated with non- compliance. It would just be we would have to pay the tax without the abatement. We are technically asking for a rebate for overpayment because we paid the full tax. Committeemember Regina Williams- Preston asked about the language in the resolution stating the project went over budget. Committee Chair Gavin Ferlic responded that the company committed to spending a certain amount of investment and they actually invested more than that amount of money. They have exceeded all of their promises in the abatement. Councilmember Dr. David Varner asked what was the assessed amount. Ms. Fischesser responded it was around $1.5 million. No one from the public spoke in favor of or opposition to the bill. Committeemember Oliver Davis made a motion to send Bill 16 -50 to the full Council with a favorable recommendation. Committeemember Paul Tipps seconded the motion which carried by a voice vote of five (5) ayes. With no further business before the Committee, Committee Chair Gavin Ferlic adjourned meeting at 4:28 Respectfully Submitted Gavin Ferlic, Committee Chair 2