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REGULAR MEETING MAY 23, 2016 No one from the public spoke either in favor of or opposition to the bill. Councilmember Gavin Ferlic made a motion to adopt Bill 16 -47. Councilmember Dr. David Varner seconded the motion which carried by a roll call vote of eight (8) ayes. 16 -50 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A WAIVER OF NONCOMPLIANCE FOR LATE -FILED DEDUCTION APPLICATION (FORM 322/RE) AND COMPLIANCE WITH STATEMENT OF BENEFITS (FORM CF -1) BY RUN- FASTER -RUN LLC FOR CERTAIN REAL PROPERTY KNOWN AS LOT 5 OF THE COVELESKI MINOR SUBDIVISION AND LOCATED AT 525 S. LAFAYETTE BOULEVARD DESIGNATED AS AN ECONOMIC REVITALIZATION AREA UNDER RESOLUTION 4387 -14 Councilmember Gavin Ferlic, Chair of the Community Investment Committee, reported they met and send this bill forward with a favorable recommendation. Aaron Kobb, Community Investment with offices on the 14th Floor, served as the presenter of this bill. The tax abatement referenced in this resolution was adopted on September 22nd 2014. The original private investment and jobs numbers have both been met and exceded. Anne Fischesser, attorney with Faegre Baker Daniels 202 S. Michigan Street, 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 1 st 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. The orginal commitment was for one $1,000,000 and Run - Faster -Run spent over $2,500,000 on the project. Originally it was only three (3) jobs pledged but sixteen (16) jobs now are present. Joe Hart, 501 West South Street and President of South Bend Cubs, confirmed they did not receive the paperwork for this and once we got the tax bill we paid everything and then began this process. There were no questions from the Council. No one from the public spoke either in favor of or opposition to the bill. Councilmember Gavin Ferlic made a motion to adopt Bill 16 -47. Councilmember Karen White seconded the motion which carried by a roll call vote of eight (8) ayes. BILLS FIRST READING 16 -53 FIRST READING ON AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING THE ZONING ORDINANCE, CHAPTER 21, ARTICLE 6, SECTION 21- 06.03(f)(12)(A) OF THE SOUTH BEND MUNICIPAL CODE TO ASSURE SIDEWALK ACCESSIBILITY FOR PERSONS WITH DISABILITIES NEAR SIDEWALK CAFES Councilmember Regina Williams- Preston made a motion to strike Bill 16 -53. Councilmember Dr. David Varner seconded the motion which carried by a voice vote of eight (8) ayes. 5