06-08-09 Community and Economic Development Committee

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Community and Economic Development Committee June 8, 2009 Page 2 Mr. Mathia noted that a "final inspection" of the home in question on Lot # 77 was completed in January 2008. Several deficiencies were noted and a Certificate of Occupancy was withheld as a result. As of the date of the report, Mr. Mathia reported that the Petitioner had not contacted the Building Department to re-inspect the home in question. The report concluded that if the building permit had not been issued, the petition would have met the qualifications for a five (5) year residential tax abatement under Section 2-77.1 of the South Bend Municipal Code addressing "Single-Family Residential Construction". The Committee could recommend to the Common Council that if the waiver set forth in Bill No. 09-41 is approved, then the Council could go forward with the Declaratory Resolution set forth in Bill No. 09-42. The Common Council could then withhold action on the Confirmatory Resolution pending the submission of evidence by the Petitioner to the Building Department that all deficiencies have been addressed and corrected; and evidence that a Certificate of Occupancy was been issued for the subject property by the Building Department. J. Bernard Feeney of Lang, Feeney & Associates, Inc., with offices located at 715 South Michigan Street in downtown South Bend made the formal presentation. Mr. Feeney confirmed that the petitioner Cleland Builders, Inc. used the property in question as a model home. He noted that they now have a contingent purchasers for the property, subject to approval of the tax abatement. Mr. Feeney further noted that the Building Department inspected the property today, and that a certificate of occupancy would be issued by the Building Department on Tuesday. In response to a question from Council Member Rouse, Mr. Feeney stated that the home in question was built in 2006.1 In response to a question from Council Member White, Mr. Feeney stated that all deficiencies have been addressed. Council Member Rouse stated that he has lots of questions with regard to the two (2) resolutions. He suggested that the Bills be sent to the Council without recommendation, and that in light of the time restraints that all questions be held until the 7 p.m. Council meeting. He stated that he is concerned that minimum taxes have been paid since the house was constructed; that it has been used as a business office for that period of time; and now the Petitioner is seeking even more tax relief. No public hearings on the Bills were held due to the lateness of the hour with the Committee meeting starting over an hour later then the scheduled starting time.