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HomeMy WebLinkAbout05-10-11 Redevelopment Commission Minutes SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING May 10, 2011 4:00 p.m. 227 West Jefferson Boulevard Presiding: Dr. David Varner, Vice President South Bend, Indiana 1. ROLL CALL Members Present: Dr. David Varner, Vice President Mr. Greg Downes Ms. Nancy King, Secretary Mr. Donald Alford Ms. Stephanie Spivey Members Absent: Ms. Marcia Jones, President Legal Counsel: Mr. Lawrence Meteiver, Esq. Redevelopment Staff Mr. Don Inks, Director Mrs. Cheryl Phipps, Recording Secretary Mr. Bill Schalliol, Economic Development Specialist Mr. David Relos, Economic Development Specialist Mr. Matthew Sikora, Economic Development Specialist Ms. Debrah Jennings, Property Manager Others Present: Mr. Tom Price, Mayor's Office Ms. Rita Kopala Ms. Linda Wolfson, Community Forum for Economic Dev Mr. Beene Veen, Prairie Salvage Ms. Tamara Nicholl-Smith, Downtown South Bend Ms. Patti Lesniewicz, Economic Development Ms. Mo Miller, Prism Science Mr. Randy Rompola, Baker& Daniels Mr. Jitin Kain„ Interim Executive Director, DTSB Ms. Peg Dalton Ms. Autumn Psaros, CB Richard Ellis 2. APPROVAL OF MINUTES A. Approval of Minutes of the Regular Meeting of Tuesday, April 26, 2011. Upon a motion by Mr. Downes, seconded by Mr. COMMISSION APPROVED THE MINUTES OF THE Alford and unanimously carried, the Commission REGULAR MEETING OF TUESDAY,APRIL 26, approved the Minutes of the Regular Meeting of 2011. Tuesday, April 26, 2011. South Bend Redevelopment Commission Regular Meeting—May 10, 2011 3. APPROVAL OF CLAIMS Redevelopment Commission Claims submitted May 10, 2011 for approval. 324 AIRPORT AEDA Abonmarche 10,300.00 Mayflower Rd Sanitary Sewer ARC 93.56 Trade Dr DHA 8,782.00 Data Realty Site Christopher B. Burke 483.00 236 Sample Ken Herceg I&Associates 500.00 Sheridan Ave &Lincoln Way West Design St. Joseph County Treasurer 16,983.18 2010 payment 2011 Property Taxes RC Meridian Title Corporation 250.00 Appraisal & Search&Exam Fee WITT Appraisal Services, Inc. 1,050.00 Russel George 1513 Chapin St. Appraisal of Residential Property Michael Appraisal Service 350.00 1518 S Scott Appraisal Blue Water Inc 59,447.04 Ignition Park Baker&Daniels 7,278.50 Ignition Park Hathaway 2 Inc. 7,994.93 Ignition Park 420 FUND TIF DISTRICT-SBCDA GENERAL NIPSCO 85.66 755 S Michigan St. South Bend Water Works 591.54 LaSalle Hotel Pest Control ARC 175.10 Cove Outfield Wall Christopher B. Burke 19,535.00 Erskine Detention Construction Observation Downtown South bend, Inc 18,625.00 Beautification Program Indiana Michigan Power 114.90 329 Lafayette Indiana Michigan Power 220.13 237 N Michigan St. 430 FUND SOUTH SIDE DEVELOPMENT TIF AREA 41 Lawson-Fisher Associates PC 36,994.32 South Main St to Lafayette Boulevard Connector 431 FUND SOUTH CENTRAL MEDICAL DISTRICT Baker&Daniels 1,462.00 Legal Services 436 FUND NORTHWEST RESIDENTIAL US Bank,N.A. 950.00 Admin/Paying Agent Fee 438 FUND COVELESKI BOND J.E.M Morris Construction, Inc 197,006.25 Coveleski Stadium $ 389,272.11 2 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 3. APPROVAL OF CLAIMS (CONT.) Upon a motion by Mr. Downes, seconded by Mr. Alford COMMISSION APPROVED THE CLAIMS and unanimously carried, the Commission approved the SUBMITTED MAY 10,2011,AND ORDERED Claims submitted May 10, 2011, and ordered checks to CHECKS TO BE RELEASED. be released. 4. COMMUNICATIONS There were no Communications. THERE WERE NO COMMUNICATIONS Mr. Inks asked that Item 6.A.(1) be moved up on the agenda to be considered at this time. There was no objection and the item was so moved. 6. NEW BUSINESS (CONT.) A. South Bend Central Development Area (1) Resolution No. 2874 continuing certain funds and accounts in connection with the Lease dated as of November 1, 1993, as amended, between the South Bend Redevelopment Commission and the South Bend Authority for the College Football Hall of Fame/Century Center Project and other related matters. Mr. Inks reported that the resolution before the Commission is related to the refinancing of the existing bonds with the Hall of Fame and Century Center. We've tried to market the Hall of Fame and find a new tenant for it. In so doing, the current tax exempt bonds are a stumbling block. We cannot put a for-profit business in there with the tax exempt bonds in place. Non-profit agencies may be eligible. Refinancing of these two bonds would open up our ability to negotiate with different companies for the use of that building. The refinancing would restructure the bonds from tax exempt to taxable. The interest rate 3 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 6. NEW BUSINESS (CONT.) A. South Bend Central Development Area (1) continued... environment now is very favorable. The rates for taxable are lower today than the tax- exempt rates were when we issued the bonds. We hope this will be the case when the bonds are actually sold. The Century Center bonds are simply being refunded to achieve a lower interest rate. In combining these two refundings into one bond issue, we'll have a Series A for the Hall of Fame and Series B for Century Center. That should also result in some cost savings by sharing the issuance costs. Resolution No. 2874 recognizes that transaction as moving ahead and the lease the Commission has between us and the Redevelopment Authority for those two facilities will need to be amended based on the new payment schedule for the bonds that will be issued. Mr. Randy Rompola of Baker& Daniels added that the resolution also then continues the funds and accounts that are in place for the Century Center bonds and the Hall of Fame bonds so that we have revenue streams in place to pay those bonds. There has been a tax rate in place on the Hall of Fame bonds on the levy and this resolution just continues the course. Mr. Inks noted that the maturity dates on the bonds are not being changed, but are the original maturity dates: 2018 on both bonds. There are no additional funds being generated. This is a straight forward refunding where the savings will be realized in lower payments on the bonds. 4 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 6. NEW BUSINESS (CONT.) A. South Bend Central Development Area (1) continued... Mr. Varner asked what interest rate was expected for the bonds. Mr. Rompola responded that the the rates are expected to be between three and four percent for Century Center and four and five percent for the Hall of Fame, subject to the bond market at the time of sale. Mr. Downes disclosed that he is a Century Center Board member. He does not believe that constitutes a conflict of interest. Mr. Meteiver agreed that is not. Upon a motion by Ms. King, seconded by COMMISSION APPROVED RESOLUTION No.2874 Mr. Downes and unanimously carried, the CONTINUING CERTAIN FUNDS AND ACCOUNTS IN Commission approved Resolution No. 2874 CONNECTION WITH THE LEASE DATED AS OF NOVEMBER 1, 1993,AS AMENDED,BETWEEN continuing certain funds and accounts in THE SOUTH BEND REDEVELOPMENT connection with the Lease dated as of COMMISSION AND THE SOUTH BEND AUTHORITY November 1, 1993, as amended, between the FOR THE COLLEGE FOOTBALL HALL OF South Bend Redevelopment Commission and FAME/CENTURY CENTER PROJECT AND OTHER the South Bend Authority for the College RELATED MATTERS. Football Hall of Fame/Century Center Project and other related matters. 5. OLD BUSINESS A. Airport Economic Development Area (1) Resolution No. 2872 approving and accepting a counteroffer for the acquisition of property in the Airport Economic Development Area (1504-1514 Prairie Ave.) Mr. Relos noted that on April 12 the Commission approved the offering price for 5 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 5. OLD BUSINESS (CONT.) A. Airport Economic Development Area (1) continued... this property at $63,950, which is the average value as determined by two independent appraisals. He distributed maps showing where Prairie Salvage is located , where the Commission currently owns property nearby, and nearby properties that staff is in the process of negotiating for and anticipates acquiring. The owners of Prairie Salvage have made a counter offer of$104,000. They feel this value is more appropriate for their long standing business location, which includes three parcels of land: - a 922 square feet house in good condition with full basement - 7,200 square feet of various retail and storage buildings. Land value alone for these properties is $32,000. In addition to the acquisition price of $104,000 for this property, relocation and moving expenses of$246,000 are needed: Mr. Relos said that $246,000 for relocation and moving expenses may seem high, but there is a lot of equipment, shelving and upholstery fabric to be moved and set up: - $65,000 to move large amounts of fabric, equipment, shelving, and its set up at the new location -$181,000 to acquire and remodel the new location on State Road 2 just west of town 6 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 5. OLD BUSINESS (CONT.) A. Airport Economic Development Area (1) continued... (the old Jeep Acres property). Staff feels the total acquisition, relocation, and moving costs of$350,000 for this property is reasonable, and asks for approval of Resolution No. 2872 accepting the counter offer of$104,000 and approving relocation expenses of$246,000. Ms. King inquired as to whether the new property was within the City of South Bend. Mr. Relos responded that it is just outside of the city. Ms. King also asked what the cost was of the new buildings. Mr. Relos noted the cost is $285,000 or $290,000. The property contains a house as did the Prairie Salvage location. The building space is approximately 10,000 sq. ft. They currently have 7,000 sq. ft. The clarifications was made that the city is paying Prairie Salvage $104,000 towards the purchase of the new property. Mr. Downes asked when Prairie Salvage was added to the acquisition list. Mr. Relos responded that it was May 21, 2010, when we added the properties along the north side of Indiana from Taylor to Prairie. Mr. Inks added that when we applied for the Certified Technolgy Park with the State, we told them that we were in the process of acquiring property on the north side of Indiana and also to the east of Franklin Street. The tech park agreement provides that once the Commission acquires, 7 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 5. OLD BUSINESS (CONT.) A. Airport Economic Development Area (1) continued... demolishes and owns that property that the State will agree that those can be brought into the tech park. Ms. King asked if the area that we're looking at now is it being used for the tech-park or complimentary businesses. Mr. Relos answered yes it will eventually be part of the tech park, but everything south of the tracks was envisioned as being for supporting services to the tech-park. That one block strip north of Indiana Avenue has always been weak residential dating back to the Rum Village study done in 1985. The idea is to clean up the north side and stabilize the south side of Indiana and the Rum Village neighborhood to the south. Acquisition of the north side of Indiana would also allow us to expand Ignition Park from 85acres to closer to 140 acres. Ms. King questioned how often we relocate businesses outside of the city? Mr. Relos responded that we certainly try not to, but there have been some relocations that are outside South Bend. He gave Discount Rentals from Sample Street which consolidated its operation to its Mishawaka property when we relocated them. The owners of Prairie Salvage live in Michigan City and travel to South Bend every day. They thought the location on State Road 2 would be ideal. Ms. King asks if we've looked inside the 8 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 5. OLD BUSINESS (CONT.) A. Airport Economic Development Area (1) continued... City for relocation of this property. Mr. Relos stated that the Economic Development office has not. We leave that up to the business to find a location that fits their needs. We hope it's inside the city limits. Mr. Downes added that he also has a problem with the relocation outside of the city limits. He is not convinced that a good faith effort has been made to relocate this business within the City of South Bend. He has no problem at all with acquiring this property and paying the costs to relocate them but does have a problem if it's not in the city limits, and there's not been a good faith effort to find a suitable place within the city limits. We are the Redevelopment Commission for the City of South Bend. We're not the Redevelopment Commission of St. Joseph County. Mr. Varner agreed and said he disagrees that it is necessary to acquire the property at this time. He would like to leave the property as it is until more development occurs in Ignition Park and this property is bought privately. Mr. Relos noted the uniqueness of the property in that it contains a house and a business and the owners needs to find property with a home to go along with it. Ms. King agrees with Mr. Downes. She doesn't have a problem with relocating the business but is concerned about them 9 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 5. OLD BUSINESS (CONT.) A. Airport Economic Development Area (1) continued... relocating outside the City of South Bend. Mr. Varner asked what the house is used for now. Mr. Relos responded that it is used for a disabled brother. But the owners also have a house in Michigan City. They want to move here so they don't have to commute back and forth. Mr. Downes inquired whether the house has to be on the same exact grounds. Mr. Relos responded that it does not. Ms. Spivey wanted to be on record that she agrees with Mr. Downes and Ms. King that we should try to relocate them in South Bend. Upon a motion by Mr. Downes, seconded by COMMISSION TABLED RESOLUTION No.2872 TO Ms. King and unanimously carried, the GIVE STAFF TIME TO LOOK FOR A LOCATION Commission tabled Resolution No. 2872 to WITHIN SOUTH BEND CITY LIMITS FOR PRAIRIE SALVAGE give staff time to look for a location within South Bend city limits for Prairie Salvage. 6. NEW BUSINESS (2) Proposal for demolition and site reconstruction of 306 W. Monroe Street (Michiana Lock& Key) Mr. Schalliol noted that staff solicited a multi-step professional service proposal with five components related to demolition and site reconstruction of the former Michiana Lock& Key property. Michiana Lock& Key is moving to E. Jefferson St. in the East Bank. The City of South Bend wants to be as 10 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 6. NEW BUSINESS (CONT.) A. South Bend Central Development Area (2) continued... pro-active as possible with the demolition. As soon as Michiana Lock& Key are out, we want to tear it down. Some environmental assessment and geo-site testing needs to be done to ready the site for reconstruction as part of the Coveleski Stadium redesign. . The local rumor is that there is a train car buried under the parking lot of Michiana Lock& Key. If there is, then some testing needs to be done to better understand what's there. Wightman Petrie submitted a proposal in the amount of$13,500. Staff request approval of a non-to-exceed amount of$15,000 in case there are unforeseen expenses Upon a motion by Ms. King, seconded by COMMISSION APPROVED PROPOSAL FROM Mr. Downes and unanimously carried, the WIGHTMAN PETRIE FOR ENVIRONMENTAL Commission approved proposal from ASSESSMENT AND GEO-SITE TESTING OF Wightman Petrie for environmental 306 W.MONROE STREET FOR AN AMOUNT assessment and geo-site testing of 306 W. NOT TO EXCEED$15,000. (MICHIANA LOCK Monroe Street for an amount not to exceed &KEY) $15,000. (Michiana Lock& Key). (3) Notice of Renewal of Agreement with Robert Bradley Associates, LLC c/b/a CB Richard Ellis Bradley for management of the Redevelopment Retail properties. Ms. Jennings noted that the initial property management agreement with CB Richard Ellis for managing the Commission's redevelopment retail properties authorizes successive one-year renewals of the agreement. This renewal begins February 1, 11 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 6. NEW BUSINESS (CONT.) A. South Bend Central Development Area (3) continued... 2011, and ends January 31, 2012, and has the same terms as the initial agreement: 117 E. Wayne St., $200 per month or 5% of the gross revenues, whichever is greater; 118- 131 S. Michigan St. is $625 per month or $5% of the gross revenues collected, whichever is greater; Leighton Plaza Courtyard at 130 S. Main St. will be a flat $75 per month, and an 8% fee for the leasing agent. Staff recommends approval of the agreement. Upon a motion by Mr. Downes, seconded by COMMISSION APPROVED NOTICE OF RENEWAL Mr. Alford and unanimously carried, the OF AGREEMENT WITH ROBERT BRADLEY Commission approved Notice of Renewal of ASSOCIATES,LLC C/B/A CB RICHARD ELLIS BRADLEY FOR MANAGEMENT OF THE Agreement with Robert Bradley Associates, REDEVELOPMENT RETAIL PROPERTIES. LLC c/b/a CB Richard Ellis Bradley for management of the Redevelopment Retail properties. (4) Fourth Amendment of Lease between the South Bend Redevelopment Commission and LePeep, Inc. dated May 10, 2011. Ms. Jennings noted the LePeep lease expires October 31, 2012. However, as part of a partner buy-out, a five-year lease must be executed which would go through October 31, 2017. Terms will remain the same except for the annual base rent of $24,000 and will end with the annual base rent of$36,000. Ms. King asked amount of current rent and Ms. Jennings responded $2,500 per month. Mr. Inks noted that in the early years of this 12 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 6. NEW BUSINESS (CONT.) A. South Bend Central Development Area (4) continued... lease there is a decrease from what they are currently paying (a$500 decrease per month for the first year). At the end of the term of this lease the monthly rent would increase by $1,000. Staff recommends approval. Upon a motion by Mr. Downes, seconded by COMMISSION APPROVED THE FOURTH Ms. King and unanimously carried, the AMENDMENT OF LEASE BETWEEN THE SOUTH Commission approved the Fourth BEND REDEVELOPMENT COMMISSION AND amendment of Lease between the South LEPEEP,INC.DATED MAY 10,2011 Bend Redevelopment Commission and LePeep, Inc. dated May 10, 2011 (5) Assignment of Lease by Lessee (127 S. Michigan Street, LePeep of South Bend, LLC to 1st Source Bank) Upon a motion by Mr. Downes, seconded by COMMISSION APPROVED THE ASSIGNMENT OF Ms. King and unanimously carried the LEASE BY LESSEE(127 S.MICHIGAN STREET, Commission approved the Assignment of LEPEEP OF SOUTH BEND,LLC TO 1sT SOURCE Lease by Lessee (127 S. Michigan Street BANK LePeep of South Bend, LLC to 1st Source Bank) (6) Disclaimer and Waiver of Real Estate Interest (127 S. Michigan Street, LePeep) Upon a motion by Mr. Downes, seconded by COMMISSION APPROVED THE DISCLAIMER AND Ms. King and unanimously carried, the WAIVER OF REAL ESTATE INTEREST(127 S. Commission approved the Disclaimer and MICHIGAN STREET,LEPEEP) Waiver of Real Estate Interest(127 S. Michigan Street, LePeep) (7) Lease proposal for Imagine That (Holiday Pop-Up Program Participant) 13 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 6. NEW BUSINESS (CONT.) A. South Bend Central Development Area (7) continued... Mr. Inks noted that the Commission has vacancies in its retail space. Staff is trying to be creative in structuring some things to minimize our out-of-pocket costs over the next year. Ms. Nicholl-Smith noted that staff in the Community and Economic Development Department has reviewed the lease situation for 117 S. Michigan Street and is recommending the following: - 117 S. Michigan is a 1,106 SFT storefront that has not been rented since the Dhanwantari Yoga place moved out. The asking price for storefronts in the Michigan Street Shops building is $11.00 per square foot, plus CAM of$4.92/SF for a total PSF price of$16 plus utilities, however the most recent lease for 131 S. Michigan was signed at a reduced rate of$4.49 SF for rent plus $4.92 in CAM for a total of$9.41/SF. - The building currently has 3 unrented spaces 123, 121, and 117 S. Michigan. Regardless of whether or not 117 S. Michigan is occupied, the city has a fixed cost equal to the CAM $4.92 PSF x 1,106 = $5,441.52 per year or $453.46 per month). The proposal below promises to, at the very least, cover the fixed expenses of the building and works towards doing more than this by the end of the lease term. Imagine That is a Holiday Pop-Up Shop that 14 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 was fairly well received over the holidays 6. NEW BUSINESS (CONT.) A. South Bend Central Development Area (7) continued... shopping period. The owner is ready for a next small step, but not a full blown lease. As soon as she knows she's here then she will be able to pull the trigger on some partnerships that she's been working in the background. Staff thinks some income from the property is better than none. Assumptions: - The building owner will need to pay the fixed costs regardless of whether or not the space is occupied - The goal of the building owner, is not only to make money on the building, but also to help enliven the downtown by bringing the types of businesses that are in line with the retail plan for downtown - The downtown is better off with Imagine That! in the space than without them in the space - Even at paying utilities and 10%, Imagine That! Will need to reach a certain sales threshold to make this venture a profitable one for their business. In this way, the interests of the property owner and the business owner are tied together. The Proposal: - The terms of this proposed lease are 12 months. - The proposed start date is June 1, 2011 Imagine That! will pay all the utilities on the space - Imagine That! will pay 10% of their gross sales, or a minimum of$453.46 per month to 15 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 be phased in over the first few months of 6. NEW BUSINESS (CONT.) A. South Bend Central Development Area (7) continued... their lease as follows: Month(s) The greater of 10% of gross sales, or a minimum of- 1 $150 2 $200 3 $250 4 $300 5 $400 6-12 $453.46 This 10% of total sales will be considered rent and CAM. There will be no cap, thus while the property owner takes a risk on the low end, the business owner takes a risk on the high end. Imagine That! agrees that based on a 6 day week, they will work to achieve the following sales goals: - $200 per day or $4,800 per month by the end of the 1st six months of the lease term (This will cover the fixed cost of the CAM of 453.46 as the payments would reach $480) - $300 per day or $7,200 per month by the end of the 2nd six months of the lease term. (This will cover the fixed cost of the CAM of 453.46 as the payments would reach $720) Imagine That! Has the option to terminate the lease at any point with a written letter and 30-day notice. 16 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 The Commission would have the option to 6. NEW BUSINESS (CONT.) A. South Bend Central Development Area (7) continued... terminate the lease with a written letter and 30-day notice if - Imagine That! falls short of their sales goals for an extended period of time, or - The broker is able to first fill at least one of the two larger available spaces (121 or 123 S. Michigan) and then is able to produce a tenant for 117 S. Michigan who has signed a 2-year lease at a rate higher than the Imagine That! Agreement and put a deposit down. At the end of the 12 month term, Imagine That! will have the option to continue their lease term at terms no less than the terms for the lease for 131 S. Michigan Street' for a period of one year. Staff seeks approval from the Redevelopment Commission to work through the details of a 12-month lease based upon the above proposal. Mr. Varner asked whether their rent per square foot was going to be cheaper than what other shops are paying on Michigan Street. Ms. Nicholl-Smith responded that it will. However, she believes the presence of retail helps other retail She did speak with Bombay International and their response was to do what it takes to get Imagine That! in. Upon a motion by Ms. King, seconded by COMMISSION APPROVED LEASE PROPOSAL FOR 17 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 Mr. Downes and unanimously carried, the IMAGINE THAT(HOLIDAY POP-UP PROGRAM 6. NEW BUSINESS (CONT.) PARTICIPANT). A. South Bend Central Development Area (7) continued... Commission approved the lease proposal for Imagine That (Holiday Pop-Up Program Participant). B. Airport Economic Development Area (1) Additional relocation costs related to Sinco Pool. Mr. Relos noted that there are additional expenses related to the relocation of Sinco Pool from East Sample to the corner of South Michigan and Dayton Streets as part of the Ivy Tech expansion plan. The owner used great care to only include items for his relocation he thought he would need. While going through the process of getting the needed permits for his relocation, the Fire Department raised issues with the chemicals he uses. Because the department could not explicitly tell him what issues needed to be dealt with, he had to hire an outside firm to sort through the state and local regulations. In addition, he was required to install additional items not originally planned, including fire suppression and monitoring equipment. These requirements have substantially hindered Sinco's move to its new location, and have cost Sinco $6,884 in extra costs. Under our relocation policy, these costs could have been included in the amount paid. Staff believes Sinco put forth their best 18 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 efforts in estimating the amount needed to 6. NEW BUSINESS (CONT.) B. Airport Economic Development Area (1) continued... relocate, and requests approval of these minimal additional costs. Upon a motion by Mr. Downes, seconded by COMMISSION APPROVED ADDITIONAL Ms. King and unanimously carried, the RELOCATION COSTS IN THE AMOUNT OF$6884 Commission approved additional relocation TO SINCO POOL costs in the amount of$6884 to Sinco Pool. (2) Authorization to hire expert witness for Studebaker Insurance Recovery Litigation Mr. Inks noted that two expert witnesses are needed for the Studebaker Insurance Recovery Litigation. Plews Shadley Racher & Braun, the consultants the city has hired to pursue some of the environmental issues in Studebaker Corridor, has identified two consultants to be hired as witnesses at a cost not to exceed $55,000. Staff recommends authorizing their hiring so that we can continue to pursue our environmental claim against the former owners of the property. Upon a motion by Mr. Downes, seconded by COMMISSION AUTHORIZED THE HIRING OF Ms. King and unanimously carried, the EXPERT WITNESS FOR STUDEBAKER INSURANCE Commission authorized the hiring of expert RECOVERY LITIGATION witness for Studebaker Insurance Recovery Litigation. C. West Washington-Chapin Development Area There was no business in the West Washington- Chapin Development Area. 19 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 6. NEW BUSINESS (CONT.) D. South Side Development Area (1) Resolution No. 2873 approving and authorizing the execution of an amendment to the Addendum to the Master Agency Agreement (Main- Lafayette Connector Design Project— Supplement #2) Mr. Schalliol noted that the Commission approved Resolution No. 2838 in February 2011 authorizing right-or-way acquisition for the Main-Lafayette Connector project. Subsequent to that approval, the scope of the state law changed and the scope of the project changed. We will now be acquiring only three parcels, not seven, but will need an additional person on the team, at a cost of $18,900. However, the total cost for the project will be less. Staff requests approval of Resolution No. 2873 and Supplement#2 to the Main-Lafayette Connector project. Upon a motion by Mr. Downes, seconded by COMMISSION APPROVED RESOLUTION No.2873 Ms. King and unanimously carried, the APPROVING AND AUTHORIZING THE EXECUTION Commission approved Resolution No. 2873 OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT(MAIN- approving and authorizing the execution of LAFAYETTE CONNECTOR DESIGN PROJECT- an amendment to the Addendum to the SUPPLEMENT#2). Master Agency Agreement (Main-Lafayette Connector Design Project— Supplement#2). E. Northeast Neighborhood Development Area There was no business in the Northeast Neighborhood Development Area. F. Douglas Road Economic Development Area There was no business in the Douglas Road 20 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 Economic Development Area. 6. NEW BUSINESS (CONT.) G. Other (1) Extension and Expansion Addendum to Agreement for programs and services with Urban Enterprise Association of South Bend, Inc. (Facade matching grant program) (Western Avenue, Miami Street and Lincolnway West). Mr. Inks noted that there is an opportunity to do a Facade Grant on Lincolnway West to facilitate the expansion of a local business. The Miami Street and Western Avenue Facade Grant programs have about $41,000 remaining. The Urban Enterprise Association is requesting the money be moved from those areas to Lincolnway West to facilitate the project there. These are remaining funds from a program that was funded on an annual basis through the city's budget but in the last two or three years it has not received any funding they are not anticipated to be needed by the respective facade grant programs. These are remainder funds we are trying to use up and we think we have a good project on Lincolnway and we want to use the money there. Ms. Spivey asked where the UEA receives its funding. Mr. Inks replied that UEA has at least two funding sources; the money they generate themselves (local beneficiaries) and the City of South Bend funds that flow through the Redevelopment Commission to the UEA. And it is those funds that came through the Commission that we're talking about today ($41,000). Mr. Varner asked if UEA administered the 21 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 program and is it who is asking to move the 6. NEW BUSINESS (CONT.) G. Other (1) continued... funds to the Lincolnway program. Mr. Inks responded yes. Gene's Camera Shop has the opportunity to expand its site and this would help with that expansion. Upon a motion by Mr. Downes, seconded by COMMISSION APPROVED THE EXTENSION AND Ms. King and unanimously carried, the EXPANSION ADDENDUM To AGREEMENT FOR Commission approved the Extension and PROGRAMS AND SERVICES WITH URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND,INC. Expansion Addendum to Agreement for (FACADE MATCHING GRANT PROGRAM) programs and services with Urban Enterprise (WESTERN AVENUE,MIAMI STREET AND Association of South Bend, Inc. (Facade LINCOENWAY WEST). matching grant program) (Western Avenue, Miami Street and Lincolnway West). H. Ratification of Service Contracts Commission Role in Service Contract Staff Transaction Contractor Provided Amount Member 1518 S Chapin Acquisition Michaels Appraisal $350 Relos Appraisal Services 1518 S Chapin Acquisition WittAppraisal Appraisal $350 Relos Services 1513 S Chapin Acquisition Witt Appraisal Appraisal $350 Relos Services 1513 S Chapin Acquisition Michaels Appraisal $350 Relos Appraisal Services 1518 S Chapin Acquisition Meridian Title Appraisal $150 Relos Corp Vacant city block Disposition R.E. Pitts Appraisal $1,950 Sikora bounded by Taylor, Wayne, Western& 22 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 1 William I I I I 1 1 6. NEW BUSINESS (CONT.) H. Ratification of Services Contracts continued... Vacant city block Disposition David Waszak Appraisal $2,190 Sikora bounded by Taylor, Appraisals Wayne, Western& William 502 Western Ave Disposition R.E. Pitts Appraisal $1,650 Sikora 502 Western Ave Disposition R.E. Pitts Appraisal $2,190 Sikora 921 N Bendix Acquisition Abonmarche Survey $1,680 Sikora Upon a motion by Mr. Downes, seconded by Ms. COMMISSION RATIFIED THE SERVICES King and unanimously carried, the Commission CONTRACTS APPROVED BY STAFF SINCE APRIL ratified the Services Contracts approved by staff 26,2011. since April 26, 2011. I. Temporary Use Agreements Use/Agency Lot Event Dates of Use Urban Garden Market Vacant lot at 1025 Open-Air Saturdays, June 11- Bendix Dr Farmers' Market October 22, 2011, 8:00 a.m., to 2:00 p.m. The Public Education 121 South St. Our Towne September 24, 2011, Foundation Joseph Street Truck Pull 8:00 a.m. — 6:00 p.m. Upon a motion by Mr. Downes, seconded by Ms. COMMISSION APPROVED THE TEMPORARY USE King and unanimously Carried, the Commission AGREEMENTS. approved the Temporary Use Agreements. 7. PROGRESS REPORTS There was no report. PROGRESS REPORTS 8. NEXT COMMISSION MEETING The next Regular Meeting of the Redevelopment NEXT COMMISSION MEETING Commission is scheduled for Tuesday, May 24, 2011, at 4:00 p.m. 23 South Bend Redevelopment Commission Regular Meeting—May 10, 2011 9. ADJOURNMENT There being no further business to come before the ADJOURNMENT Redevelopment Commission, Mr. Downes made a motion that the meeting be adjourned. Ms. King seconded the motion and the meeting was adjourned at 4:48 p.m. tj L 24