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HomeMy WebLinkAbout02-18-05 Redevelopment Commission MinutesC SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING February 18, 2005 10:00 a.m. Presiding: Karl G. King, Vice President 1. ROLL CALL Members Present: Members Absent: Legal Counsel: 227 West Jefferson Boulevard South Bend, Indiana Mr. Karl King, Vice President Mr. Robert W. Hunt, Secretary Mr. Greg Downes Ms. Marcia Jones, President Mr. Hardie Blake, Jr. Ms. Cheryl Greene, Esq. Redevelopment Staff: Mr. Bill Schalliol, Economic Development Specialist Ms. Pamela Morris, Recording Secretary Mr. Robert Mathia, Economic Development Specialist Mr. Tim Williams, Economic Development Specialist Others Present: Ms. Pam Paluszewski, Legal Dept. Mr. William Hentschel Mr. A. J. Patel Mr. N. J. Patel Mr. David J. Sassano Mr. William A. Geyer Ms. Ann Puzzello Mr. Matthew Kahn, DTSB Ms. Laura Guy, DTSB Mr. John Quickstad, Blackthorn Golf Club Mr. Scott Nissley, Meadowbrook Golf Group Mr. Tim Firestone, Blackthorn Golf Club 2. APPROVAL OF MINUTES There were no Minutes for approval. 3. APPROVAL OF CLAIMS THERE WERE NO MINUTES FOR APPROVAL. Redevelopment Commission Claims submitted February 18, 2005 for approval. FUND 305 SBCDA 2003 BOND ADG Inc. $ 5,035.69 First Source Bank / HG Christman Construction 20,393.00 ILI Co. HG Christman Construction Co. 183,535.00 Studebaker National Museum LM G South Bend Redevelopment Commission Regular Meeting — February 18, 2005 3. APPROVAL OF CLAIMS (CONT.) 324 FUND - AIRPORT DLZ 8,145.00 414 SAMPLE -EWING Plews Shadley Racher & Braun 7,819.23 DHA 1,178.50 Schopf & Weiss 49.00 Danch Harper 1,178.50 420 SBCDA Grauvogel & Associates 800.00 CB Richard Ellis South Bend 965.54 Rose Exterminator 80.00 Lehman & Lehman 992.02 Danch, Harper & Associates 1,350.00 Cornerstone Consulting, LLC 412.60 JP Morgan Chase Bank 300.00 422 WEST WASHINGTON TIF Grauvogel & Associates 697.50 428 FUND AIRPORT 2003 BOND St. Joseph County Treasurer 2,964.34 St. Joseph County Police 141.84 $ 236,037.76 Upon a motion by Mr. Hunt, seconded by Mr. Downes and unanimously carried, the Commission approved the Claims submitted February 18, 2005, and ordered checks to be released. 4. COMMUNICATIONS There were no Communications. COMMISSION APPROVED THE CLAIMS SUBMITTED JULY 16, 2005, AND ORDERED THE CHECKS TO BE RELEASED. THERE WERE NO COMMUNICATIONS South Bend Redevelopment Commission Regular Meeting — February 18, 2005 5. OLD BUSINESS A. Airport Economic Development Area (1) Commission approval requested for Authorization for Entry upon Public Property for Site Development. (Lot 2A, Toll Road Industrial Park) Mr. Schalliol requested that Item 5.A.(1) be moved further down the agenda to be preceded by an additional transaction. There were no objections and the Commission moved Item 5.A.(1) further down the agenda. 6. NEW BUSINESS A. Public Hearing (1) Public Hearing on Resolution No. 2128 amending the Northeast Neighborhood Development Area Development Plan. Mr. Schalliol advised that the Public Hearing file was complete and requested the following items be entered into the record: (1) Copy of the Notice of Hearing; (2) Affidavits from the Tri County News and South Bend Tribune that the Notice of Public Hearing was published in those newspapers on February 4, 2005; (3) Copy of Resolution No. 2128; (4) A statement from Mr. Laurent that on January 31, 2005, copies of the Notice of Public Hearing were sent to the affected property owners and registered neighborhood associations; and (5) As of 10:00 a.m. this morning, no written remonstrances were received. Ms. Greene noted that amendment of a development plan is governed by I.C. 36 -7- 14 -17.5. Under this section of the Code, the G THERE WAS NO OLD BUSINESS COMMISSION MOVED ITEM 5.A.(I) FURTHER DOWN THE AGENDA. South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) A. Public Hearings (1) continued... Commission is not required to have evidence or make findings that were required for the establishment of the original development area. However, the Commission is required to make the following findings before approving the amendment: (1) The amendment is reasonable and appropriate when considered in relation to the original resolution, plan and purposes of I.C. 36 -7 -14, and (2) The resolution or plan, with the proposed amendment, conforms to the comprehensive plan for the City. Resolution No. 2128 includes this language and accordingly, adoption by the Commission would satisfy the requirements of the statute. In addition, the Commission is required to consider any written remonstrances that are filed during the filing period specified in the notice. Ms. Greene reported that Resolution No. 2128 adds three (3) properties to the Commission's acquisition list for the Northeast Neighborhood Development Area. The Northeast Neighborhood Development Area was previously designated as an area that is blighted and subject to the Northeast Neighborhood Development Plan. These three properties are located at 604 through 608 N. Hill Street and 613 South Bend Avenue. The properties are currently owned by Kay Equipment & Supply Company, Inc. The overall goal with respect to acquisition of these properties is to accomplish the comprehensive plan that the Commission has laid out for the Northeast Neighborhood G AWIN South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) A. Public Hearings (1) continued... Development Area, and ultimately to also facilitate relocation of an existing business that finds itself currently landlocked to a new site in the Sample -Ewing Development Area within the City of South Bend. The development plan for the area can not be accomplished without the acquisition of these three properties. Mr. King opened the Public Hearing on Resolution No. 2128 and asked if there was anyone from the public who wished to speak in favor or against the resolution. There being no one from the public wishing to speak regarding Resolution No. 2128, Mr. King closed the Public Hearing for whatever action the Commission wished to take. (2) Commission approval requested for Resolution No. 2128. PUBLIC HEARING ON RESOLUTION NO. 2128 Upon a motion by Mr. Downes, seconded by COMMISSION APPROVED RESOLUTION No. 2128 Mr. Hunt and unanimously carried, the AMENDING THE NORTHEAST NEIGHBORHOOD Commission approved Resolution No. 2128 DEVELOPMENT AREA DEVELOPMENT PLAN. amending the Northeast Neighborhood Development Area Development Plan. (3) Public Hearing on Resolution No. 2136 determining to appropriate monies for the purpose of defraying the expenses of certain local public improvements for the fiscal year beginning January 1, 2005 and ending December 31, 2005 including all outstanding claims and obligations, fixing 5 South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) A. Public Hearings (3) continued... a time when the same shall take effect. (Blackthorn Golf Course) Mr. Schalliol advised that the Public Hearing file was complete and requested the following items be entered into the record: (1) Copy of the Notice of Hearing; (2) Affidavits from the Tri County News and South Bend Tribune that the Notice of Public Hearing was published in those newspapers on February 4, 2005; and (3) Copy of Resolution No. 2136. Mr. Tim Firestone, General Manager of Blackthorn Golf Club, reported that 2004 was a terrific year for the golf club with the third best revenue ever. A tenth year anniversary celebration included a great week of different events. Blackthorn management is pleased with where they are in the community and what has been accomplished. Blackthorn has been able to hold its market share with the numerous golf courses being built within a sixty mile radius over the past ten years. Blackthorn is moving forward with the 2005 budget, basically a very conservative budget with numbers that management is confident to meet and exceed. The 2005 budget shows a three to five percent increase over the 2004 budget numbers. Mr. Hunt advised that the Joint Committee did review and approve the 2005 Blackthorn Golf Club budget. G, 6 South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) A. Public Hearings (3) continued... Mr. King opened the Public Hearing on Resolution No. 2136 and asked if there was anyone from the public who wished to speak in favor or against the resolution. There being no one from the public wishing to speak regarding Resolution No. 2136, Mr. King closed the Public Hearing for whatever action the Commission wished to take. (4) Commission approval requested for Resolution No. 2136. Mr. Hunt congratulated Blackthorn management on making the 2004 budget numbers and proposing a conservative plan for the 2005 budget year. Upon a motion by Mr. Downes, seconded by Mr. Hunt and unanimously carried, the Commission approved Resolution No. 2136 determining to appropriate monies for the purpose of defraying the expenses of certain local public improvements for the fiscal year beginning January 1, 2005 and ending December 31, 2005 including all outstanding claims and obligations, fixing a time when the same shall take effect. (Blackthorn Golf Course) (5) Public Hearing on Resolution No. 2138 approving a supplemental appropriation resolution of the City of South Bend Redevelopment Commission. (Sample - Ewing Development Area) 7 PUBLIC HEARING ON RESOLUTION NO. 2136 COMMISSION APPROVED RESOLUTION NO. 2136 DETERMINING TO APPROPRIATE MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF CERTAIN LOCAL PUBLIC IMPROVEMENTS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2005 AND ENDING DECEMBER 31, 2005 INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. (BLACKTHORN GOLF COURSE) South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) A. Public Hearings (5) continued... Mr. Schalliol advised that the Public Hearing file was complete and requested the following items be entered into the record: (1) Copy of the Notice of Hearing; (2) Affidavits from the Tri County News and South Bend Tribune that the Notice of Public Hearing was published in those newspapers on February 4, 2005; (3) Copy of Resolution No. 2129; and (4) Copy of Supplemental Appropriation Resolution No. 2138. Mr. Schalliol reported that Resolution No. 2138 is related to the TIF Allocation Ic Fund for the Sample -Ewing Development Area. The amount of funds in the Allocation Fund proposed to be expended for said expenses incurred by the Commission is Six Hundred Ten Thousand Eight Hundred Eight Dollars ($610,808). Mr. King opened the Public Hearing on PUBLIC HEARING ON RESOLUTION No. 2138 Resolution No. 2138 and asked if there was anyone from the public who wished to speak in favor or against the resolution. There being no one from the public wishing to speak regarding Resolution No. 2138, Mr. King closed the Public Hearing for whatever action the Commission wished to take. 8 South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) A. Public Hearings (6) Commission approval requested for Resolution No. 2138. Upon a motion by Mr. Downes, seconded by Mr. Hunt and unanimously carried, the Commission approved Resolution No. 2138 approving a supplemental appropriation resolution of the City of South Bend Redevelopment Commission. (Sample - Ewing Development Area) (7) Public Hearing on Resolution No. 2139 approving a supplemental appropriation resolution of the City of South Bend Redevelopment Commission. (Downtown Medical Services District) Mr. Schalliol advised that the Public Hearing file was complete and requested the following items be entered into the record: (1) Copy of the Notice of Hearing; (2) Affidavits from the Tri County News and South Bend Tribune that the Notice of Public Hearing was published in those newspapers on February 4, 2005; (3) Copy of Resolution No. 2130; and (4) Copy of Supplemental Appropriation Resolution No. 2139. Mr. Schalliol reported that Resolution No. 2139 is related to the TIF Allocation Fund for the Downtown Medical Services District. The amount of funds in the Allocation Fund proposed to be expended for said expenses incurred by the Commission is Eight Hundred Fifty Three Thousand Six Hundred Eighty Nine Dollars ($853,689). C; 9 COMMISSION APPROVED RESOLUTION NO. 2138 APPROVING A SUPPLEMENTAL APPROPRIATION RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION. (SAMPLE - EWING DEVELOPMENT AREA South Bend Redevelopment Commission fbp� Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) A. Public Hearings (7) continued... Mr. King opened the Public Hearing on Resolution No. 2139 and asked if there was anyone from the public who wished to speak in favor or against the resolution. There being no one from the public wishing to speak regarding Resolution No. 2139, Mr. King closed the Public Hearing for whatever action the Commission wished to take. (8) Commission approval requested for Resolution No. 2139. Upon a motion by Mr. Downes, seconded by Mr. Hunt and unanimously carried, the Commission approved Resolution No. 2139 approving a supplemental appropriation resolution of the City of South Bend Redevelopment Commission. (Downtown Medical Services District) (9) Public Hearing on Resolution No. 2140 approving a supplemental appropriation resolution of the City of South Bend Redevelopment Commission. (West Washington - Chapin Development Area) Mr. Schalliol advised that the Public Hearing file was complete and requested the following items be entered into the record: (1) Copy of the Notice of Hearing; (2) Affidavits from the Tri County News and South Bend Tribune that the Notice of Public Hearing was published in those newspapers on February 4, 2005; (3) Copy of Resolution IL 10 PUBLIC HEARING ON RESOLUTION NO. 2139 COMMISSION APPROVED RESOLUTION NO. 2139 APPROVING A SUPPLEMENTAL APPROPRIATION RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION. (DOWNTOWN MEDICAL SERVICES DISTRICT) South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) A. Public Hearings (9) continued... No. 2131; and (4) Copy of Supplemental Appropriation Resolution No. 2140. Mr. Schalliol reported that Resolution No. 2140 is related to the TIF Allocation Fund for the West Washington- Chapin Development Area. The amount of funds in the Allocation Fund proposed to be expended for said expenses incurred by the Commission is Three Hundred Seventy Thousand Five Hundred Twenty Dollars ($370,520). Mr. King opened the Public Hearing on Resolution No. 2140 and asked if there was anyone from the public who wished to speak in favor or against the resolution. There being no one from the public wishing to speak regarding Resolution No. 2140, Mr. King closed the Public Hearing for whatever action the Commission wished to take. (10) Commission approval requested for Resolution No. 2140. Upon a motion by Mr. Downes, seconded by Mr. Hunt and unanimously carried, the Commission approved Resolution No. 2140 approving a supplemental appropriation resolution of the City of South Bend Redevelopment Commission. (West Washington- Chapin Development Area) 11 PUBLIC HEARING ON RESOLUTION NO. 2140 COMMISSION APPROVED RESOLUTION NO. 2140 APPROVING A SUPPLEMENTAL APPROPRIATION RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION. (WEST WASHINGTON -CHAPIN DEVELOPMENT AREA) South Bend Redevelopment Commission IL- Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) A. Public Hearings (11) Public Hearing on Resolution No. 2141 approving a supplemental appropriation resolution of the City of South Bend Redevelopment Commission. (South Bend Central Development Area) Mr. Schalliol advised that the Public Hearing file was complete and requested the following items be entered into the record: (1) Copy of the Notice of Hearing; (2) Affidavits from the Tri County News and South Bend Tribune that the Notice of Public Hearing was published in those newspapers on February 4, 2005; (3) Copy of Resolution No. 2132; and (4) Copy of Supplemental Appropriation Resolution No. 2141. Mr. Schalliol reported that Resolution No. 2141 is related to the TIF Allocation Fund for the South Bend Central Development Area. The amount of funds in the Allocation Fund proposed to be expended for said expenses incurred by the Commission is Five Million One Hundred Twenty Thousand Seven Hundred Five Dollars ($5,120,705). Mr. King opened the Public Hearing on Resolution No. 2141 and asked if there was anyone from the public who wished to speak in favor or against the resolution. There being no one from the public wishing to speak regarding Resolution No. 2141, Mr. King closed the Public Hearing for whatever action the Commission wished to take. 12 PUBLIC HEARING ON RESOLUTION NO. 2141 South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) A. Public Hearings (12) Commission approval requested for Resolution No. 2141. Upon a motion by Mr. Downes, seconded by Mr. Hunt and unanimously carried, the Commission approved Resolution No. 2141 approving a supplemental appropriation resolution of the City of South Bend Redevelopment Commission. (South Bend Central Development Area) (13) Public Hearing on Resolution No. 2142 approving a supplemental appropriation resolution of the City of South Bend Redevelopment Commission. (Airport Economic Development Area) Mr. Schalliol advised that the Public Hearing file was complete and requested the following items be entered into the record: (1) Copy of the Notice of Hearing; (2) Affidavits from the Tri County News and South Bend Tribune. that the Notice of Public Hearing was published in those newspapers on February 4, 2005; (3) Copy of Resolution No. 2133; and (4) Copy of Supplemental Appropriation Resolution No. 2142. Mr. Schalliol reported that Resolution No. 2142 is related to the TIF Allocation Fund for the Airport Economic Development Area. The amount of funds in the Allocation Fund proposed to be expended for said expenses incurred by the Commission is Eleven Million Six Hundred Eighteen Thousand Five Hundred Seventy Nine Dollars ($11,618,579). k0i 13 COMMISSION APPROVED RESOLUTION NO. 2141 APPROVING A SUPPLEMENTAL APPROPRIATION RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION. (SOUTH BEND CENTRAL DEVELOPMENT AREA South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) A. Public Hearings (13) continued... Mr. King opened the Public Hearing on Resolution No. 2142 and asked if there was anyone from the public who wished to speak in favor or against the resolution. There being no one from the public wishing to speak regarding Resolution No. 2142, Mr. King closed the Public Hearing for whatever action the Commission wished to take. (14) Commission approval requested for Resolution No. 2142. Upon a motion by Mr. Downes, seconded by Mr. Hunt and unanimously carried, the Commission approved Resolution No. 2142 approving a supplemental appropriation resolution of the City of South Bend Redevelopment Commission. (Airport Economic Development Area) B. South Bend Central Development Area (1) Filing of Resolution No. 2145 amending the South Bend Central Development Area Development Plan and setting a Public Hearing for March 4, 2005 at 10:00 a.m. Mr. Schalliol reported that Resolution No. 2145 will amend the South Bend Central Development Area Development Plan to include one property located at 412 S. Lafayette Boulevard. The Tax Key Number is 18- 3015 -0555. The property currently contains one commercial structure. The 14 PUBLIC HEARING ON RESOLUTION NO. 2142 COMMISSION APPROVED RESOLUTION NO. 2142 APPROVING A SUPPLEMENTAL APPROPRIATION RESOLUTION OF THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION. (AIRPORT ECONOMIC DEVELOPMENT AREA) South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (1) continued... business located at the site is Enzyme Research Laboratories, Inc. Resolution No. 2145 also sets a public hearing for March 4, 2005 at 10:00 a.m. Upon a motion by Mr. Hunt, seconded by COMMISSION ACCEPTED FOR FILING Mr. Downes and unanimously carried, the RESOLUTION No. 2145 AND SET A PUBLIC Commission accepted for filing Resolution HEARING ON RESOLUTION No. 2145 FOR No. 2145 and set a public hearing on 10:00 A.M.. MARCH 4, 2005 AT A REGULAR MEETING OF THE REDEVELOPMENT Resolution No. 2145 for 10:00 a.m., COMMISSION. March 4, 2005 at a Regular Meeting of the Redevelopment Commission. (2) Commission authorization requested to use the Wayne Street garage in the South Bend Central Development Area on June 3 and June 4, 2005. (South Bend Park Department for World's Largest Garage Sale) Mr. Williams reported the Parks Department has submitted a request to use the Wayne Street Garage from 5:00 p.m. on Friday, June 3, 2005 through approximately 5:00 p.m. on Saturday, June 4, 2005 for the "30th Annual World's Largest Garage Sale ". Arrangements will be made to ensure that adequate personnel are on hand to provide direction, security and clean -up. Ampco has been contacted and will cooperate in this event, as in previous years. This has always been a well run event and a fund raiser for the Parks Department. Staff requests approval. 15 South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (2) continued... Upon a motion by Mr. Hunt, seconded by Mr. Downes and unanimously carried, the Commission authorized use of the Wayne Street garage in the South Bend Central Development Area on June 3 and June 4, 2005. (South Bend Park Department for World's Largest Garage Sale) (3) Commission authorization requested to use the LaSalle Hotel parking lot located at 237 North Michigan Street in the South Bend Central Development Area on March 16 and March 17, 2005. (DTSB St. Paddy's Day Downtown Event) Mr. Mathia reported that Downtown South Bend, Inc. (DTSB) has requested permission to use the LaSalle Hotel parking lot March 16 and 17, 2005 to set up and hold the second annual "St. Paddy's Day Downtown" tent party event. The parking lot is located at 237 North Michigan Street. As was done last year, people who normally park in the LaSalle lot will be provided temporary parking in parking garages and given free courtesy passes to the event. DTSB will hire its own security personnel to monitor the crowd and traffic in the immediate area. No one under 21 will be admitted. The event will feature a live band and a fully licensed caterer. Upper Deck Catering will provide food and beverages (alcoholic and non - alcoholic) for sale within the barricaded tent area. 16 COMMISSION AUTHORIZED USE OF THE WAYNE STREET GARAGE IN THE SOUTH BEND CENTRAL DEVELOPMENT AREA ON JUNE 3 AND JUNE 4, 2005. (SOUTH BEND PARK DEPARTMENT FOR WORLD'S LARGEST GARAGE SALE) South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (3) continued... Staff recommends approval of DTSB's request to use the Hotel LaSalle parking lot. Last year's event was well attended and was received well by the media. Staff recommends granting DTSB permission to use the space based on the organization's proven ability to manage public events effectively and in support of their efforts to increase the visibility of the downtown entertainment district. Upon a motion by Mr. Hunt, seconded by COMMISSION AUTHORIZED USE OF THE LASALLE Mr. Downes and unanimously carried, the HOTEL PARKING LOT LOCATED AT 237 NORTH Commission authorized use of the LaSalle MICHIGAN STREET IN THE SOUTH BEND Hotel parking lot located at 237 North CENTRAL DEVELOPMENT AREA ON MARCH 16 AND MARCH 17, 2005. (DTSB ST. PADDY'S Michigan Street in the South Bend Central DAY DOWNTOWN EVENT) Development Area on March 16 and March 17, 2005. (DTSB St. Paddy's Day Downtown Event) (4) Commission authorization requested to advertise property for lease located in the South Bend Central Development Area in the South Bend Tribune and the Tri County News. (129 S. Michigan Street, formerly known as Bender's) Tim Williams reported that staff requests approval to advertise the property located at 129 S. Michigan Street for lease according to the public process. The first advertisement will be published on Friday, February 25, 2005. IL 17 South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (4) continued... Upon a motion by Mr. Hunt, seconded by COMMISSION AUTHORIZED A REQUEST TO Mr. Downes and unanimously carried, the ADVERTISE PROPERTY FOR LEASE LOCATED IN Commission authorized a request to advertise THE SOUTH BEND CENTRAL DEVELOPMENT property for lease located in the South Bend AREA IN THE SOUTH BEND TRIBUNE AND THE TRI COUNTY NEWS. (129 S. MICHIGAN STREET, Central Development Area in the South Bend FORMERLY KNOWN AS BENDER'S) Tribune and the Tri County News. (129 S. Michigan Street, formerly known as Bender's) C. Sample -Ewing Development Area (1) Commission approval requested for Addendum to the Voluntary Remediation Agreement dated February 14, 2002 relating to Studebaker Properties and Oliver Plow Works. Ms. Greene reported that in February 2002 the Redevelopment Commission entered into a Voluntary Remediation Agreement for soils and groundwater at the Oliver Plow Works (Area C) portion of the Studebaker /Oliver Project. Subsequent to approval of that Agreement, the Commission submitted VRP applications for Area A (south of Sample) soils, Area B (north of Sample) soils and Area A, B, and C groundwater. Tom Baker, of IDEM's legal department, suggested that all of the applications be amended into the Oliver Plow Agreement rather than have separate Voluntary Remediation Agreements with the State for each portion of the project. This means that all remediation will be evaluated against the 1996 IDEM Guidance as opposed to the more stringent RISC standards that were finalized in 2002. C18 South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) C. Sample -Ewing Development Area (1) continued... The Addendum that is being considered today accomplishes the merger of all four (4) VRP applications into one Voluntary Remediation Agreement under the 1996 Guidance. Staff recommends approval of the Addendum to the Voluntary Remediation Agreement relating to Studebaker Properties and Oliver Plow Works. Following approval, the Addendum will be returned to IDEM for execution. Upon a motion by Mr. Hunt, seconded by Mr. Downes and unanimously carried, the Commission approved the Addendum to the Voluntary Remediation Agreement dated February 14, 2002 relating to Studebaker Properties and Oliver Plow Works. (2) Commission approval requested for Confidential Settlement Agreement and Release between the City of South Bend, Indiana, the South Bend Redevelopment Commission, the Travelers Indemnity Company, Century Indemnity Company and Pacific Employers Insurance Company — subject to approval of U. S. Bankruptcy Court. Ms. Greene reported that staff has been in negotiations with Allied Products and its insurers for several years concerning a claim filed with the U. S. Bankruptcy Court for environmental damage at the former stamping plant property. A tentative agreement has been reached that is expected to be presented to the court on March 1, 19 COMMISSION APPROVED THE ADDENDUM TO THE VOLUNTARY REMEDIATION AGREEMENT DATED FEBRUARY 14, 2002 RELATING TO STUDEBAKER PROPERTIES AND OLIVER PLOW WORKS. South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) C. Sample -Ewing Development Area (2) continued... 2005. The insurers, Travelers Indemnity Company, Century Indemnity Company and Pacific Employers Insurance Company have requested that the Commission and the Board of Works approve the tentative agreement prior to March 1, 2005. This would be subject to the approval of the Bankruptcy Court. Staff is requesting approval of a Confidential Settlement Agreement that will be filed with the Bankruptcy Court for its approval and will be subject to terms and conditions that adequately protect the Commission based Iupon advice of legal counsel. Mr. King inquired if legal counsel is specifically asking for authorization to proceed on this matter. Ms. Greene replied, yes. Upon a motion by Mr. Hunt, seconded by Mr. Downes and unanimously carried, the Commission approved the Confidential Settlement Agreement and Release between the City of South Bend, Indiana, the South Bend Redevelopment Commission, the Travelers Indemnity Company, Century Indemnity Company and Pacific Employers Insurance Company — subject to City of South Bend legal counsel review and approval of U.S. Bankruptcy Court. 20 COMMISSION APPROVED THE CONFIDENTIAL SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE CITY OF SOUTH BEND, INDIANA, THE SOUTH BEND REDEVELOPMENT COMMISSION, THE TRAVELERS INDEMNITY COMPANY, CENTURY INDEMNITY COMPANY AND PACIFIC EMPLOYERS INSURANCE COMPANY - SUBJECT TO CITY OF SOUTH BEND LEGAL COUNSEL REVIEW AND APPROVAL OF U.S. BANKRUPTCY COURT. South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) D. Airport Economic Development Area (1) Commission approval requested for Resolution No. 2146 accepting the transfer of real property from the South Bend Redevelopment Authority. Mr. Schalliol reported that Resolution No. 2146 is related to the transfer of one (1) lot in the Toll Road Industrial Park, Lot #2A. The resolution will transfer ownership from the South Bend Redevelopment Authority to the South Bend Redevelopment Commission. Ms. Greene advised that the Commission can accept the transfer of property from another entity of the City by matching resolutions. The Redevelopment Authority at its meeting on Wednesday, February 16, 2005 did take action and approved a resolution authorizing the transfer of this property to the Redevelopment Commission in substantially the same form as presented to the Commission today. Upon a motion by Mr. Hunt, seconded by Mr. Downes and unanimously carried, the Commission approved Resolution No. 2146 accepting the transfer of real property from the South Bend Redevelopment Authority. (Lot #2A, Toll Road Industrial Park) 5. OLD BUSINESS A. Airport Economic Development Area (1) Commission approval requested for Authorization for Entry upon Public Property for Site Development. (Lot 2A, Toll Road Industrial Park) 21 COMMISSION APPROVED RESOLUTION NO. 2146 ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT AUTHORITY. (LOT #2A, TOLL ROAD INDUSTRIAL PARK) South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. OLD BUSINESS (CONT.) A. Airport Economic Development Area (1) continued... Mr. Schalliol reported that the Commission has been presented with a proposal from Majority Builders, Inc. to acquire Lot #2A in the Toll Road Industrial Park. The Redevelopment Commission now has control of that property and has the legal right to grant authorization for entry onto the property. Staff requests approval of Authorization for Entry related to Majority Builders, Inc. and noted that the Contract For Sale of Land and Deed are forthcoming. Upon a motion by Mr. Hunt, seconded by Mr. Downes and unanimously carried, the IL Commission approved the authorization for Entry upon Public Property for Site Development. (Lot 2A, Toll Road Industrial Park) 6. NEW BUSINESS D. Airport Economic Development Area (2) Commission approval requested to authorize execution of a Lease for golf carts to be used at the Blackthorn Golf Course in the Airport Economic Development Area. Ms. Greene reported that on December 3, 2004 the Commission approved a lease for golf carts at the Blackthorn Golf Club. The documents received from Textron Financial relating to the lease actually reduced the interest rate from 4.9875% to 4.6119 %, thereby reducing the total interest for the 22 COMMISSION APPROVED THE AUTHORIZATION FOR ENTRY UPON PUBLIC PROPERTY FOR SITE DEVELOPMENT. (LOT 2A, TOLL ROAD INDUSTRIAL PARK) South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) D. Airport Economic Development Area (2) continued... lease term from $19,084.75 to $17,608.75. It is a material change and therefore needs re- approval from the Commission. Upon a motion by Mr. Downes, seconded by Mr. Hunt and unanimously carried, the Commission authorized execution of a Lease for golf carts to be used at the Blackthorn Golf Course in the Airport Economic Development Area. (3) Filing of Resolution No. 2144 expanding the Airport Economic Development Area and TIF Allocation Area #1 and amending the Airport Economic Development Area Development Plan and setting a Public Hearing for March 4, 2005 at 10:00 a.m. Mr. Schalliol reported that Resolution No. 2144 will expand the Airport Economic Development Area and TIF Allocation Area #1 and will amend the Development Plan by adding two properties to the acquisition list. Resolution No. 2144 also sets a public hearing on Friday, March 4, 2005 at 10:00 a.m. Mr. Hunt asked if these properties were surrounded by industrial development. Mr. Schalliol responded that the properties were completely surrounded by industrial development. Mr. Hunt inquired as to how many more properties were left to be purchased. C; 23 COMMISSION AUTHORIZED EXECUTION OF A LEASE FOR GOLF CARTS TO BE USED AT THE BLACKTHORN GOLF COURSE IN THE AIRPORT ECONOMIC DEVELOPMENT AREA. South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) D. Airport Economic Development Area (3) continued... Mr. Schalliol answered that these were the last two properties out of the five staff originally agreed to purchase. Upon a motion by Mr. Hunt, seconded by Mr. Downes and unanimously carried, the Commission accepted for filing Resolution No. 2144 and set a public hearing on Resolution No. 2144 for 10:00 a.m., March 4, 2005 at a Regular Meeting of the Redevelopment Commission. E. South Bend Medical Services District IL There was no business in the South Bend Medical Services District. F. West Washington- Chapin Development Area There was no business in the West Washington - Chapin Development Area. G. South Side Development Area (1) Commission approval requested for proposal for professional services in the South Side Development Area. (Demolition work at 201 W. Ireland Road) Mr. Williams reported that staff requested and received four (4) bids for the demolition of 201 W. Ireland Road in the South Side Development Area. Warner & Sons is the lowest responsive and responsible bidder at $3,735. Staff recommends accepting the IL proposal from Warner &Sons. 24 COMMISSION ACCEPTED FOR FILING RESOLUTION NO. 2144 AND SET A PUBLIC HEARING ON RESOLUTION NO. 2144 FOR 10:00 A.M., MARCH 4, 2005 AT A REGULAR MEETING OF THE REDEVELOPMENT COMMISSION. THERE WAS NO BUSINESS IN THE SOUTH BEND MEDICAL SERVICES DISTRICT. THERE WAS NO BUSINESS IN THE WEST WASH INGTON- CHAPIN DEVELOPMENT AREA. South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) G. South Side Development Area (1) continued... Upon a motion by Mr. Hunt, seconded by COMMISSION APPROVED THE REQUEST FOR Mr. Downes and unanimously carried, the PROFESSIONAL SERVICES IN THE SOUTH SIDE Commission approved the request for DEVELOPMENT AREA AND AUTHORIZED STAFF TO RETAIN WARNER & SONS BASED ON THE professional services in the South Side SCOPE OF SERVICES AND FEE PROPOSED. Development Area and authorized staff to retain Warner & Sons based on the scope of services and fee proposed. H. Northeast Neighborhood Development Area There was no business in the Northeast THERE WAS NO BUSINESS IN THE NORTHEAST Neighborhood Development Area. NEIGHBORHOOD DEVELOPMENT AREA. I. Bid Openings ILI (1) Receipt of Bids in connection with the Hotel LaSalle in the South Bend Central Development Area. (237 North Michigan Street & adjacent parking area) Mr. Schalliol reported at the hour of 10:00 a.m. today, two (2) bids were received for the Hotel LaSalle site. Mr. Schalliol asked that the bids be referred to staff for evaluation and recommendation. The first proposal is from A. J. Patel, 3250 Northview Blvd., Elkhart, Indiana, 46514. There is a cashier's check included with the proposal in the amount of $10,000 as a performance guarantee. The second proposal is from Scioto Development Company, 604 East Rich Street, Columbus, Ohio, 43215. IL 25 South Bend Redevelopment Commission Regular Meeting — February 18, 2005 6. NEW BUSINESS (CONT.) I. Bid Openings (1) continued... Ms. Greene advised with respect to the proposal submitted by A. J. Patel, that the proposal is properly signed; the statement of qualifications of financial responsibility, the statement for public disclosure and the affidavit of non - collusion have been submitted. The bid is complete. Ms. Greene advised with respect to the second bid submitted by Scioto Development Company the proposal is complete with the exception of the performance guaranty. The proposal forms are executed; the affidavit of non - collusion, the statement of qualifications of financial responsibility and the statement for public disclosure are included. However, Ms. Greene again noted that there was no performance guarantee submitted with the proposal. Mr. King advised that the performance guarantee related to the Scioto Development Company bid should be addressed further with Scioto Development by staff. Upon a motion by Mr. Hunt, seconded by Mr. Downes and unanimously carried, the Commission referred the proposal from A. J. Patel to staff for further action. Upon a motion by Mr. Hunt, seconded by Mr. Downes and unanimously carried, the Commission referred the proposal submitted by Scioto Development Company to staff for further action. qh� 26 COMMISSION REFERRED THE PROPOSAL FROM A. J. PATEL TO STAFF FOR FURTHER ACTION. COMMISSION REFERRED THE PROPOSAL SUBMITTED BY SCIOTO DEVELOPMENT COMPANY TO STAFF FOR FURTHER ACTION. South Bend Redevelopment Commission Regular Meeting — February 18, 2005 7. PROGRESS REPORTS There was no progress report. 8. NEXT COMMISSION MEETING The next meeting of the Redevelopment Commission is scheduled for Friday, March 4, 2005 at 10:00 a.m. 9. ADJOURNMENT There being no further business to come before the Redevelopment Commission, Mr. Hunt made a motion that the meeting be adjourned. Mr. Downes seconded the motion and the meeting was adjourned at 10:38 a.m. Donald E. Inks, Director 27 PROGRESS REPORTS NEXT COMMISSION MEETING ADJOURNMENT C4' Marcia I. Jones, Presidad