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HomeMy WebLinkAbout11-19-04 Redevelopment Commission Minutest G SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING November 19, 2004 10:00 a.m. 227 West Jefferson Boulevard Presiding: Marcia I. Jones, President South Bend, Indiana 1. ROLL CALL Members Present: Ms. Marcia Jones, President Mr. Philip J. Faccenda, Vice President Mr. Robert W. Hunt, Secretary Mr. Hardie Blake, Jr. Mr. Karl King Legal Counsel: Ms. Cheryl Greene, Esq. Redevelopment Staff: Mr. Don Inks, Director Ms. Sharon Kendall, Executive Director Mr. Bill Schalliol, Economic Development Specialist Ms. Cheryl Phipps, Recording Secretary Mr. Robert Mathia, Economic Development Specialist Mr. Tim Williams, Economic Development Specialist Mr. Andy Laurent, Economic Development Specialist Ms. Jennifer Hughes, Economic Development Specialist Others Present: Ms. Pam Paluszewski, Legal Dept. Ms. Jones noted that the Executive Session will continue following adjournment of the regular meeting. 2. APPROVAL OF MINUTES There were no Minutes for approval. 3. APPROVAL OF CLAIMS THERE WERE NO MINUTES FOR APPROVAL. Redevelopment Commission Claims submitted November 19, 2004 for approval FUND 305 SBCDA 2003 BOND Lang, Feeney & Associates 324 FUND - AIRPORT City of South Bend Lang, Feeney & Associates $ 2,115.00 906.66 500.00 South Bend Redevelopment Commission Regular Meeting November 19, 2004 3. APPROVAL OF CLAIMS (CONT.) 414 SAMPLE -EWING GENERAL Baker General Maintenance Ken Herceg & Associates DHA 420 FUND TIF DISTRICT -SBCDA GENERAL AEP South Bend Water Works NIPSCO City of South Bend CB Richard Ellis Dynamic Mechancial Serv, DBA R.F.Hoffman Critter Control Grauvogel & Associates Rose Exterminator Co. UW 424 FUND TIF SBCDA - BUILDING OPERATIONS 428 FUND AIRPORT 2003 BOND The Troyer Group Brooks Construction Rieth Riley Construction AEP Board of Park Commissioners DLZ 619 BLACKTHORN Meadowbrook Golf Group, Inc. Mr. Hunt asked what the Rieth -Riley claim for $648,090 is for. Ms. Hughes responded that it is the final payment on the Olive Road/Nimtz Parkway improvements. The Brooks Construction check for $220,781 is also for that project. Though Brooks has not completed their work and will not be paid until they do, we had the check cut in order to have it ready for payment. 2 100.00 3,981.18 3,271.70 1,802.96 756.80 268.89 1,608.01 1,183.69 60.00 119.20 100.00 80.00 4,917.00 220,781.76 648,090.39 482,350.00 5,700.00 13,765.15 7,500.00 $ 1,399,958.39 South Bend Redevelopment Commission Regular Meeting November 19, 2004 3. APPROVAL OF CLAIMS (CONT.) Mr. Hunt asked what the AEP claim for $482,350 is for. Ms. Hughes responded that it is for relocation of the power lines for the Bendix Road project and the Olive Road project. Upon a motion by Mr. Hunt, seconded by Mr. Faccenda and unanimously carried, the Commission approved the Claims submitted November 19, 2004, and ordered checks to be released 4. COMMUNICATIONS There were no Communications. 5. OLD BUSINESS There was no Old Business. ILI 6. NEW BUSINESS A. Public Hearings (1) Public Hearing on Resolution No. 2107 amending the South Side Development Area Development Plan. Mr. Schalliol noted that Resolution No. 2107 amends the South Side Development Area Development Plan to Add one parcel, 4309 S. Main Street, to the acquisition list. The property is located between Metalmation Drive and Ireland Road. Acquisition of this parcel is necessary to facilitate infrastructure improvements within the Erskine Hills Shopping district. Mr. Inks noted that the Public Hearing file contains the following items: (1) A copy of the Notice of Hearing; (2) A copy of Resolution No.2107; (3) An affidavit from 3 COMMISSION APPROVED THE CLAIMS SUBMITTED NOVEMBER 19, 2004, AND ORDERED THE CHECKS TO BE RELEASED THERE WERE NO COMMUNICATIONS THERE WAS NO OLD BUSINESS 14 South Bend Redevelopment Commission Regular Meeting November 19, 2004 6. NEW BUSINESS (CONT.) A. Public Hearings (1) continued... Carol Smith, Advertising Director of the South Bend Tribune, that the Notice of Hearing was published in that newspaper on November 5, 2004; (4) An affidavit from Richard Andrysiak, Classified Manager of the Tri- County News, that the Notice of Hearing was published in that newspaper on November 5, 2004; (5) A statement from Bill Schalliol that affected property owners and registered neighborhood associations were notified of the Public Hearing; (6) and as of 10:00 a.m., November 19, 2004 there were no written remonstrances received related to Resolution No. 2107. Ms. Greene noted that under - Section 36 - 7 14 -17.7 of the Indiana Code, the 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 of South Bend. Resolution No. 2107 incorporates these findings. Accordingly, adoption of Resolution 2107 as presented to the Commission would satisfy the requirements of the statute. In addition, the statute requires the Commission to consider any written 11 ILI South Bend Redevelopment Commission Regular Meeting November 19, 2004 6. NEW BUSINESS (CONT.) A. Public Hearings (1) continued... remonstrances that are filed during the filing period specified in the notice. Ms. Jones opened the Public Hearing on Resolution No. 2107 for whoever wished to speak. There was no one who wished to speak regarding Resolution No. 2107. Ms. Jones closed the Public Hearing for whatever action the Commission wished to take. (2) Commission approval requested for Resolution No. 2107. Upon a motion by Mr. Hunt, seconded by Mr. Faccenda and unanimously carried, the Commission approved Resolution No. 2107 amending the South Side Development Area Development Plan. B. Housing (1) Commission approval requested for Loan and Grant in connection with the South Bend Home Improvement Program for property located at 1021 Bellevue Avenue. (Andrew & Candace Peregrine) Mr. Inks noted that the loan is in the amount of $2,350. The grant is $7,500. Upon a motion by Mr. Faccenda, seconded by Mr. Hunt and unanimously carried, the Commission approved the Loan and Grant in connection with the South Bend Home Improvement Program for property located at C PUBLIC HEARING ON RESOLUTION NO. 2107 COMMISSION APPROVED RESOLUTION NO. 2107 AMENDING THE SOUTH SIDE DEVELOPMENT AREA DEVELOPMENT PLAN. COMMISSION APPROVED THE LOAN AND GRANT IN CONNECTION WITH THE SOUTH BEND HOME IMPROVEMENT PROGRAM FOR PROPERTY LOCATED AT 1021 BELLEVUE AVENUE. (ANDREW & CANDACE PEREGRINE) South Bend Redevelopment Commission Regular Meeting November 19, 2004 6. NEW BUSINESS (CONT.) B. Housing (1) continued... 1021 Bellevue Avenue. (Andrew & Candace Peregrine) C. South Bend Central Development Area (1) Commission approval requested for proposal for professional services in the South Bend Central Development Area. (Appraisal, Baer's Lot) Mr. Williams noted that the Baer's lot has been advertised for disposition for some time with no interest expressed in it. The appraisals are old and need to be updated. Four proposals were solicited for this appraisal. Three were received. Mr. Williams noted that two appraisals are needed to price property for disposition. Staff recommends accepting the offers from R.E. McCloskey and R.E. Pitts. Upon a motion by Mr. Hunt, seconded by Mr. Faccenda and unanimously carried, the Commission approved the request for proposals for professional services in the South Bend Central Development Area and accepted the proposals from R.E. McCloskey and R.E. Pitts for the scope of services and fee proposed. L6 COMMISSION APPROVED THE REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES IN THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ACCEPTED THE PROPOSALS FROM R.E. MCCLOSKEY AND R.E. PMTS FOR THE SCOPE OF SERVICES AND FEE PROPOSED. Proposed Fee R.E. McCloskey $2,000 Jerome E. Michaels $2,900 R.E. Pitts $2,700 Mr. Williams noted that two appraisals are needed to price property for disposition. Staff recommends accepting the offers from R.E. McCloskey and R.E. Pitts. Upon a motion by Mr. Hunt, seconded by Mr. Faccenda and unanimously carried, the Commission approved the request for proposals for professional services in the South Bend Central Development Area and accepted the proposals from R.E. McCloskey and R.E. Pitts for the scope of services and fee proposed. L6 COMMISSION APPROVED THE REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES IN THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ACCEPTED THE PROPOSALS FROM R.E. MCCLOSKEY AND R.E. PMTS FOR THE SCOPE OF SERVICES AND FEE PROPOSED. South Bend Redevelopment Commission Regular Meeting November 19, 2004 6. NEW BUSINESS (CONT.) C. South Bend Central Development Area (2) Commission approval requested for tree removal at 112 S. Louis Blvd. in the South Bend Central Development Area. Mr. Williams noted 112 S. St. Louis street is a property that acquired through tax sale and the property is now in the SBCDA. There is a tree on the property that is creating a hazard and requires removal. Four proposals were requested and three were received. Staff recommends accepting the offer from Temple Tree Service for $630. Upon a motion by Mr. Hunt, seconded by Mr. Faccenda and unanimously carried, the Commission approved the request for proposals for professional services in the South Bend Central Development Area and accepted the proposal from Temple Tree Service for the scope of services and fee proposed. (3) Commission approval requested for Resolution No. 2113 ratifying, confirming and approving certain actions and approving the execution of documents related to the School Administration Relocation Project. Ms. Greene presented agenda items 6.C.(3) and (4) together because both relate to the School Corporation Relocation Project. The 7 Proposed Fee KC Tree $1,175 Temple Tree $630 Michiana Tree $800 Staff recommends accepting the offer from Temple Tree Service for $630. Upon a motion by Mr. Hunt, seconded by Mr. Faccenda and unanimously carried, the Commission approved the request for proposals for professional services in the South Bend Central Development Area and accepted the proposal from Temple Tree Service for the scope of services and fee proposed. (3) Commission approval requested for Resolution No. 2113 ratifying, confirming and approving certain actions and approving the execution of documents related to the School Administration Relocation Project. Ms. Greene presented agenda items 6.C.(3) and (4) together because both relate to the School Corporation Relocation Project. The 7 ILSouth Bend Redevelopment Commission Regular Meeting November 19, 2004 6. NEW BUSINESS (CONT.) C. South Bend Central Development Area (3) continued... Commission and South Bend Community School Corporation had previously entered into an agreement on September 9, 2004 concerning relocation of the School Corporation's administrative offices. The September 91h agreement, has grown stale as to certain dates as well as various changed conditions. The September 9ch agreement has now been amended and restated to reflect the current status of the transaction and it is being presented for the Commission's consideration. In addition, in order to complete some of the ILobligations under the Amended and Restated Agreement, it will be necessary to obtain the Commission's signatures on various documents prior to the next regularly scheduled Commission meeting. Agenda items 6.C.(3) and (4) are two resolutions being presented to the Commission related to the School Corporation Project: (i) Resolution No. 2113 which asks the Commission to approve the actions previously taken and approve execution of documents necessary to effect closing on the transaction and (ii) Resolution No. 2114 which asks the Commission to accept transfer of the Century Building from the School Corporation. Upon a motion by Mr. King, seconded by Mr. Hunt and unanimously carried, the Commission approved Resolution No. 2113 ratifying, confirming and approving certain 8 COMMISSION APPROVED RESOLUTION NO. 2113 RATIFYING, CONFIRMING AND APPROVING CERTAIN ACTIONS AND APPROVING THE EXECUTION OF DOCUMENTS RELATED TO THE SCHOOL ADMINISTRATION RELOCATION PROJECT. South Bend Redevelopment Commission Regular Meeting November 19, 2004 6. NEW BUSINESS (CONT.) C. South Bend Central Development Area (3) continued... actions and approving the execution of documents related to the School Administration Relocation Project. (4) Commission approval requested for Resolution No. 2114, accepting the transfer of real property from the South Bend Community School Corporation Board of School Trustees. Ms. Greene advised the Commission that by statute, the Commission may accept the transfer of property from another governmental entity by the passing of a resolution. Consistent with the terms and conditions of the Amended and Restated Development Agreement, the Commission will accept title to the Century Building in order to petition for the waiver of taxes owing and due on that property. The intent of Resolution 2114 is the Commission's acceptance of the transfer in order that the deed to the Century Building be issued to the Redevelopment Commission at the direction of the School Corporation. Resolution No. 2114 accepts the transfer of the Century Building from the School Corporation. Upon a motion by Mr. King, seconded by Mr. Hunt and unanimously carried, the Commission approved Resolution No. 2114 accepting the transfer of real property from the South Bend Community School Corporation Board of School Trustees. 9 COMMISSION APPROVED RESOLUTION NO. 2114 ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND COMMUNITY SCHOOL CORPORATION BOARD OF SCHOOL TRUSTEES. South Bend Redevelopment Commission Regular Meeting November 19, 2004 6. NEW BUSINESS (CONT.) D. Sample -Ewing Development Area (1) Commission approval requested for Addendum to Environmental Indemnity Agreement for property located at 700 S. Franklin Street. (Design Packaging) Mr. Laurent noted that the Commission entered into an Environmental Indemnity Agreement with Design Packaging, Inc. on September 20, 1995. The Commission sold the vacant former Transwestern site to Design Packaging on September 5, 1995, and warranted that a) the property had been operated by the Commission in compliance with environmental law, and that operations had not caused or resulted in any release of hazardous substances; b) the property was not subject to any judicial or administrative proceedings or order from a governmental authority; c) any investigation was being conducted by a governmental authority with regard to release of hazardous substances; d) the Commission had engaged environmental consultants to conduct environmental investigations at the property and had provided all reports generated by the consultants to the buyer and that, but for the information contained in the environmental reports, the Commission has no knowledge of any hazardous substances at, under, or upon the property or any hazardous substances released from the property onto any other property or into the waters of the State or any well; e) no environmental liens were attached to the property and; f) there are no underground storage tanks on the property. Those representations and warranties were in effect for five (5) years after the effective date of the agreement. 10 South Bend Redevelopment Commission Regular Meeting November 19, 2004 6. NEW BUSINESS (CONT.) D. Sample -Ewing Central Development Area (1) continued... Design Packaging, Inc. sold its business assets to Design Packaging, LLC, a subsidiary of Tecumseh Corrugated Box Company, Inc., in 2004 but retained ownership of the real estate at 700 S. Franklin Street. Tecumseh continued the existing operations on site, and now is interested in purchasing the real estate to maintain corrugated paper product manufacture at the South Bend plant. Tecumseh asked the City to apply for Indiana Development Finance Authority Site Assessment Grant Initiative funding to conduct environmental site assessment activities as a result of the property's brownfield history. The City was awarded $40,100 to conduct that assessment, but informed Tecumseh that the work would not be conducted without a new indemnification agreement in place to protect the City and Commission in the event that any environmental impacts are discovered. Staff recommends approval of the Addendum to Environmental Indemnity Agreement. Upon a motion by Mr. Faccenda, seconded by Mr. Hunt and unanimously carried, the Commission approved the Addendum to Environmental Indemnity Agreement for property located at 700 S. Franklin Street. (Design Packaging) 11 COMMISSION APPROVED THE ADDENDUM TO ENVIRONMENTAL INDEMNITY AGREEMENT FOR PROPERTY LOCATED AT 700 S. FRANKLIN STREET. (DESIGN PACKAGING) South Bend Redevelopment Commission Regular Meeting November 19, 2004 6. NEW BUSINESS (CONT.) E. Airport Economic Development Area (1) Staff report on acquisition of property in the Airport Economic Development Area. (Vanderheyden) Item 6. E. (1) was tabled. (2) Commission approval requested for proposal for Phase 1 Environmental Report in the Airport Economic Development Area. (1743 Commerce Drive) Mr. Schalliol noted that Wightman Petrie Environmental has submitted a proposal to perform a Phase I Environmental assessment on 1743 Commerce Drive for a fee of $1,600. Staff requests approval of the proposal. Upon a motion by Mr. Hunt, seconded by Mr. Blake and unanimously carried, the Commission approved the request for proposal for professional services in the Airport Economic Development Area and accepted the proposal from Wightman Petrie Environmental for the scope of services and fee proposed. F. South Bend Medical Services District G. West Washington- Chapin Development Area tv 12 ITEM 6. E. (1) WAS TABLED. COMMISSION APPROVED THE REQUEST FOR PROPOSAL FOR PROFESSIONAL SERVICES IN THE AIRPORT ECONOMIC DEVELOPMENT AREA AND ACCEPTED THE PROPOSAL FROM WIGHTMAN PETRIE ENVIRONMENTAL FOR THE SCOPE OF SERVICES AND FEE PROPOSED. 11A- G South Bend Redevelopment Commission Regular Meeting November 19, 2004 6. NEW BUSINESS (CONT.) H. South Side Development Area (1) Commission approval requested for Resolution No. 2112 related to acquisition of property in the South Side Development Area by eminent domain. Mr. Schalliol noted that Resolution No. 2112 sets the purchase price at $34,500 for property located at 4309 S. Main Street. The owners of the property are Mary Kravets, Annabel] Harlan, and Helen Avery. The subject parcel was added to the acquisition list earlier in today's meeting. The property has a vacant single family structure located on the east side of the property. It is necessary to acquire the property in order to facilitate streetscape and corridor improvements within the Erskine Hills shopping district. Upon a motion by Mr. King, seconded by COMMISSION APPROVED RESOLUTION No. 2112 Mr. Faccenda and unanimously carried, the RELATED TO ACQUISITION OF PROPERTY IN THE Commission approved Resolution No. 2112 SOUTH SIDE DEVELOPMENT AREA BY EMINENT related to acquisition of property in the South DOMAIN. Side Development Area by eminent domain. I. Northeast Neighborhood Development Area I Other 7. PROGRESS REPORTS There was no report. 8. NEXT COMMISSION MEETING The next meeting of the Redevelopment Commission is scheduled for Friday, December 3, 2004 at 10:00 a.m. 13 PROGRESS REPORTS NEXT COMMISSION MEETING Im South Bend Redevelopment Commission Regular Meeting November 19, 2004 9. ADJOURNMENT There being no further business to come before the Redevelopment Commission, Mr. Hunt made a motion that the meeting be adjourned. Mr. King seconded the motion and the meeting was adjourned at 10:20 a.m. Donald E. Inks, Director 14 ADJOURNMENT Marcia I. Jone sident