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Home My WebLink About10-17-03 Redevelopment Commission MinutesSOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING October 17, 2003 10:00 a.m. Presiding: Robert W. Hunt, President 1. ROLL CALL Members Present: Member Absent: Legal Counsel: 227 West Jefferson Boulevard South Bend, Indiana Mr. Robert W. Hunt, President Ms. Marcia Jones, Vice - President Mr. Matt Kahn Mr. Hardie Blake, Jr. Mr. Philip J. Faccenda, Secretary Ms. Cheryl Greene, Esq. Redevelopment Staff: Mr. Owen Rock, Assistant Director Ms. Pamela Morris, Recording Secretary Mr. Bob Case, Senior Economic Development Planner Mr. Bill Schalliol, Economic Development Planner Mr. Robert Mathia, Economic Development Specialist Mr. Tim Williams, Economic Development Specialist Ms. Jennifer Hughes, Economic Development Planner Others Present: Mr. Philip J. Faccenda, Jr., Barnes & Thornburg Ms. Pamela Paluszewski, Legal Department 2. APPROVAL OF MINUTES A. Commission approval of the Minutes of the Regular Meeting of September 19, 2003. Upon a motion by Ms. Jones, seconded by Mr. Kahn and unanimously carried, the Commission approved the Minutes of the Regular Meeting of September 19, 2003. 3. APPROVAL OF CLAIMS COMMISSION APPROVED THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 19, 2003. Redevelopment Commission Claims submitted October 17, 2003 for approval. C; 1 South Bend Redevelopment Commission Regular Meeting— October 17, 2003 3. APPROVAL OF CLAIMS (CONT.) 212 CDBG COMMUNITY DEVELOPMENT Boise Cascade Office Products Tri County News South Bend Tribune The Brookings Institute Record's Office Barnes & Thornburg Ann Kolata 324 FUND Sopko, Nussbaum & Inabnit City of South Bend CFH Landscaping Owners Association at Blackthorn, Inc. Shamrock Network Design Wissco Irrigation, Inc. 414 SAMPLE -EWING CA Studios Baker General Maintenance Susannah Bueno Translations & More CFH Landscaping 420 SBCDA CB Richard Ellis Meridian Title Corp. Traffic Engineering Consultants FUND 424 Mikolajewski & Associates, Inc. FUND 427 SAMPLE /EWING - CAPITAL FUND Department of Public Works 2 75.16 201.25 205.64 34.95 203.00 30.00 36.65 1,356.25 377.75 1,004.00 15,992.56 150.00 831.76 2,474.00 500.41 247.50 301.00 275.00 120,812.00 1,285.00 931.56 2,256.59 c South Bend Redevelopment Commission Regular Meeting— October 17, 2003 3. APPROVAL OF CLAIMS (CONT.) FUND 427 SAMPLE/EWING- CAPITAL FUND Weaver Boos Consultants, LLC DLZ Indiana, LLC 619 BLACKTHORN Meadowbrook Golf Group, Inc. Mr. Hunt inquired about the claim for Meridian Title Corp. in the amount of $120,812. Mr. Rock responded the claim was related to the October 6, 2003 closing on the Blessings Music acquisition. Upon a motion by Mr. Kahn, seconded by Mr. Blake and unanimously carried, the Commission approved the Claims submitted October 17, 2003, and ordered the checks to be released. 4. COMMUNICATIONS There were no Communications. 5. OLD BUSINESS There was no Old Business. 6. NEW BUSINESS A. South Bend Central Development Area (1) Filing of Resolution No. 2009 appropriating monies for the purpose of defraying the expenses of certain local public improvements for the fiscal year c 25,624.72 6,771.00 7,000.00 $ 188.977.75 COMMISSION APPROVED THE CLAIMS SUBMITTED OCTOBER 17, 2003, AND ORDERED THE CHECKS TO BE RELEASED. THERE WERE NO COMMUNICATIONS. THERE WAS NO OLD BUSINESS. South Bend Redevelopment Commission Regular Meeting— October 17, 2003 6. NEW BUSINESS A. South Bend Central Development Area (1) continued... beginning January 1, 2003, and ending December 31, 2003, including all outstanding claims and obligations and setting a Public Hearing for November 7, 2003 at 10:00 a.m. Mr. Rock reported that Resolution No. 2009 is related to expenses of the South Bend Central Development Area Building Operations Budget —Fund 424 which currently includes the Wayne Street parking garage, Wayne Street retail space and the Palais Royale retail spaces. The amount being appropriated from the downtown TIF is $15,000. Upon a motion by Ms. Jones, seconded by Mr. Kahn and unanimously carried, the Commission accepted for filing Resolution No. 2009 and set a public hearing on Resolution No. 2009 for 10:00 a.m., November 7, 2003 at a Regular Meeting of the Redevelopment Commission. (2) Commission approval requested for Resolution No. 2010 determining its intent to pay certain expenses incurred for local public improvements in or serving the South Bend Central Allocation Area (South Bend Allocation Area No. 1A) from the South Bend Central Allocation Area (South Bend Allocation Area No. 1A) Special Fund. 4 COMMISSION ACCEPTED FOR FILING RESOLUTION No. 2009 AND SET A PUBLIC HEARING ON RESOLUTION NO. 2009 FOR 10:00 A.M., NOVEMBER 7, 2003 AT A REGULAR MEETING OF THE REDEVELOPMENT COMMISSION. South Bend Redevelopment Commission Regular Meeting— October 17, 2003 6. NEW BUSINESS A. South Bend Central Development Area (2) continued... Mr. Rock reported that $1,555,528 is being appropriated from the South Bend Central Allocation Area (South Bend Allocation Area No. IA) Special Fund to pay off the current downtown bonds, so that new bonds can be reissued. Upon a motion by Mr. Kahn, seconded by Ms. Jones and unanimously carried, the Commission approved Resolution No. 2010 determining its intent to pay certain expenses incurred for local public improvements in or serving the South Bend Central Allocation Area (South Bend Allocation Area No. IA) from the South Bend Central Allocation Area (South Bend Allocation Area No. IA) Special Fund. (3) Filing of Resolution No. 2011 a Supplemental Appropriation Resolution of the City of South Bend Redevelopment Commission (South Bend Central Development Area) and setting a Public Hearing for November 7, 2003 at 10:00 a.m. Mr. Rock reported that Supplemental Appropriation Resolution No. 2011 will officially appropriate the $1,555,528 approved by the Commission by way of Resolution No. 2010. UA COMMISSION APPROVED RESOLUTION NO. 2010 DETERMINING ITS INTENT TO PAY CERTAIN EXPENSES INCURRED FOR LOCAL PUBLIC IMPROVEMENTS IN OR SERVING THE SOUTH BEND CENTRAL ALLOCATION AREA (SOUTH BEND ALLOCATION AREA NO. 1A) FROM THE SOUTH BEND CENTRAL ALLOCATION AREA (SOUTH BEND ALLOCATION AREA NO. 1A) SPECIAL FUND. South Bend Redevelopment Commission Regular Meeting— October 17, 2003 6. NEW BUSINESS A. South Bend Central Development Area (3) continued... Upon a motion by Mr. Kahn, seconded by Mr. Blake and unanimously carried, the Commission accepted for filing Resolution No. 2011 and set a public hearing on Resolution No. 2011 for 10:00 a.m., November 7, 2003 at a Regular Meeting of the Redevelopment Commission. (4) Commission authorization requested to use the Commission owned parking lot located at 217 South Main Street in the South Bend Central Development Area from December 4 through December 24, 2003. (Center For The Homeless, AIPN 15th Anniversary Celebration) Mr. Hunt inquired as to what day of the week December 4"' was. Mr. Kahn advised the Commission that December 4, 2003 was a Thursday. Mr. Hunt commented that Thursday, December 4' would be only one day ahead of the Mayor's lighting of the city Christmas tree and official opening of the holiday season. Mr. Mathia explained that the Center For The Homeless wanted to avoid any conflict with the Mayor's holiday activities; therefore, scheduling their celebration one day prior. 6 COMMISSION ACCEPTED FOR FILING RESOLUTION No. 2011 AND SET A PUBLIC HEARING ON RESOLUTION NO. 2011 FOR 10:00 A.M., NOVEMBER 7, 2003 AT A REGULAR MEETING OF THE REDEVELOPMENT COMMISSION. c South Bend Redevelopment Commission Regular Meeting— October 17, 2003 6. NEW BUSINESS A. South Bend Central Development Area (4) continued... Ms. Greene suggested that Item 6.A.(4) be tabled until after further discussions with The Center For The Homeless regarding satisfactory coordination and agreeable dates appropriate for both events. There were no objections and the COMMISSION TABLED ITEM 6.A.(4). Commission tabled Item 6.A.(4). (5) Commission approval requested for Resolution No. 2012 authorizing issuance of bonds for the purpose of providing funds for refunding outstanding bonds and financing redevelopment projects in the South Bend Central Allocation Area (South Bend Allocation Area No. 1A) and paying incidental expenses in connection therewith and on account of the issuance of the bonds. Mr. Philip J. Faccenda, Jr., Barnes & Thornburg, reported that Resolution No. 2012 addresses the financing of various redevelopment projects within the South Bend Central Development Area. In addition to those projects, there will be refunding of outstanding bonds to the Redevelopment Authority related to the Wayne Street garage. As a brief overview, Resolution No. 2012 approves the issuance of bonds in an amount not -to- exceed $22M, and it also achieves the additional appropriation of those funds. There was a Notice of Hearing published c 7 South Bend Redevelopment Commission Regular Meeting — October 17, 2003 6. NEW BUSINESS A. South Bend Central Development Area (5) continued... with regard to the additional appropriation and that is the purpose for the public hearing today. The term of the bonds is twenty (20) years. As mentioned previously, there are various redevelopment projects and the refunding of the Authority bonds. The outstanding principle on the Authority bonds is approximately $1,700,000. The bonds are payable solely from TIF revenues in the allocation area. There will be no other taxes pledged or other sources of revenue pledged to the bonds. The bonds are anticipated to be sold to the Indiana Bond Bank. The Indiana Bond Bank functions in a capacity of purchasing the bonds of the Redevelopment Commission and turning around and issuing bonds of its own. The advantage of being in a bond bank is their credit backing on these bonds. Also, the redevelopment Airport bonds are anticipated to be purchased by the Indiana Bond Bank as part of the same transaction. They will be issuing, as one transaction, bonds for this issue and the bonds for the Airport as well. Due to the Bond Bank's credit backing, a more favorable interest rate will be acquired on the bonds, partly because bond insurance is more readily available and will allow us to get the lower rate. Again, this will all be accomplished without having to pledge anything in addition to the TIF revenues; South Bend Redevelopment Commission Regular Meeting— October 17, 2003 6. NEW BUSINESS A. South Bend Central Development Area (5) continued... therefore, making it an attractive situation for the Redevelopment Commission. This transaction has been approved by the Indiana Bond Bank. Mr. Hunt asked what the interest rate will be. Mr. Faccenda, Jr. responded that the rate is unknown at present, but it is anticipated that the rate will be far more attractive than it would have been without going through the Indiana Bond Bank. Upon a motion by Mr. Kahn, seconded by Ms. Jones and unanimously carried, the Commission approved Resolution No. 2012 authorizing issuance of bonds for the purpose of providing funds for refunding outstanding bonds and financing redevelopment projects in the South Bend Central Allocation Area (South Bend Allocation Area No. IA) and paying incidental expenses in connection therewith and on account of the issuance of the bonds. B. Sample -Ewing Development Area (1) Commission approval requested for Contract For Sale Of Land For Private Development. (Parcel 7, Studebaker Corridor Disposition Area, Ziolkowski Construction) COMMISSION APPROVED RESOLUTION No. 2012 AUTHORIZING ISSUANCE OF BONDS FOR THE PURPOSE OF PROVIDING FUNDS FOR REFUNDING OUTSTANDING BONDS AND FINANCING REDEVELOPMENT PROJECTS IN THE SOUTH BEND CENTRAL ALLOCATION AREA (SOUTH BEND ALLOCATION AREA NO. 1 A) AND PAYING INCIDENTAL EXPENSES IN CONNECTION THEREWITH AND ON ACCOUNT OF THE ISSUANCE OF THE BONDS. South Bend Redevelopment Commission Regular Meeting— October 17, 2003 6. NEW BUSINESS B. Sample -Ewing Development Area (1) continued... Mr. Schalliol reported that the Contract for Sale for Parcel 7 in the Studebaker Corridor Disposition Area was awarded to Ziolkowkki Construction by the Redevelopment Commission on April 4, 2003. The Contract was signed by Ziolkowksi Properties, LLC on September 29, 2003. The sale price of Parcel 7 is one hundred dollars ($100). Exhibit C was added to the Contract because of the low sale price and details four (4) basic site improvements that the Commission will require Ziolkowksi Construction to complete. ► Property maintenance during all seasons. ► Removal of small shrubs and brush to clear the site and to keep the site clear. ► Clear and maintain sidewalk that runs parallel to Sample Street and Franklin Street. ► Any materials stored on site are to be properly screened. Staff requests approval of the Contract for Sale of Parcel 7 to Ziolkowksi Construction so the process can move forward to close on the property. Mr. Hunt asked how many more one hundred dollar ($100) parcels remained in the Studebaker Corridor Disposition Area. Mr. Schalliol replied that there was one (1) remaining. 10 South Bend Redevelopment Commission Regular Meeting— October 17, 2003 6. NEW BUSINESS B. Sample -Ewing Development Area (1) continued... Upon a motion by Mr. Blake, seconded by Mr. Kahn and unanimously carried, the Commission approved the Contract For Sale Of Land For Private Development. (Parcel 7, Studebaker Corridor Disposition Area, Ziolkowski Construction) C. Airport Economic Development Area (1) Commission approval requested for Resolution No. 2007 determining its intent to pay certain expenses incurred for local public improvements in or serving the Airport Economic Development Area Allocation Area No. 1 from the Airport Economic Development Area Allocation Area No. 1 Special Fund. Mr. Rock reported that Resolution No. 2007 determines the Commission's intent to pay $1,155,000 from the reserve fund to pay off the current bonds in the Airport Economic Development Area, so that new bonds can be reissued. Upon a motion by Ms. Jones, seconded by Mr. Kahn and unanimously carried, the Commission approved Resolution No. 2007 determining its intent to pay certain expenses incurred for local public improvements in or serving the Airport Economic Development Area Allocation Area No. 1 from the Airport Economic Development Area Allocation Area No. 1 Special Fund. CW 11 COMMISSION APPROVED THE CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT. (PARCEL 7, STUDEBAKER CORRIDOR DISPOSITION AREA, ZIOLKOWSKI CONSTRUCTION) COMMISSION APPROVED RESOLUTION NO. 2007 DETERMINING ITS INTENT TO PAY CERTAIN EXPENSES INCURRED FOR LOCAL PUBLIC IMPROVEMENTS IN OR SERVING THE AIRPORT ECONOMIC DEVELOPMENT AREA ALLOCATION AREA NO. 1 FROM THE AIRPORT ECONOMIC DEVELOPMENT AREA ALLOCATION AREA NO. 1 SPECIAL FUND. South Bend Redevelopment Commission Regular Meeting— October 17, 2003 6. NEW BUSINESS C. Airport Economic Development Area (coat...) (2) Filing of Resolution No. 2008 a Supplemental Appropriation Resolution of the City of South Bend Redevelopment Commission and setting a Public Hearing for November 7, 2003 at 10:00 a.m. Mr. Rock reported that Supplemental Appropriation Resolution No. 2008 will officially appropriate the $1,155,000 approved by the Commission by way of Resolution No. 2007. Upon a motion by Mr. Kahn, seconded by Mr. Blake and unanimously carried, the Commission accepted for filing Resolution No. 2008 and set a public hearing on Resolution No. 2008 for 10:00 a.m., November 7, 2003 at a Regular Meeting of the Redevelopment Commission. (3) Commission approval requested for retention of a Purchasing Agent to acquire properties (16 parcels) in the Airport Economic Development Area. (Bendix Re -route Project) Mr. Rock requested that Item 6.3.(3) be tabled. There were no objections and the Commission tabled Item 6.3.(3). (4) Commission approval requested for proposals for capital purchases in the Airport Economic Development Area. (Shade Trees, Blackthorn Golf Course) 12 COMMISSION ACCEPTED FOR FILING RESOLUTION No. 2008 AND SET A PUBLIC HEARING ON RESOLUTION NO. 2008 FOR 10:00 A.M., NOVEMBER 7, 2003 AT A REGULAR MEETING OF THE REDEVELOPMENT COMMISSION. COMMISSION TABLED ITEM 6.3.(3). South Bend Redevelopment Commission Regular Meeting— October 17, 2003 6. NEW BUSINESS C. Airport Economic Development Area (4) continued... Mr. Case reported that staff is requesting the purchase of twelve (12) to twenty (20) shade trees for the Blackthorn Golf Course. The trees will be planted at various locations around the golf course. Quotes were received from three (3) landscaping companies; Foegley Landscape, Inc., Dave Talboom Lawncare & Landscaping, Inc., and Serenescapes, Inc. Each proposal consists of a variety of trees and unit prices. The purchases have been budgeted within the 2003 Golf Course Capital Budget. Unit prices will be used to adjust the final contracts by adding or deleting trees from the proposals. Staff recommends accepting the lowest responsible quotes from Foegley Landscape, Inc. and Dave Talboom Lawncare & Landscaping, Inc. Upon a motion by Mr. Kahn, seconded by Ms. Jones and unanimously carried, the Commission approved a request for capital purchases in the Airport Economic Development Area and authorized staff to retain Foegley Landscape, Inc. and Dave Talboom Lawncare & Landscaping, Inc. based on the scope of services and fees proposed. (Shade Trees, Blackthorn Golf Course) (5) Commission approval requested for proposal for capital purchase in the Airport Economic Development Area. (Sand, Blackthorn Golf Course) 13 COMMISSION APPROVED A REQUEST FOR CAPITAL PURCHASES IN THE AIRPORT ECONOMIC DEVELOPMENT AREA AND AUTHORIZED STAFF TO RETAIN FOEGLEY LANDSCAPE, INC. AND DAVE TALBOOM LAWNCARE & LANDSCAPING, INC. BASED ON THE SCOPE OF SERVICES AND FEES PROPOSED. (SHADE TREES, BLACKTHORN GOLF COURSE) South Bend Redevelopment Commission Regular Meeting— October 17, 2003 6. NEW BUSINESS C. Airport Economic Development Area (5) continued... Mr. Rock requested that Item 6.C.(5) be withdrawn from the agenda. There were no objections and the Commission withdrew Item 6.C.(5). (6) Commission approval requested for proposal for maintenance services in the Airport Economic Development Area. (Hydro- seeding, Blackthorn Golf Course) Mr. Case reported that staff is requesting hydro- seeding of the 14`h hole at the Blackthorn Golf Course. Included in the following quotes is the application of herbicide, rototilling, grading and seeding the area. Hydro -Tek $4,449.00 Fuerbringer Landscaping & Design, Inc. $4,190.00 Staff recommends approval of Fuerbringer Landscaping & Design, Inc. Upon a motion by Mr. Kahn, seconded by Ms. Jones and unanimously carried, the Commission approved a request for maintenance services in the Airport Economic Development Area and authorized staff to retain Fuerbringer Landscaping & Design, Inc. based on the scope of services and fee proposed. (Hydro - seeding, Blackthorn Golf Course) 14 COMMISSION WITHDREW ITEM 6.C.(5). COMMISSION APPROVED A REQUEST FOR MAINTENANCE SERVICES IN THE AIRPORT ECONOMIC DEVELOPMENT AREA AND AUTHORIZED STAFF TO RETAIN FUERBRINGER LANDSCAPING & DESIGN, INC. BASED ON THE SCOPE OF SERVICES AND FEE PROPOSED. (HYDRO- SEEDING, BLACKTHORN GOLF COURSE) South Bend Redevelopment Commission Regular Meeting— October 17, 2003 6. NEW BUSINESS C. Airport Economic Development Area (coot...) (7) Filing of Resolution No. 2006 expanding the boundaries of the Airport Economic Development Area, expanding the Allocation Area for purposes of Tax Increment Financing, adding properties to the acquisition list and amending the Airport Economic Development Area Development Plan and setting a Public Hearing for Friday, November 7, 2003 at 10:00 a.m. Upon a motion by Mr. Kahn, seconded by Mr. Blake and unanimously carried, the Commission accepted for filing Resolution No. 2006 and set a public hearing on Resolution No. 2006 for 10:00 a.m., November 7, 2003 at a Regular Meeting of the Redevelopment Commission. D. South Bend Medical Services District There was no business in the South Bend Medical Services District. E. West Washington- Chapin Development Area There was no business in the West Washington - Chapin Development Area. F. South Side Development Area There was no business in the South Side Development Area. G. Other (1) Commission approval requested for proposal for professional services in the 15 COMMISSION ACCEPTED FOR FILING RESOLUTION No. 2006 AND SET A PUBLIC HEARING ON RESOLUTION NO. 2006 FOR 10:00 A.M., NOVEMBER 7, 2003 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 WASHINGTON -CHAPIN DEVELOPMENT AREA. THERE WAS NO BUSINESS IN THE SOUTH SIDE DEVELOPMENT AREA. South Bend Redevelopment Commission Regular Meeting— October 17, 2003 6. NEW BUSINESS G. Other (1) continued... proposed Northeast Neighborhood Development Area. (Surveying Services, CAD base map & legal description of proposed area) Ms. Hughes reported that staff is requesting approval for a proposal submitted by Lang, Feeney and Associates for surveying services in the proposed Northeast Neighborhood Development Area. The services covered under this proposal include the creation of a CAD base map and complete legal description of the proposed area. In addition, as a result of changes to the South Bend Central Development Area, specifically, taking the Madison Center out of the downtown allocation area, a new map and legal description will also be created for the South Bend Central Development Area. Separate legal descriptions will be written delineating the areas that will be added and removed. Lang, Feeney and Associates has completed previous survey work pertinent to the South Bend Central Development Area that will contribute to the efficient production of this boundary survey. Staff recommends accepting the proposal from Lang, Feeney and Associates in the amount of $1,000. Upon a motion by Ms. Jones, seconded by Mr. Kahn and unanimously carried, the Commission approved the request for professional services in the proposed Northeast Neighborhood Development Area 16 COMMISSION APPROVED THE REQUEST FOR PROFESSIONAL SERVICES IN THE PROPOSED NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA AND AUTHORIZED STAFF TO RETAIN LANG, FEENEY AND ASSOCIATES BASED ON THE SCOPE OF SERVICES AND FEE PROPOSED. South Bend Redevelopment Commission Regular Meeting— October 17, 2003 6. NEW BUSINESS G. Other (1) continued... and authorized staff to retain Lang, Feeney and Associates based on the scope of services and fee proposed. 7. PROGRESS REPORTS Mr. Rock reported that the closing on Blessings Music was completed Monday, October 6, 2003. The building will be vacant by the end of October, 2003 and Blessings Music will be moving to Mishawaka Avenue. The Commission congratulated Mr. Case on the birth of his new baby boy on October 9, 2003. 8. NEXT COMMISSION MEETING The next Regular Meeting of the Redevelopment Commission is scheduled for November 7, 2003 at 10:00 a.m. 9. ADJOURNMENT There being no further business to come before the Redevelopment Commission, Mr. Kahn made a motion that the meeting be adjourned. Ms. Jones seconded the motion and the meeting was adjourned at 10:27 a.m. 1� 'ez�Lx Robert W. Hunt, President 17 PROGRESS NEXT COMMISSION MEETING ADJOURNMENT Donald E. Inks, Director