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HomeMy WebLinkAbout10-03-03 Redevelopment Commission MinutesSOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING October 3, 2003 10:00 a.m. Presiding: Marcia I. Jones, Vice President 1. ROLL CALL Members Present: Members Absent: Legal Counsel: 227 West Jefferson Boulevard South Bend, Indiana Ms. Marcia Jones, Vice - President Mr. Philip J. Faccenda, Secretary Mr. Matt Kahn Mr. Robert W. Hunt, President Mr. Hardie Blake, Jr. Ms. Cheryl Greene, Esq. Redevelopment Staff: Mr. Owen Rock, Assistant Director Ms. Pamela Morris, Recording Secretary Mr. Bob Case, Senior Economic Development Planner Mr. Robert Mathia, Economic Development Specialist Mr. Tim Williams, Economic Development Specialist Mr. Andy Laurent, Economic Development Specialist Others Present: Ms. Pam Paluszewski, Legal Department Ms. Cheryl Taylor, Center for History 2. APPROVAL OF MINUTES A. Commission approval of the Minutes of the Regular Meeting of September 5, 2003. Upon a motion by Mr. Faccenda, seconded by Mr. Kahn and unanimously carried, the Commission approved the Minutes of the Regular Meeting of September 5, 2003. 3. APPROVAL OF CLAIMS COMMISSION APPROVED THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 5, 2003. Redevelopment Commission Claims submitted October 3, 2003 for approval. 212 CDBG COMMUNITY DEVELOPMENT Judy Love - Petty Cash $ 65.00 Federal Express 63.73 Ln South Bend Redevelopment Commission Regular Meeting — October 3, 2003 3. APPROVAL OF CLAIMS (CONT.) Ann Kolata 36.43 South Bend Tribune 201.38 Tri County News 36.18 East Race Printing & Graphics 27.90 Boise Cascade Office Products 43.96 Bill Schalliol 64.17 �ck9z'Iaj121i7 Warner & Sons, Inc. 14,460.00 FM Stone Commercial 1,200.00 Ken Herceg & Associates, Inc. 9,200.00 Douglas Landscaping Inc. 6,517.04 414 SAMPLE -EWING Baker General Maintenance 100.00 Fitzmaurice Landscaping 488.00 Meridian Title Corp. 50.00 420 SBCDA City of South Bend 1,543.05 FUND 424 Mikolajewski & Assocates, Inc. 931.56 $ 34.899.67 Upon a motion by Mr. Kahn, seconded by Mr. Faccenda and unanimously carried, the Commission approved the Claims submitted October 3, 2003, and ordered the checks to be released. 4. COMMUNICATIONS COMMISSION APPROVED THE CLAIMS SUBMITTED OCTOBER 3, 2003, AND ORDERED THE CHECKS TO BE RELEASED. Mr. Laurent reported that there was a large fire at COMMUNICATIONS Commission owned property on September 28, 2003. The property is located at 601 E. Broadway (former South Bend Stamping Plant) in the Sample- South Bend Redevelopment Commission Regular Meeting — October 3, 2003 4. COMMUNICATIONS (CONT.) Ewing Development Area. Staff is currently handling the property management issues that have arisen from the incident. 5. OLD BUSINESS There was no Old Business. 6. NEW BUSINESS A. Public Hearings (1) Public Hearing on Substitute Resolution No. 1997 amending the Sample -Ewing Development Area Development Plan. Mr. Laurent reported that Resolution No. 1997 will add to the acquisition list a parcel of property directly adjacent to the South Bend Stamping property which the Commission already owns. The property is partially vacant and part railroad yard. Staff feels it is in the best interest of the area to acquire the seven (7) acre parcel for redevelopment. The railroad yard formerly served the South Bend Stamping Plant which has gone out of business. Staff would like to acquire this property for redevelopment. The property, as part of the Sample -Ewing Development Area, has been declared blighted. Staff finds that the amendment to the Development Plan is reasonable given the comprehensive plan outlined in the Studebaker /Oliver strategy which the Commission has adopted. The Development Plan, with this amendment, will also conform to the comprehensive plan for the City of South Bend which designates this area for re -use as industrial development. Acquisition of this property will benefit the public by re -using the THERE WAS NO OLD BUSINESS. South Bend Redevelopment Commission Regular Meeting — October 3, 2003 6. NEW BUSINESS A. Public Hearings (1) continued... vacant, abandoned railroad yard for new light industry and warehousing. Mr. Rock noted 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) Copy of Substitute Resolution No. 1997; (3) Affidavits from the Tri County News and South Bend Tribune that the Notice of Public Hearing was published in those newspapers on September 12, 2003; (4) Statement from staff that affected CW property owners, registered neighborhood associations and taxing units were notified; and (5) As of 10:00 a.m. this morning, no written remonstrances were received. Ms. Jones opened the Public Hearing on Substitute Resolution No. 1997 and asked if there was anyone from the public who wished to speak. There being no one from the public who wished to speak regarding Substitute Resolution No. 1997, Ms. Jones closed the Public Hearing for whatever action the Commission wished to take. (2) Commission approval requested for Substitute Resolution No. 1997. Ms. Greene noted that Substitute Resolution No. 1997, an amendment to a development plan, which is governed by Indiana Code 36 -7 -14 -17.5 which requires a finding by the Commission that the amendment to the Development Plan is appropriate and PUBLIC HEARING ON SUBSTITUTE RESOLUTION NO. 1997 AMENDING THE SAMPLE -EWING DEVELOPMENT AREA DEVELOPMENT PLAN. South Bend Redevelopment Commission Regular Meeting — October 3, 2003 6. NEW BUSINESS A. Public Hearings (2) continued... reasonable and that it conforms to the comprehensive plan for the City. Substitute Resolution No. 1997 outlines those findings. Upon a motion by Mr. Kahn, seconded by Mr. Faccenda and unanimously carried, the Commission found the proposed amendment to be appropriate and reasonable, to conform to the comprehensive plan for the City and approved Substitute Resolution No. 1997 amending the Sample -Ewing Development Area Development Plan. (Sample -Ewing Development Area) (3) Public Hearing on Resolution No. 2000 contracting the boundaries of the West Washington- Chapin Development Area, reducing the Allocation Area for purposes of Tax Increment Financing and amending the Development Plan for the West Washington- Chapin Development Area. Mr. Mathia reported that Resolution No. 2000 will remove the area surrounding the Center for History and the new site for the Studebaker Museum from the West Washington- Chapin Development Area. This property will ultimately be added to the South Bend Central Development Area. We intend to issue a bond in the South Bend Central Development Area and use some of the proceeds from the bond to finance the construction of the Studebaker Museum. Resolution No. 2000 will also reduce the Allocation Area and change the legal description of the West Washington- Chapin Development Area. COMMISSION FOUND THE PROPOSED AMENDMENT TO BE APPROPRIATE AND REASONABLE, TO CONFORM TO THE COMPREHENSIVE PLAN FOR THE CITY AND APPROVED SUBSTITUTE RESOLUTION NO. 1997 AMENDING THE SAMPLE -EWING DEVELOPMENT AREA DEVELOPMENT PLAN. (SAMPLE -EWING DEVELOPMENT AREA) South Bend Redevelopment Commission Regular Meeting — October 3, 2003 6. NEW BUSINESS A. Public Hearings (3) continued... Mr. Rock noted 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) Copy of Resolution No. 2000; (3) Affidavits from the Tri County News and South Bend Tribune that the Notice of Public Hearing was published in those newspapers on September 19, 2003; (4) Statement from staff that affected property owners, registered neighborhood associations and government units were notified; and (5) As of 10:00 a.m. this morning, no written remonstrances were received. Ms. Greene noted that Resolution No. 2000 is an amendment to a Development Plan governed by Indiana Code 36 -7 -14 -17.5 and the findings of the Commission must be that the amendment to the Development Plan is appropriate and reasonable and that it does conform to the comprehensive plan for the City of South Bend. Mr. Faccenda stated for the record it is his normal practice to abstain from voting on issues involving the law firm of Barnes & Thornburg from which he retired. Today his vote is needed to establish a quorum. Mr. Faccenda advised that there is no real conflict of interest, only an apparent one. Ms. Greene asked Mr. Faccenda if he had any pecuniary interest in the proceedings. Mr. Faccenda responded that he did not. South Bend Redevelopment Commission Regular Meeting — October 3, 2003 Ms. Greene noted that Mr. Faccenda has disclosed his association with Barnes & Thornburg on the record and his vote is acceptable. Ms. Jones opened the Public Hearing on Resolution No. 2000 and asked if there was anyone from the public who wished to speak. There being no one from the public who wished to speak regarding Resolution No. 2000, Ms. Jones closed the Public Hearing for whatever action the Commission wished to take. (4) Commission approval requested for Resolution No. 2000. Upon a motion by Mr. Kahn, seconded by Mr. Faccenda and unanimously carried, the Commission found the amendment to be appropriate and reasonable, to conform to the comprehensive plan for the City and approved Resolution No. 2000 contracting the boundaries of the West Washington - Chapin Development Area, reducing the Allocation Area for purposes of Tax Increment Financing and amending the Development Plan for the West Washington- Chapin Development Area. (West Washington- Chapin Development Area) (5) Public Hearing on Resolution No. 2001 expanding the boundaries of the South Bend Central Development Area, expanding the Allocation Area for purposes of Tax Increment Financing and amending the South Bend Central Development Area Development Plan. Mr. Mathia reported that Resolution No. 2001 will add the Center for History with surrounding property and the new PUBLIC HEARING ON RESOLUTION NO. 2000 CONTRACTING THE BOUNDARIES OF THE WEST WASHINGTON -CHAPIN DEVELOPMENT AREA, REDUCING THE ALLOCATION AREA FOR PURPOSES OF TAX INCREMENT FINANCING AND AMENDING THE DEVELOPMENT PLAN FOR THE WEST WASHINGTON -CHAPIN DEVELOPMENT AREA. COMMISSION FOUND THE AMENDMENT TO BE APPROPRIATE AND REASONABLE, TO CONFORM TO THE COMPREHENSIVE PLAN FOR THE CITY AND APPROVED RESOLUTION NO. 2000 CONTRACTING THE BOUNDARIES OF THE WEST WASHINGTON -CHAPIN DEVELOPMENT AREA, REDUCING THE ALLOCATION AREA FOR PURPOSES OF TAX INCREMENT FINANCING AND AMENDING THE DEVELOPMENT PLAN FOR THE WEST WASHINGTON -CHAPIN DEVELOPMENT AREA. (WEST WASHINGTON -CHAPIN DEVELOPMENT AREA) South Bend Redevelopment Commission Regular Meeting — October 3, 2003 6. NEW BUSINESS A. Public Hearings (5) continued... Studebaker Museum site to the South Bend Central Development Area. The project financing can then come from the South Bend Central Development Area TIF program and bond issue. Originally, the museum was going to be built on its current site. The decision was made to put the two museums side by side resulting in certain economies of scale in terms of reducing maintenance staff, joint exhibits and other functions of the museums. Staff supports and recommends moving the current museum to the proposed site. Mr. Rock noted 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) Copy of Resolution No. 2001; (3) Affidavits from the Tri County News and South Bend Tribune that the Notice of Public Hearing was published in those newspapers on September 19, 2003; (4) Statement from staff that affected property owners, registered neighborhood associations and government units were notified; and (5) As of 10:00 a.m. this morning, no written remonstrances were received. Mr. Mathia noted that the expansion area was determined to be a blighted under the West Washington- Chapin Development Area and is still considered blighted under the South Bend Central Development Area. South Bend Redevelopment Commission Regular Meeting — October 3, 2003 6. NEW BUSINESS A. Public Hearings (5) continued... Ms. Greene noted that Resolution No. 2001 is an amendment to a Development Plan governed by Indiana Code 36 -7 -14 -17.5 and the findings of the Commission must be that the amendment to the Development Plan is appropriate and reasonable and that it does conform to the comprehensive plan for the City of South Bend. Ms. Jones opened the Public Hearing on Resolution No. 2001 and asked if there was anyone from the public who wished to speak. There being no one from the public who wished to speak regarding Resolution No. 2001, Ms. Jones closed the Public Hearing for whatever action the Commission wished to take. (6) Commission approval requested for Resolution No. 2001. Upon a motion by Mr. Kahn, seconded by Mr. Faccenda and unanimously carried, the Commission found the proposed amendment to be appropriate and reasonable, to conform to the comprehensive plan for the City and approved Resolution No. 2001 expanding the boundaries of the South Bend Central Development Area, expanding the Allocation Area for purposes of Tax Increment Financing and amending the South Bend Central Development Area Development Plan. (South Bend Central Development Area) PUBLIC HEARING ON RESOLUTION NO. 2001 EXPANDING THE BOUNDARIES OF THE SOUTH BEND CENTRAL DEVELOPMENT AREA, EXPANDING THE ALLOCATION AREA FOR PURPOSES OF TAX INCREMENT FINANCING AND AMENDING THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN. COMMISSION FOUND THE PROPOSED AMENDMENT TO BE APPROPRIATE AND REASONABLE, TO CONFORM TO THE COMPREHENSIVE PLAN FOR THE CITY AND APPROVED RESOLUTION NO. 2001 EXPANDING THE BOUNDARIES OF THE SOUTH BEND CENTRAL DEVELOPMENT AREA, EXPANDING THE ALLOCATION AREA FOR PURPOSES OF TAX INCREMENT FINANCING AND AMENDING THE SOUTH BEND CENTRAL DEVELOPMENT AREA DEVELOPMENT PLAN. (SOUTH BEND CENTRAL DEVELOPMENT AREA) South Bend Redevelopment Commission Regular Meeting — October 3, 2003 6. NEW BUSINESS (CONT.) B. Housing (1) Commission approval requested for Loan and Grant in connection with the South Bend Home Improvement Loan Program for property located at 145 N. Albert Street. (Joe Ann Foster) Mr. Rock advised that the loan is in the amount of $3,350 and the grant is in the amount of $7,500. Upon a motion by Mr. Faccenda, seconded by Mr. Kahn and unanimously carried, the Commission approved the Loan and Grant in accordance with the South Bend Home Improvement Loan Program for property located at 145 N. Albert Street. (Joe Ann Foster) (2) Commission approval requested for Loan and Grant in connection with the South Bend Home Improvement Loan Program for property located at 1Q23 California Avenue. (Lois Land) Mr. Rock advised that the loan is in the amount of $4,200 and the grant is in the amount of $7,500. Upon a motion by Mr. Kahn, seconded by Mr. Faccenda and unanimously carried, the Commission approved the Loan and Grant in accordance with the South Bend Home Improvement Loan Program for property located at 1023 California Avenue. (Lois Land) (3) Commission approval requested for Loan and Grant in connection with the South Bend Home Improvement Loan Program for property located at 1022 Portage Avenue. (Lori A. Whiteman) COMMISSION APPROVED THE LOAN AND GRANT IN ACCORDANCE WITH THE SOUTH BEND HOME IMPROVEMENT LOAN PROGRAM FOR PROPERTY LOCATED AT 145 N. ALBERT STREET. (JOE ANN FOSTER) COMMISSION APPROVED THE LOAN AND GRANT IN ACCORDANCE WITH THE SOUTH BEND HOME IMPROVEMENT LOAN PROGRAM FOR PROPERTY LOCATED AT 1023 CALIFORNIA AVENUE. (LOIS LAND) South Bend Redevelopment Commission Regular Meeting — October 3, 2003 6. NEW BUSINESS B. Housing (3) continued... Mr. Rock advised that the loan is in the amount of $3,100 and the grant is in the amount of $7,500. Upon a motion by Mr. Kahn, seconded by Mr. Faccenda and unanimously carried, the Commission approved the Loan and Grant in accordance with the South Bend Home Improvement Loan Program for property located at 1022 Portage Avenue. (Lori A. Whiteman) C. South Bend Central Development Area (1) Commission approval requested for Resolution No. 2005 related to acquisition of property in the South Bend Central Development Area by eminent domain. (Inwoods Building) Mr. Rock reported that Resolution No. 2005 will give staff permission to send a purchase offer for property located at 423 and 425 S. Michigan Street in the amount of $435,000. This property is commonly known as the Inwoods property. The property is located in an area previously found to be blighted. In order to accomplish the redevelopment of the area, it is reasonable, appropriate and necessary to acquire the property because redevelopment cannot otherwise be accomplished. This building is in deteriorating condition and is currently not occupied. Staff believes that acquisition of the property and redevelopment of the area is in the public benefit and is reasonable and appropriate. Acquisition and redevelopment COMMISSION APPROVED THE LOAN AND GRANT IN ACCORDANCE WITH THE SOUTH BEND HOME IMPROVEMENT LOAN PROGRAM FOR PROPERTY LOCATED AT 1022 PORTAGE AVENUE. LORI A. WHITEMAN) South Bend Redevelopment Commission Regular Meeting — October 3, 2003 6. NEW BUSINESS C. South Bend Central Development Area (1) continued... of the property also conforms to the comprehensive plan for the City of South Bend. Ms. Greene noted that acquisition of property is governed by Indiana Code 36- 7 -14 -19 and the Commission must make certain findings before making a determination to acquire this property. Mainly, that it is reasonable and appropriate in relation to the area plan and also conforms to the comprehensive plan for the City of South Bend. Upon a motion by Mr. Kahn, seconded by Mr. Faccenda and unanimously carried, the Commission found the acquisition to be reasonable and appropriate, to conform to the comprehensive plan for the City and to be of public benefit and utility and approved Resolution No. 2005 related to acquisition of property in the South Bend Central Development Area by eminent domain. (Inwoods Building) (2) Commission approval requested to purchase an Option for property located in the South Bend Central Development Area. (Inwoods Building) Ms. Jones advised that Item 6.C.(2) will be tabled with the recognition that correspondence has been received related to the Inwoods Building property. The Commission requested staff pursue the correspondence accordingly and provide follow up at a later meeting. There were no objections and the Commission tabled Item 6.C.(2). COMMISSION FOUND THE ACQUISITION TO BE REASONABLE AND APPROPRIATE, TO CONFORM TO THE COMPREHENSIVE PLAN FOR THE CITY AND TO BE OF PUBLIC BENEFIT AND UTILITY AND APPROVED RESOLUTION NO. 2005 RELATED TO ACQUISITION OF PROPERTY IN THE SOUTH BEND CENTRAL DEVELOPMENT AREA BY EMINENT DOMAIN. (INWOODS BUILDING) COMMISSION TABLED ITEM 6.C.(2). South Bend Redevelopment Commission Regular Meeting — October 3, 2003 6. NEW BUSINESS C. South Bend Central Development Area (3) Commission approval requested for Release of Easement for property located in the South Bend Central Development Area. (Chocolate Cafe) Mr. Mathia reported that the Redevelopment Authority granted a non - buildable easement to the Redevelopment Commission in 1997 when the Commission signed the lease agreement for the building the Chocolate Cafe is located in. The Chocolate Cafe now wishes to expand northward across the non- buildable easement. The Authority has granted a Release of Easement, and, as part of the process for completing the documentation for the replat, the existing non - buildable easement must be released by the Commission as Grantee. Without the release, the Area Plan Commission cannot give final approval to the new replat. A new non - buildable easement conforming to the new propety boundaries has already been surveyed and is in the process of being recorded. Staff recommends approval and execution of the Release of Easement. Upon a motion by Mr. Kahn, seconded by Mr. Faccenda and unanimously carried, the Commission approved the Release of Easement for property located in the South Bend Central Development Area. (Chocolate Cafe) D. Sample -Ewing Development Area (1) Commission approval requested for proposal for professional services in the Sample -Ewing Development Area. (Appraisal work, South Bend Lathe property and the Underground Pipe & Valve property) COMMISSION APPROVED THE RELEASE OF EASEMENT FOR PROPERTY LOCATED IN THE SOUTH BEND CENTRAL DEVELOPMENT AREA. (CHOCOLATE CAFE) South Bend Redevelopment Commission Regular Meeting — October 3, 2003 6. NEW BUSINESS D. Sample -Ewing Development Area (1) continued... Mr. Laurent reported that staff solicited proposals from R. E. McCloskey & Associates, Inc., Jerome Michaels, MAI and R. E. Pitts & Associates, Inc. for an appraisal of properties at 400 W. Sample (South Bend Lathe) and 1100 Prairie Avenue (Underground Pipe & Valve), both located in the Sample -Ewing Development Area. The proposals are as follows: R. E. McCloskey & Associates, Inc. 1. Unable to submit proposal at this time. Jerome Michaels, MAI D. $4,000 each property R. E. Pitts & Associates, Inc. ► $5,350 each property Staff recommends accepting the proposal from Jerome Michaels, MAI in the amount of $4,000 each for a total of $8,000. Upon a motion by Mr. Kahn, seconded by Mr. Faccenda and unanimously carried, the Commission approved the request for professional services in the Sample -Ewing Development Area and authorized staff to retain Jerome Michaels, MAI based on the scope of services and fee proposed. (Appraisal work, South Bend Lathe and the Underground Pipe & Valve) E. Airport Economic Development Area (1) Filing of Resolution No. 2006 expanding the boundaries of the Airport Economic Development Area, expanding the Allocation Area for purposes of Tax COMMISSION APPROVED THE REQUEST FOR PROFESSIONAL SERVICES IN THE SAMPLE -EWING DEVELOPMENT AREA AND AUTHORIZED STAFF TO RETAIN JEROME MICHAELS, MAI BASED ON THE SCOPE OF SERVICES AND FEE PROPOSED. (APPRAISAL WORK, SOUTH BEND LATHE AND THE UNDERGROUND PIPE & VALVE) South Bend Redevelopment Commission Regular Meeting — October 3, 2003 6. NEW BUSINESS E. Airport Economic Development Area (1) continued... Increment Financing, adding properties to the acquisition list and amending the Airport Economic Development Area Development Plan and setting a Public Hearing for Friday, October 17, 2003 at 10:00 a.m. Mr. Rock requested that Item 6.E.(1) be tabled pending additional legal work. There were no objections and the Commission tabled Item 6.E.(1). F. South Bend Medical Services District There was no business in the South Bend Medical Services District. G. West Washington- Chapin Development Area There was no business in the West Washington - Chapin Development Area. H. South Side Development Area There was no business in the South Side Development Area. I. Other There was no Other business. 7. PROGRESS REPORTS Mr. Rock reported that with today's approval of the Release of Easement for the Chocolate Cafe, that project will move forward and will be a nice addition to the downtown. COMMISSION TABLED ITEM 6.E.(I). 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. THERE WAS NO OTHER BUSINESS. PROGRESS South Bend Redevelopment Commission Regular Meeting — October 3, 2003 7. PROGRESS REPORTS (CONT.) Mr. Rock advised that the Indiana Association of Cities and Towns (IACT) was recently in South Bend. The conference was very successful filling approximately 800 hotel rooms within the area. Ms. Greene advised that the City of South Bend won an award for its work on the Palais Royale Building. 8. NEXT COMMISSION MEETING The next Regular Meeting of the Redevelopment Commission is scheduled for October 17, 2003 at 10:00 a.m. 9. ADJOURNMENT NEXT COMMISSION MEETING There being no further business to come before the ADJOURNMENT Redevelopment Commission, Mr. Kahn made a motion that the meeting be adjourned. Mr. Faccenda seconded the motion and the meeting was adjourned at 10:25 a.m. Robert W. Hunt, President Donald E. Inks, Director