HomeMy WebLinkAbout07-19-02 Redevelopment Commission Minutese 1
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SOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING
July 19, 2002
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. Philip J. Faccenda, Secretary
Ms. M. Catherine Roemer
Mr. Matt Kahn
Ms. Cheryl Greene
Redevelopment Staff: Mr. Donald Inks, Director
Ms. Pamela Morris, Recording Secretary
Mr. Owen Rock, Assistant Director
Mr. Mike Beitzinger, Assistant Director
Mr. Bob Case, Senior Economic Development Planner
Mr. Robert Mathia, Economic Development Specialist
Mr. Tim Williams, Economic Development Specialist
Ms. Felicia Davis, Tax Abatement Specialist
Mr. Marco Mariani, Senior Planner
Others Present: Ms. Anne Bruneel, Baker & Daniels
Mr. John Devereaux, Project Future
Ms. Sheral Litell, CB Richard Ellis
2. APPROVAL OF MINUTES
A. Commission approval of the Minutes of the
Regular Meeting of June 21, 2002.
Upon a motion by Mr. Faccenda, seconded by
Ms. Jones and unanimously carried, the
Commission approved the Minutes of the
Regular Meeting of June 21, 2002.
3. APPROVAL OF CLAIMS
1
COMMISSION APPROVED THE MINUTES OF THE
REGULAR MEETING OF .TUNE 21, 2002.
v
South Bend Redevelopment Commission
Regular Meeting —July 19, 2002
Redevelopment Commission Claims submitted July 19, 2002 for approval.
212 CDBG COMMUNITY DEVELOPMENT
Jennifer Hullinger $
144.02
Insty- Prints
202.50
Print Shop
210.00
CA Studios
4,224.00
Photography Plus
1,180.00
Indiana Association of Cities and Towns
50.00
Travelmore
1,102.20
FedEx
98.11
Volume Services America
83.10
Bank One
60.00
324 FUND
The Troyer Group, Inc.
18,288.00
Jerome E. Michaels, MAI
18,350.00
R.E. Pitts & Associates, Inc.
19,200.00
Kenny Outdoor Solutions
1,649.70
Meridian Title Corp.
1,050.00
ETNA Supply Company
413.70
Magic Carpet Turf Farms
252.50
Reith -Riley Construction Co., Inc.
2,772.00
Bob Frame Inc.
1,300.00
City Awning
2,489.00
Abonmarche Consultants of Indiana, LLC
3,350.00
Edges Lawn Care
145.00
Bamber L.L.C.
40,000.00
14
414 SAMPLE -EWING
South Bend Water Works 134.66
CFH Landscape Service 3,515.00
Meridian Title Corp. 300.00
Niblock Excavating & Asphalt 63,496.48
Jonathan Baker 1,200.00
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South Bend Redevelopment Commission
Regular Meeting —July 19, 2002
420 SBCDA
Edges Lawn Care 400.00
Lehman & Lehman 4,151.25
422 TIF WWDC
Mathews Purucker Anella, Inc. 1,040.00
Lehman & Lehman 1,313.75
Edges Lawn Care 400.00
424 TIF SBCDA - BUILDING OPERATIONS
CB Richard Ellis 1,977.39
Hill's True Value Hardware 31.93
AEP 302.48
NIPSCO 6.07
$ 194,882.84
Upon a motion by Ms. Jones, seconded by Mr.
Faccenda and unanimously carried, the Commission
approved the Claims submitted July 19, 2002, 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. Tax Abatements
(1) Commission approval requested for
Resolution No. 1896 approving an
application for real property tax
deduction for property located at
7701 Vorden Court in the Airport
A
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COMMISSION APPROVED THE CLAIMS SUBMITTED
JULY 19, 2002, AND ORDERED THE CHECKS TO
BE RELEASED.
THERE WERE NO COMMUNICATIONS.
THERE WAS NO OLD BUSINESS.
South Bend Redevelopment Commission
Regular Meeting —July 19, 2002
Economic Development Area. (TD 1996
Real Estate Trust)
Ms. Davis gave the staff report on the
project. Tech Data proposes to build, in
two - phases, a 450,000 - 500,000 SF building
on 30.4 acres of land in the Blackthorn West
Business Park. Phase I will be
approximately 300,000 SF. The estimated
cost of the project is $12,000,000. The
building will house Tech Data's new
Midwest logistics center. The facility will
serve their customers throughout the
Midwest and supplement the service
provided by their other logistic centers
nationwide.
Tech Data currently has a logistics center in
South Bend which employs approximately
133 full -time and 27 temporary employees
I representing an annual payroll of $4.5
million. Tech Data has decided to remain in
South Bend rather than relocate to another
city or state; therefore, these jobs will
remain in South Bend. The company is
projecting an increase of eight full -time
employees in the next few years,
representing new annual salaries of
$222,000.
The petitioner has been granted or associated
with one previous tax abatement. The
property is properly zoned for the proposed
project. The property is located in the
Airport Economic Development Area, which
is a Tax Incremental Allocation Area;
therefore, the petition for real property tax
abatement must first be approved by the
South Bend Redevelopment Commission. A
review of the Tax Abatement Ordinance
finds that the petitioner does meet the
IL 4
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South Bend Redevelopment Commission
Regular Meeting —July 19, 2002
qualifications for a ten year real property tax
abatement.
Based on a total project cost of $12,000,000
the cost of the tax abatement is as follows:
Mr. John Devereaux of Project Future
advised that the site selection process with
Tech Data actually began in September
2000. Due to economic conditions at that
time, Tech Data chose to delay the project
and to extend their existing lease. In
January 2002, Tech Data had expressed a
strong interest in staying in South Bend, but
had concerns involving logistics and how to
best serve their customers. Other locations
considered by Tech Data included
Columbus, Ohio; Indianapolis, Indiana; and
a suburb of Chicago, Illinois.
Mr. Devereaux noted that Project Future
worked with UPS and also presented to Tech
Data a study indicating which area would
best serve them. Tech Data decided to
remain in South Bend.
Upon a motion by Mr. Faccenda, seconded
5
COMMISSION APPROVED RESOLUTION NO. 1896
APPROVING AN APPLICATION FOR REAL
Estimated
taxes over
10 years
Without
$3,866,982
Abatement
With 10 -year
$1,952,826
abatement
Estimated cost
$1,914,156
of 10 -year
abatement
Mr. John Devereaux of Project Future
advised that the site selection process with
Tech Data actually began in September
2000. Due to economic conditions at that
time, Tech Data chose to delay the project
and to extend their existing lease. In
January 2002, Tech Data had expressed a
strong interest in staying in South Bend, but
had concerns involving logistics and how to
best serve their customers. Other locations
considered by Tech Data included
Columbus, Ohio; Indianapolis, Indiana; and
a suburb of Chicago, Illinois.
Mr. Devereaux noted that Project Future
worked with UPS and also presented to Tech
Data a study indicating which area would
best serve them. Tech Data decided to
remain in South Bend.
Upon a motion by Mr. Faccenda, seconded
5
COMMISSION APPROVED RESOLUTION NO. 1896
APPROVING AN APPLICATION FOR REAL
South Bend Redevelopment Commission
Regular Meeting —July 19, 2002
by Ms. Roemer and unanimously carried, the
Commission approved Resolution No. 1896
approving an application for real property
tax deduction for property located at
7701 Vorden Court in the Airport Economic
Development Area. (TD 1996 Real Estate
Trust)
(2) Commission approval requested for
Resolution No.1897 approving an
application for personal property tax
deduction for property located at
2603 Foundation Drive in the Airport
Economic Development Area. (Ely
Chemical Co., LTD.)
Ms. Davis gave the staff report on the
project. Ely Chemical Company, based in
the United Kingdom, is one of the world's
leading manufacturers of Non - Destructive
Testing (NDT) Materials. NDT products are
used within a system of cleaning and
developing materials to find surface defects
that are generally undetectable by the naked
eye. Ely's Indiana customer base includes
Rolls- Royce, Honeywell, NSK, Caterpillar,
and Bethlehem Steel and as such Northern
Indiana is considered to be an ideal location
for a manufacturing base. This project calls
for the purchase of special equipment to be
used in the design, development, mixing,
storage, and distribution of NDT materials.
The total cost of the project is estimated at
$350,000.
It is estimated that this project will create
eight new, permanent, full -time jobs
representing a new annual payroll of
$200,000 (average of $25,000).
The petitioner has not been granted any
C
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PROPERTY TAX DEDUCTION FOR PROPERTY
LOCATED AT 7701 VORDEN COURT IN THE
AIRPORT ECONOMIC DEVELOPMENT AREA.
(TD 1996 REAL ESTATE TRUST)
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South Bend Redevelopment Commission
Regular Meeting —July 19, 2002
previous tax abatements. The property is
properly zoned for the proposed project.
The property is located in the Airport
Economic Development Area, which is a
Tax Incremental Allocation Area; therefore,
the petition for personal property tax
abatement must first be approved by the
South Bend Redevelopment Commission. A
review of the Tax Abatement Ordinance
finds that the petitioner meets the
qualifications for a five year personal
property tax abatement.
Based on a total equipment cost of $350,000
the cost of the tax abatement is as follows:
Ms. Davis introduced Ms. Sheral Litell of
CB Richard Ellis representing Ely Chemical
Co., LTD. which is located in England.
Ms. Litell reported that there was a lot of
competition with Michigan and other sites
related to this project. Ely Chemical has a
company in Illinois which was also a
considered site. They produce de -icer for
airports and manufacturer gel used in
sonograms. Ely Chemical recognizes the
South Bend location as being second in the
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Estimated taxes
over 5 years
Without
$36,304
abatement
With 5 -year
$12,426
abatement
Estimated
$23,879
cost of 5 -year
abatement
Ms. Davis introduced Ms. Sheral Litell of
CB Richard Ellis representing Ely Chemical
Co., LTD. which is located in England.
Ms. Litell reported that there was a lot of
competition with Michigan and other sites
related to this project. Ely Chemical has a
company in Illinois which was also a
considered site. They produce de -icer for
airports and manufacturer gel used in
sonograms. Ely Chemical recognizes the
South Bend location as being second in the
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South Bend Redevelopment Commission
Regular Meeting —July 19, 2002
nation for over - the -road distribution and the
fact that they work very closely with
Honeywell also made this a prime location.
They are not only conscious, but very
familiar with distributing within the U.S.
Ms. Litell noted that Ely Chemical is a very
interesting, environmentally friendly
company.
Mr. Beitzinger reported that staff had
worked with Don Fozo's office to make sure
the Building Department did not have any
concerns over this project. Mr. Fozo has
reviewed the operation and has approved of
the project. Staff has also worked with Jack
Dillon in Environmental Services to make
sure this project complies with all necessary
requirements of that office. They are
currently in the process of completing the
IL paperwork to assure all requirements are
met.
Upon a motion by Mr. Faccenda, seconded
by Ms. Jones and unanimously carried, the
Commission approved Resolution No. 1897
approving an application for personal
property tax deduction for property located
at 2603 Foundation Drive in the Airport
Economic Development Area. (Ely
Chemical Co., LTD.)
B. Housing
(1) Commission approval requested for
Modification Agreement for property
located at 617 E. Haney in connection
with the Affordable Loan Program.
(Raymond Garcia, Sr. and Jimmie Lou
Garcia)
Mr. Inks reported that the Modification
L
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COMMISSION APPROVED RESOLUTION No. 1897
APPROVING AN APPLICATION FOR PERSONAL
PROPERTY TAX DEDUCTION FOR PROPERTY
LOCATED AT 2603 FOUNDATION DRIVE IN THE
AIRPORT ECONOMIC DEVELOPMENT AREA.
(ELY CHEMICAL CO., LTD.)
South Bend Redevelopment Commission
Regular Meeting —July 19, 2002
Agreement reduces the monthly payment
due by the Borrowers to the City of South
Bend making it more affordable. The new
monthly installment is $63.76.
Upon a motion by Ms. Jones, seconded by
Ms. Roemer and unanimously carried, the
Commission approved the Modification
Agreement for property located at 617 E.
Haney in connection with the Affordable
Loan Program. (Raymond Garcia, Sr. and
Jimmie Lou Garcia)
C. South Bend Central Development Area
(1) Commission authorization requested to
use the Wayne Street garage in the South
Bend Central Development Area on
Friday, September 20, 2002. (David
Niezgodski)
Mr. Inks requested that Item 6.C.1. be
tabled. There were no objections and the
Commission tabled Item 6.C.1.
D. Sample -Ewing Development Area
(1) Commission approval requested for
Resolution No. 1898 a preliminary bond
resolution of the South Bend
Redevelopment Commission authorizing
the issuance of bonds of the South Bend
Redevelopment District for the purpose of
raising money for redevelopment and
economic development in the Sample -
Ewing Development Area. (TJX Project)
Ms. Anne Bruneel, Baker and Daniels,
reported that preliminary bond Resolution
No. 1898 will set the parameters for the
bond issue. The maximum amount of the
ILI 9
COMMISSION APPROVED THE MODIFICATION
AGREEMENT FOR PROPERTY LOCATED AT 617 E.
HANEY IN CONNECTION WITH THE AFFORDABLE
LOAN PROGRAM. (RAYMOND GARCIA, SR. AND
JIMMIE Lou GARCIA)
COMMISSION TABLED ITEM 6.C.1.
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South Bend Redevelopment Commission
Regular Meeting —July 19, 2002
bonds is set at $9M, with an interest rate cap
of 7% and a twenty -five year term. The
structuring is proposed as a TIF revenue
bond, payable secondly from COIT
revenues, but ultimately by a tax backup.
The bondholders will view the tax backup as
the principal security on the bonds. Because
of the tax backup, it will require approval by
the former State Tax Board, now called the
Department of Local Government Finance.
Approval is scheduled for August 22nd.
Upon a motion by Ms. Jones, seconded by
Ms. Roemer and unanimously carried, the
Commission approved Resolution No. 1898
a preliminary bond resolution authorizing
the issuance of bonds of the South Bend
Redevelopment District for the purpose of
raising money for redevelopment and
economic development in the Sample -Ewing
Development Area.
(2) Staff report on acquisition of property
located in the Sample -Ewing
Development Area. (Kovas, Thien and
Sumiko properties)
Mr. Williams reported that twenty Purchase
Offers were sent to property owners in the
Sample -Ewing Development Area. Seven
of these properties are vacant lots and the
owners accepted the offers as submitted.
Warranty Deeds have been prepared,
Disclosure Statements are finished and staff
requests approval of the Quit Claim Deeds
and authorization to close on the properties.
Upon a motion by Mr. Faccenda, seconded
by Ms. Roemer and unanimously carried, the
Commission approved the Quit Claim Deeds
and authorized staff to close on the
10
COMMISSION APPROVED RESOLUTION NO. 1898
A PRELIMINARY BOND RESOLUTION AUTHORIZING
THE ISSUANCE OF BONDS OF THE SOUTH BEND
REDEVELOPMENT DISTRICT FOR THE PURPOSE OF
RAISING MONEY FOR REDEVELOPMENT AND
ECONOMIC DEVELOPMENT IN THE SAMPLE -
EWING DEVELOPMENT AREA.
COMMISSION APPROVED THE QUIT CLAIM DEEDS
AND AUTHORIZED STAFF TO CLOSE ON THE
PROPERTIES. (KOVAS, THIEN AND SUMIKO
PROPERTIES)
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South Bend Redevelopment Commission
Regular Meeting —July 19, 2002
properties. (Kovas, Thien and Sumiko
properties)
(3) Commission approval requested for
Resolution No. 1899 approving the
transfer of real property to the City of
South Bend, Indiana.
Mr. Inks reported that Resolution No. 1899
transfers the retention pond areas related to
the TJX Project to the City of South Bend
Board of Public Works.
Upon a motion by Ms. Roemer, seconded by
Ms. Jones and unanimously carried, the
Commission approved Resolution No. 1899
approving the transfer of real property to the
City of South Bend, Indiana.
(4) Commission approval requested for
proposal for professional services in the
Sample -Ewing Development Area.
(Engineering services, Oliver Plow
Works)
Mr. Rock reported that two quotes were
requested for engineering services at the
Oliver Plow Works property. The proposals
were solicited from Arsee Engineers, Inc.
and Ken Herceg & Associates, Inc. Both are
respected firms in the engineering field. The
Arsee proposal is in the amount of $10,800
with a contingent fee of $3,000 for use of a
150 ton crane to closely examine the
smokestack. The Herceg proposal is in the
amount of $8,200.
Mr. Rock requested the Commission
approve the lowest proposal after staff
approaches Herceg & Associates to receive a
second quote on the additional services that
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COMMISSION APPROVED RESOLUTION NO. 1 899
APPROVING THE TRANSFER OF REAL PROPERTY
TO THE CITY OF SOUTH BEND, INDIANA.
South Bend Redevelopment Commission
Regular Meeting —July 19, 2002
were included in the Arsee proposal (crane
and basket to observe the stack).
Ms. Greene advised that the two quotes
received provided somewhat different
services and there may have been a
misunderstanding on the part of either party
that now merits clarification. In order not to
slow activity on the project, the Commission
could authorize staff to contact the two
bidders, request clarification of their bids
and, subject to resubmission, approve the
lowest proposal.
Upon a motion by Ms. Roemer, seconded by
Mr. Faccenda and unanimously carried, the
Commission authorized the staff to clarify
the proposals and act on the lowest priced
bid for professional services in the Sample -
Ewing Development Area. (Engineering
services, Oliver Plow Works)
(5) Commission approval requested for
submission of application to the Indiana
Department of Environmental
Management's Voluntary Remediation
Program. (Studebaker Area A)
Mr. Rock noted that Studebaker Area A
includes the South Bend Stamping Plant.
The application to the Voluntary
Remediation Program will begin the process
with the state that will eventually lead to a
Covenant not to Sue relating to
environmental conditions on the properties.
The covenant would eliminate future
environmental liability from existing
conditions from being passed on to future
property owners. Since the land in Area A is
slated to be sold and developed by private
companies after it has been cleared by the
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COMMISSION AUTHORIZED THE STAFF TO
CLARIFY THE PROPOSALS AND ACT ON THE
LOWEST PRICED BID FOR PROFESSIONAL
SERVICES IN THE SAMPLE -EWING DEVELOPMENT
AREA. (ENGINEERING SERVICES, OLIVER PLOW
WORKS)
South Bend Redevelopment Commission
Regular Meeting —July 19, 2002
Commission, this program fits well with the
existing goals for the site. Following
acceptance of the VRP application for
Area A, the Indiana Department of
Environmental Management will forward a
Voluntary Remediation Agreement to the
Commission for execution.
Upon a motion by Ms. Jones, seconded by
Mr. Faccenda and unanimously carried, the
Commission authorized the submission of
an application to the Indiana Department of
Environmental Management's Voluntary
Remediation Program. (Studebaker Area A)
(6) Commission approval requested for
Resolution No. 1900 approving the
execution of a quit claim deed and other
related documents relating to the TJX
Redevelopment Project.
Ms. Greene advised that staff wished to
move towards closing as quickly as possible
on the TJX Project. Because of the
Commission schedule of meeting only on
the first and third Fridays of each month, the
potential exists that closing could occur
before the next Commission meeting. There
are several documents that are in the process
of being finalized that will be necessary at
closing. Resolution No. 1900 approves the
documents subject to final review by the
City Legal Department. Once the Legal
Department has deemed the documents
suitable for closing, the necessary signatures
will be obtained without a Special Meeting
being scheduled. The documents include the
Quit Claim Deed to TJX, Grant of Easement
for Environmental Remediation, Demolition
and Construction Easement Agreement, and
a Memorandum of Contract for Sale of Land
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COMMISSION AUTHORIZED THE SUBMISSION OF AN
APPLICATION TO THE INDIANA DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT'S VOLUNTARY
REMEDIATION PROGRAM. (STUDEBMER
AREA A)
r
A
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South Bend Redevelopment Commission
Regular Meeting —July 19, 2002
for Private Development which, referencing
the size difference, will be recorded in lieu
of the actual contract.
Upon a motion by Mr. Faccenda, seconded
by Ms. Jones and unanimously carried, the
Commission approved Resolution No. 1900
approving the execution of a quit claim deed
and other related documents relating to the
TJX Redevelopment Project.
(7) Commission approval requested to permit
TJX to begin construction activities in
anticipation of closing on the real estate.
Ms. Greene explained that TJX anticipates
opening their facility by July 2003 and has
requested access to the property for
construction start-up. The work that was
contracted by the City through its agreement
with TJX is complete. There are some
minor issues that need to be finalized;
however, the City is moving expeditiously
toward closing. Ms. Greene recommended
that the Commission obtain from TJX an
indemnification agreement and an
affirmative statement of intent to close,
should they allow TJX to begin construction
on the site before closing.
COMMISSION APPROVED RESOLUTION NO. 1900
APPROVING THE EXECUTION OF A QUIT CLAIM
DEED AND OTHER RELATED DOCUMENTS
RELATING TO THE TJX REDEVELOPMENT
PROJECT.
Upon a motion by Ms. Roemer, seconded by COMMISSION AUTHORIZED TJX TO BEGIN
Mr. Faccenda and unanimously carried, the CONSTRUCTION ACTIVITIES SUBJECT TO
Commission authorized TJX to begin SUBMISSION OF AN INDEMNIFICATION
construction activities subject to submission AGREEMENT.
of an indemnification agreement.
E. Airport Economic Development Area
(1) Commission approval requested for
proposal for professional services in the
Airport Economic Development Area.
14
South Bend Redevelopment Commission
Regular Meeting —July 19, 2002
(Demolition work, 52720 Olive Rd.)
Mr. Williams reported that three quotes were
received for the demolition of 52720 Olive
Rd. The three proposals are as follows:
Bradberry Bros Excavating $12,070
Ritschard Bros, Inc. $12,533
Warner & Sons $ 8,670
Staff recommends accepting the proposal
from Warner & Sons. Mr. Williams noted
that Warner & Sons fully complied with the
bid specifications, including insurance
requirements.
Upon a motion by Ms. Roemer, seconded by
Mr. Faccenda and unanimously carried, the
Commission approved the proposal from
Warner & Sons in the Airport Economic
Development Area. (Demolition work,
52720 Olive Rd.)
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. Other
There was no Other business.
7. PROGRESS REPORTS
Mr. Rock advised that Captain O'Haver, South
Bend Fire Department, wished to thank the
IL Commission for the use of the house on Olive Road
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COMMISSION APPROVED THE PROPOSAL FROM
WARNER & SONS IN THE AIRPORT ECONOMIC
DEVELOPMENT AREA. (DEMOLITION WORK,
52720 OLIVE RD.)
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 OTHER BUSINESS.
South Bend Redevelopment Commission
Regular Meeting —July 19, 2002
as a training facility. It significantly increased their
training efforts and the Fire Department is very
grateful.
8. NEXT COMMISSION MEETING
The next Regular Meeting of the Redevelopment
Commission is scheduled for August 2, 2002 at
10:00 a.m.
9. ADJOURNMENT
There being no further business to come before the
Redevelopment Commission, Ms. Jones made a
motion that the meeting be adjourned. Ms. Roemer
seconded the motion and the meeting was adjourned
at 10:32 a.m.
Robert W. Hunt, President
3
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NEXT COMMISSION MEETING
ADJOURNMENT
Do ald E. Inks, Director