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HomeMy WebLinkAbout2 MinutesSOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING August 9, 2011 4:00 p.m. 227 West Jefferson Boulevard Presiding: Marcia I. Jones, President South Bend, Indiana 1. ROLL CALL Members Present: Members Absent: Legal Counsel: Ms. Marcia Jones, President Dr. David Varner, Vice President Mr. Greg Downes Mr. Donald Alford Ms. Nancy King, Secretary Ms. Stephanie Spivey Mr. Charles S. Leone, Esq. Mr. Lawrence Meteiver, Esq. Redevelopment Staff: Mr. Don Inks, Director Mrs. Cheryl Phipps, Recording Secretary Mr. Bill Schalliol, Economic Development Specialist Mr. David Relos, Economic Development Specialist Mr. Matthew Sikora, Economic Development Specialist Mr. Jitin Kain, Economic Development Specialist Ms. Debrah Jennings, Property Manager Others Present: Mayor Stephen Luecke Mr. Tom Price, Mayor's Office Mr. Jeffrey Gibney, Executive Director Mr. Michael Divita, Community Development Specialist Ms. Beth Leonard -Inks, Community & Economic Dev. Mr. Gary Gilot, Public Works Ms. Catherine Toppel, Code Enforcement Mr. Gary Libby, Code Enforcement Ms. Patti Lesniewicz, Community & Economic Dev. Ms. Linda Wolfson, Community Forum for Econ. Dev. Ms. Geri Hathaway, Hathaway2, Inc. Mr. Richard Nussbaum Mr. Kevin Allen, South Bend Tribune Ms. Rita Kopala Ms. Mo Miller, Prism Science Ms. Valerie Schey, Mr. Mark Seaman, Prism Science Mr. Dan Jones, Business Development Corp. Mr. Jon Paul, WSBT South Bend Redevelopment Commission Regular Meeting — August 9, 2011 1. ROLL CALL (CONT.) Ms. Rebecca Kaiser Mr. David Divine Mr. Kevin Allen Ms. Marlena Ballard Ms. Pam Wesolowski 2. APPROVAL OF MINUTES A. Approval of Minutes of the Regular Meeting of Tuesday, July 26, 2011. Upon a motion by Mr. Downes, seconded by Mr. Alford and unanimously carried, the Commission approved the Minutes of the Regular Meeting of Tuesday, July 26, 2011. 3. APPROVAL OF CLAIMS COMMISSION APPROVED THE MINUTES OF THE REGULAR MEETING OF TUESDAY, JULY 26, 2011. Redevelopment Commission Claims submitted August 9, 2011 for approval. 305 FUND SBCDA BOND Gibson - Lewis, LLC ADG ADG 324 AIRPORT AEDA David Waszak appraisals, Inc Jerome E Michaels Jerome E Michaels Ignition Park Blue Waters Group WITT Appraisal Services, Inc Michaels Appraisal Services Meridian Title Corporation Meridian Title Corporation DLZ DHA ADG Kenny Outdoor Solutions Wightman Petrie DLZ DHA 2 $ 40,000.00 4,000.00 7,000.00 2,900.00 2,775.00 2,750.00 551.33 46,985.70 450.00 475.00 325,130.61 200.00 3,732.00 1,400.00 1,507.00 53,598.50 3,680.00 4,625.00 6,375.00 Wayne Street Garage Fagade Pedestrian Bridge Island Park Pavilion 701 W Indiana 701 W Indiana 803 W Washington Ignition Park Ignition Park Marketing 1517 Kendall St 1517 S Kendall 1007 N Bendix closing Search & Exam Fee Olive Rd Extension Design Historical /Informational sign Panels Clubhouse Relocation Blackthorn Golf Course 912 S Lafayette (Airgas Property) Olive Corridor Extension Design Engineering Plan & Services South Bend Redevelopment Commission Regular Meeting — August 9, 2011 3. APPROVAL OF CLAIMS (CONT.) Ken Herceg & Associates Inc. Abonmarche 420 FUND TIF DISTRICT -SBCDA GENERAL Brown & Brown General Contract Indiana Michigan Power Indiana Michigan Power Indiana Michigan Power NIPSCO John O'Brien 422 FUND WEST WASHINGTON DISTRICT Michaels Appraisal Service 11,385.00 Sheridan Ave & Lincoln Way West Design 13,898.75 Mayflower Rd Construction Inspection 45,452.00 Morris PAC Renovations 7.49 325 S Lafayette Blvd 108.27 329 Lafayette 186.02 237 N Michigan St. 15.00 329 Lafayette WNDU for Equip Lost/Damaged light Pole 4,458.00 Coveleski Stadium 1,800.00 109 -111 N Taylor St. 426 FUND SOUTH BEND CENTRAL MEDICAL DISTRICT Ancon Construction, Inc 145,808.04 Carl Walker 521.70 The Troyer Group 8,947.58 DLZ 1,291.25 $ 742,014.24 Upon a motion by Mr. Downes, seconded by Mr. Alford and unanimously carried, the Commission approved the Claims submitted August 9, 2011, and ordered checks to be released. 4. COMMUNICATIONS There were no Communications. 5. OLD BUSINESS A. Airport Economic Development Area (1) Request from Code Enforcement for additional funds for construction of Animal Shelter at 521 Eclipse Place. Mr. Inks noted the request from Code Enforcement for additional funds for 3 Memorial Hospital Streetscapes Memorial Hospital Streetscapes Fagade Studies for East Side of Main St. Engineering Workk COMMISSION APPROVED THE CLAIMS SUBMITTED AUGUST 9, 2011, AND ORDERED THE CHECKS TO BE RELEASED THERE WERE NO COMMUNICATIONS South Bend Redevelopment Commission Regular Meeting — August 9, 2011 5. OLD BUSINESS (CONT.) A. Airport Economic Development Area (1) continued... construction of an Animal Shelter at 521 Eclipse Place. The Commission previously authorized $1.5M for the project, but the construction bids have twice come in at more than that. Catherine Toppel, Director of Code Enforcement, has requested $400,000 in additional funding to be able to move forward with the project Mr. Inks introduced Mayor Stephen Luecke to speak in support of the project. Mayor Luecke thanked the Commission for its commitment of $1.5M and its willingness to consider an additional commitment of TIF to build this city facility. As Mayor, he believes maintaining the South Bend Animal Care and Control operations is positive for the community, and the opportunity to build this new facility will be good not only for the city, residents, and animals, but also for the staff as they offer more adoption opportunities and, hopefully, euthanize fewer animals. The Common Council has now adopted a resolution in support of the continuation of animal care and control services as well as the Commission's appropriating additional TIF dollars for construction of a new animal care and control facility. Ms. Toppel noted that she has been advocating internally for a new animal care and control facility since 2006. Following internal approval, she began researching other facilities and estimating costs. In 2010 4 South Bend Redevelopment Commission Regular Meeting — August 9, 2011 she received a commitment from the Redevelopment Commission in the amount of $1.5M. But when she went out to bid for construction, the bids were well over that amount. The plans have been revised and there is a workable bid now along with all the soft costs totaling $1.9M. Mr. Downes asked Ms. Toppel what the $1,350,000 amount was that was referenced in her letter. She responded that it was necessary to pay for $150,000 in soft costs (redesign, etc.) out of the original $1.5M. Mr. Downes asked if the $1,900,000 then really means that the total remaining costs will be $1,750,000. Ms. Toppel said that was correct. Mr. Downes then asked for the $1,750,000 to be broken down for him. Does it include everything, such as furniture. Ms. Toppel replied yes. Mr. Downes asked what the timeline was. Ms. Toppel responded that they are hoping to break ground the end of August 2011, and complete construction by May 2012, according to the contract. Mr. Downes recollected the urgency back in February 2010, when the $1,500,000 was approved. Why the sense of urgency now, eighteen months later? Ms. Toppel responded that the current facility is in need of major repairs upwards in the amount of $500,000. All of the repairs were put on hold in anticipation of the new building. In the meantime, the shelter is euthanizing 2,500 animals per year. The urgency was and still is that we don't want to euthanize so many animals, but make them available longer for 5 South Bend Redevelopment Commission Regular Meeting — August 9, 2011 adoption. Mr. Gilot added that the other urgency is that the contractor would like to get started so that they can get the building enclosed to be able to work through the winter on interior space. Ms. Jones asked how long the bid was good. Mr. Gilot answered that bids were taken the June 27. There is a 60 -day hold on bids that are being awarded without bond financing. That hold will run out the end of August. Mr. Downes asked if the option of contracting with the Humane Society is now a dead issue, Will it come up again? The Mayor explained that it is the city's intention to work with all sorts of partners in the community, including the Humane Society in a variety of ways. But we will not be contracting as the Humane Society proposed where they would house all the animals while the city would continue to control services. The administration position is that we think the community is best served by the city continuing to provide animal care and control services and have its own facility to house and provide adoption services, spay and neutering, and a place for residents to drop off pets they are no longer able to care for. From the administration's perspective, the issue will not come up again. * * *I'd like to listen to this * * *Mr. Varner expressed his wish that the city would take a look at the necessities. While the city was doing its thing, the Humane Society put up a very nice, adequate facility. And as a representative of the Council he intends to vote in favor of it. He does not anticipate that this issue will come up again. Mr. Downes wanted to know if it's the best G South Bend Redevelopment Commission Regular Meeting — August 9, 2011 judgment of the Mayor, and the majority of City Council, that the City of South Bend needs this facility in order to properly do its job with regard to animal control. Mayor Luecke responded yes. Upon a motion by Mr. Downes, seconded by Mr. Alford and unanimously carried, the Commission approved the request from Code Enforcement for additional funds for construction of Animal Shelter in the amount of $400,000. 6. NEW BUSINESS A. Housing (1) Loan and Grant in connection with the South Bend Home Improvement Program for property located at 1002 Evergreen Lane (Patricia Heminger). Mr. Inks noted that the loan is $3,800; the grant is $3,613.50. Upon a motion by Mr. Downes, seconded by Mr. Alford and unanimously carried, the Commission approved the loan and grant in connection with the South Bend Home Improvement Program for property located at 1002 Evergreen Lane. (2) Loan and Grant in connection with the South Bend Home Improvement Program for property located at 710 S. 30th Street (Patricia K. Metz). Mr. Inks noted that the loan $3,300; the grant is $3,132. Upon a motion by Mr. Downes, seconded by Mr. Varner and unanimously carried, the 7 COMMISSION APPROVEDTHE REQUEST FROM CODE ENFORCEMENT FOR ADDITIONAL FUNDS FOR CONSTRUCTION OF ANIMAL SHELTER IN THE AMOUNT OF $400,000 COMMISSION APPROVED THE LOAN AND GRANT IN CONNECTION WITH THE SOUTH BEND HOME IMPROVEMENT PROGRAM FOR PROPERTY LOCATED AT 1002 EVERGREEN LANE. COMMISSION APPROVED THE LOAN AND GRANT IN CONNECTION WITH THE SOUTH BEND HOME IMPROVEMENT PROGRAM FOR PROPERTY South Bend Redevelopment Commission Regular Meeting — August 9, 2011 Commission approved the loan and grant in LOCATED AT 710 S. 30T" STREET. connection with the South Bend Home Improvement Program for property located at 710S.3 01h Street. B. South Bend Central Development Area (1) First Amendment to Construction, Easement, Restriction and Operating Agreement. Mr. Richard Nussbaum noted that on August 4, 2011, there was a formal closing whereby the Host Resort transferred the Marriott hotel to the Jenna Investment Group which will now be opening a Doubletree Hotel. In conjunction with that there are two small post- closing items. We did estoppel agreements for these particular agreements pre - closing, but the parties have amended both of those agreements. The first amendment relates to the walkway easement. The fourth amendment relates to the atrium and some areas outside the facility for upkeep. The name has been changed from Host to Jenna. Some ground rules were established so that if ownership changes with regard to the hotel or the office building, the estoppel agreements would institutionalize and come back before the various parties at that time. It does not mean that anyone is contemplating selling anything at this point.; nor does it change the responsibilities of the city with regard to any of these agreements; nor does it change the commitment of 1st Source Bank which has no relationship to these agreements. 1 S` Source Bank has signed a lease for its space and will be in the building for the next ten years. Mr. Nussbaum advised the Commission that the changes are very routine, very non- 8 South Bend Redevelopment Commission Regular Meeting — August 9, 2011 substantive changes to these agreements. The Board of Public Works has already signed them. The Century Center Board of Managers will sign them on August 10. He asked that the Redevelopment Commission sign as well. Upon a motion by Mr. Downes, seconded by COMMISSION APPROVED THE FIRST Mr. Alford and unanimously carried, the AMENDMENT TO CONSTRUCTION, EASEMENT, Commission approved the First Amendment RESTRICTION AND OPERATING AGREEMENT. to Construction, Easement, Restriction and Operating Agreement. (2) Fourth Amendment to Operation, Maintenance and Easement Agreement. Upon a motion by Mr. Downes, seconded by Mr. Alford and unanimously carried, the Commission approved the Fourth Amendment to Operation, Maintenance and Easement Agreement. (3) Proposal for commercial study in the South Bend Central Development Area. Mr. Schalliol noted that in June of 2010 the Redevelopment Commission entered into a contract with the Buxton Corporation to perform a three - component retail study. The first component updated the 2006 Community ID study and specifically restudied the downtown study node (Michigan- Jefferson) and a new node at LaSalle Square. The downtown node was studied at various drive time distances (2, 10, 15, 20 minute distances) and the LaSalle Square area was studied at the standard 10 minute drive time distance. The results of those studies were then applied to the Buxton Retail Match List program and compatible retailers were determined based on the 9 COMMISSION APPROVED THE FOURTH AMENDMENT TO OPERATION, MAINTENANCE AND EASEMENT AGREEMENT. South Bend Redevelopment Commission Regular Meeting — August 9, 2011 profile information. At the completion of the study, all of the information was plugged into the Buxton Scout program for use and application. The second component was to complete a grocery saturation study to identify all grocery locations within the community and then create a thematic map that showed where there was over saturation and under saturation of grocery stores: then, what sites might be warrant consideration for a grocery store. Currently, a downtown study for grocery stores is being completed, as is a study in the northwest part of the county around the Huttsfield Square development site. The third component of the project was the integration of all past and current data into the Buxton Scout program. The program is a web -based data warehouse with a mapping feature that allows the user to gather site distance information, create location maps and warehouse retailer information that would be relevant to the site matches of the study nodes. As staff has continued to use the Scout tool, we have determined that we are in need of the Scout power user upgrade to get more "bang for the buck" from the program. The Scout power use upgrade allows the user to complete a variety of new tasks that the City presently has to have Buxton perform, such as a new specific site study and retailer profiling against a proposed user. This new tool allows broader access to all of the Buxton retail clients, versus just those that are on the match list and provided to the City within Scout. The program will also create consumer propensity reports and retail 10 South Bend Redevelopment Commission Regular Meeting — August 9, 2011 leakage reports. These added features will allow staff to be more responsive in other parts of the city with a vast amount of retail information and will also allow for very site specific studies, like at Coveleski Park or the Hall of Fame. When the city entered into its existing contract with Buxton, the city received a subscription to the Scout program at no cost as part of the Community ID refresh, and then entered into a 1 year contract at $1,000 /month for the service which will end at the end of calendar year 2011. The attached proposal from Buxton would allows the city to upgrade to the Scout power user program now and start the subscription price of $1,250 /month beginning January 1, 2012. Staff also recommends adding the Retail Matching Model for an additional $500 /month to give additional flexibility in matching and profiling potential retail clients for various sites across the city. The total contract amount with Buxton for the upgraded services would be $21,000. Because the primary use for this program would be for the downtown area, the funding for this request would come from the SBCDA TIF budget. Staff requests approval of this proposal. Mr. Downes questioned if the contract takes the city through 2012. Mr. Schalliol responded yes, December 31, 2012. Mr. Downes questioned the usefulness of the program. Mr. Schalliol responded that it has been very useful. When the LaSalle Square report was received, it modeled a number of retailers and reported back to us. What it gives us the ability to do is when someone comes in and wants to do something outside of that profile, for example a pharmacy, we 11 South Bend Redevelopment Commission Regular Meeting — August 9, 2011 can pull the general pharmacy model and model against the area and see if it would work. Some training is involved. It gives us flexibility about what types of retail will fit into the market. Mr. Downes asked if DTSB uses this to target prospects downtown. Mr. Schalliol replied yes. Mr. Downes asked whether the data is static? Mr. Schalliol answered that our original report data is static but they are continually populating on the backside information (profile information or retail information). Upon a motion by Mr. Downes, seconded by Mr. Varner and unanimously carried, the Commission approved the Proposal for commercial study in the South Bend Central Development Area by Buxton in the amount of $21,000 for the year 2012 in the South Bend Central Development Area. (4) Resolution No. 2923 approving an Addendum to the Master Agency Agreement (Century Center Island Pavilion & Wall Repair). Mr. Relos noted that the Addendum covers the installation of the new, permanent pavilion at Island Park. It will be installed after Century Center's last scheduled event occurs in October. In addition, because of drainage problem on the island's eastern wall, a combination surface and sub -grade storm water collection and drainage system needs to be installed. This drainage system will alleviate the drainage of storm water that currently leaks through the wall and is causing the settlement of pavement above. It 12 COMMISSION APPROVED THE PROPOSAL FOR COMMERCIAL STUDY IN THE SOUTH BEND CENTRAL DEVELOPMENT AREA BY BUXTON IN THE AMOUNT OF $21,000 FOR THE YEAR 2012 IN THE SOUTH BEND CENTRAL DEVELOPMENT AREA. South Bend Redevelopment Commission Regular Meeting — August 9, 2011 is estimated that the total cost of this project will be $592,250, which includes professional services to design and oversee the work. Staff requests approval of Resolution No. 2923 and a not -to- exceed amount of $600,000 for the project. Mr. Varner asked to identify the funding source. Mr. Relos replied the SBCDA. Upon a motion by Mr. Varner, seconded by Mr. Downes and unanimously carried, the Commission approved Resolution No. 2923 approving an Addendum to the Master Agency Agreement for the Century Center Island Pavilion and Wall Repair in the not -to- exceed amount of $600,000. (5) Proposal for planning services for minor subdivision, special exception and variance petitions (HDC properties in Monroe Park). Mr. Sikora noted that staff solicited a proposal from Danch, Hamer & Associates to provide planning services to bring seven city -owned properties (currently managed through the Housing Development Corporation) and one vacant lot into compliance with code and zoning ordinances. When the city's lease with HDC draws to a close, the HDC plans to sell the properties. The compliance is necessary if they are to be sold. Part I of the proposal will prepare 12 Special Use and multiple Variance Petitions for the reconfigured home sites, including preliminary site plans, application forms, notice of public hearings, notice to adjacent owners, and representation at Board of Zoning Appeals public hearings and 13 COMMISSION APPROVED RESOLUTION NO. 2923 APPROVING AN ADDENDUM TO THE MASTER AGENCY AGREEMENT FOR THE CENTURY CENTER ISLAND PAVILION AND WALL REPAIR IN THE NOT -TO- EXCEED AMOUNT OF $600,000 South Bend Redevelopment Commission Regular Meeting — August 9, 2011 Common Council hearing. Cost for this portion is $3,850 plus filing fees of $550- $4,600. Part II of the proposal will prepare a 10 -11 Lot Minor Subdivision for the properties, including the preparation of a primary plat, support data sheet, application forms and a list of adjacent property owners within 300 feet of the subdivision boundary. The plat would allow access to the interior parking lot through an ingress- egress easement and pedestrian easement. Cost for this portion is $4,850 with filing fees of $325. Staff requests approval of this Professional Services Agreement for an amount not -to- exceed $13,625 (which includes the potential maximum of $4,600 in Building Department fees). Upon a motion by Mr. Downes, seconded by Mr. Alford and unanimously carried, the Commission approved Proposal for planning services for minor subdivision, special exception and variance petitions (HDC properties in Monroe Park) in the not -to- exceed amount of $13,625. (6) Resolution No. 2917 approving an Addendum to the Master Agency Agreement (Coveleski Stadium Improvement, Phase 2 — Supplement #1). Mr. Schalliol noted that the purpose of this supplement is twofold: (1) to provide funding to cover final design oversight and project administration of the stadium improvement project by Wightman Petrie and (2) to provide a final budget amount for all change orders related to the close -out of the project. 14 COMMISSION APPROVED PROPOSAL FOR PLANNING SERVICES FOR MINOR SUBDIVISION, SPECIAL EXCEPTION AND VARIANCE PETITIONS (HDC PROPERTIES IN MONROE PARK) IN THE NOT -TO- EXCEED AMOUNT OF $13,625. South Bend Redevelopment Commission Regular Meeting — August 9, 2011 The first item related to this amendment is a professional services proposal from Wightman Petrie to cover construction oversight and project close -out, as well as to complete some additional project design items. Wightman Petrie was hired by the Commission and Board of Works to design the stadium improvements and to assist in project oversight. At a point in the project, Wightman Petrie assumed the majority of the oversight responsibilities from the city because of their technical abilities, and it was determined that the design budget would be used to cover the time spent on the additional oversight responsibilities. Because of the quality control and project management Wightman Petrie has provided, the stadium project has been generally completed on time and on budget. The supplement contract is for a not -to- exceed amount of $83,965; it is not expected that the full contract amount will be paid out. The second item related to this amendment is an appropriation from the SBCDA TIF to close out the Coveleski project. The Commission previously granted $1 million for specific stadium improvements. The remainder of those funds is being spent to cover change orders, but due to the tight budget for the project and some unforeseen conditions that developed over the course of construction, staff requests an additional appropriation of funds that can be used to close out the project. Mr. Varner asked if there was anyone interested in the Schillings building. Mr. Schalliol responded yes, there are a couple of groups that are interested. Upon a motion by Mr. Downes, seconded by 15 COMMISSION APPROVED RESOLUTION NO. 2917 APPROVING AN ADDENDUM TO THE MASTER South Bend Redevelopment Commission Regular Meeting — August 9, 2011 Mr. Varner and unanimously carried, the Commission approved Resolution No. 2917 approving an Addendum to the Master Agency Agreement (Coveleski Stadium Improvement, Phase 2 — Supplement # 1) in the not -to- exceed amount of $83,965. C. Airport Economic Development Area (1) Resolution No. 2927 approving an Amendment to the Addendum to the Master Agency Agreement (LaSalle Square Phase One — Supplement #1). Mr. Sikora noted that on June 28, 2011, the Redevelopment Commission approved Resolution No. 2912 to allow for the design, and development of bid documents for, the construction of Bonds Avenue and a new city street adjacent to the St. Joseph County Public Library at LaSalle Square. The improvements are intended to support a proposed senior housing development, Heritage Place at LaSalle Square. Additional work included a utility survey, environmental assessment of the former Fernando's restaurant (prior to demolition) and engineering design to relocate a sanitary sewer and water main currently running through the development site. Resolution No. 2927 approves an Addendum to the Master Agency Agreement to include an engineer's estimate, construction of the road and sidewalk improvements to both Bonds Avenue and the library drive, utility realignment and demolition of the former Fernando's restaurant. Total cost estimated for this work is $398,555. Staff requests approval of a Resolution No. 2927 and a not - to- exceed amount of $400,000. 16 AGENCY AGREEMENT (COVELESKI STADIUM IMPROVEMENT, PHASE 2 - SUPPLEMENT # 1) IN THE NOT -TO- EXCEED AMOUNT OF $83,965 South Bend Redevelopment Commission Regular Meeting — August 9, 2011 Upon a motion by Mr. Downes, seconded by Mr. Varner and unanimously carried, the Commission approved Resolution No. 2927 approving an Amendment to the Addendum to the Master Agency Agreement (LaSalle Square Phase One — Supplement #1) in a not- to- exceed amount of $400,000. (2) Resolution No. 2916 approving an Addendum to the Master Agency Agreement (Fire Station #5 — Predevelopment). Mr. Schalliol noted that Fire Station #5, located on a triangle shaped parcel at Ewing and Prairie east of Olive Street is planned for replacement. The Department of Community and Economic Development is working with the Board of Works staff and the Fire Department to complete a predevelopment study for the existing site relative to the construction of a new fire station on the site. As part of the project, property acquisition might be necessary to ensure the proper size station fits on the site. The predevelopment study is necessary to develop the project budget. The predevelopment proposal from MPA Architects is in the amount of $2,500. Site survey work will be performed by Danch Hamer at an additional cost of $5,500. Staff asks for approval of Resolution No. 2916, the Addendum to the Master Agency Agreement and additional funding for title work and environmental work, if necessary, for a total project budget amount not to exceed $15,000. COMMISSION APPROVED RESOLUTION NO. 2927 APPROVING AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (LASALLE SQUARE PHASE ONE - SUPPLEMENT #I) IN A NOT -TO- EXCEED AMOUNT OF $400,000. Upon a motion by Mr. Varner, seconded by COMMISSION APPROVED RESOLUTION No. 2916 Mr. Downes and unanimously carried, the APPROVING AN ADDENDUM TO THE MASTER Commission approved Resolution No. 2916 1�P AGENCY AGREEMENT (FIRE STATION #5 - PREDEVELOPMENT) TOTALING PROJECT BUDGET 17 South Bend Redevelopment Commission Regular Meeting — August 9, 2011 approving an Addendum to the Master Agency Agreement (Fire Station #5 — Predevelopment) totaling project budget amount not to exceed $15,000. (3) Resolution No. 2924 related to acquisition of property in the Airport Economic Development Area (1520 —1526 S. Chapin Street). Mr. Relos noted that 1520 - 1526 S. Chapin St. was added to the Airport Economic Development Area Acquisition List by Resolution No. 2668 on May 21, 2010. The property contains a cement block machine shop on two parcels of land. The shop is approximately 1,700 square feet, has 200 amp electrical service, and contains a bathroom with shower. The majority of this building, approximately 1,300 square feet, was added on in 1988. Resolution No. 2924 sets the acquisition value of the property at $18,950, the average of two independent appraisals. Staff requests approval of Resolution No. 2924. Upon a motion by Mr. Varner, seconded by Mr. Downes and unanimously carried, the Commission approved Resolution No. 2924 related to acquisition of property in the Airport Economic Development Area (1520 — 1526 S. Chapin Street). (4) Administrative Settlement for 1520 —1526 S. Chapin Street. Mr. Relos noted that the property owners of 1520 -1526 Chapin Street have expressed interest in selling this property. The property was built as a tool and die shop, but is currently not being used. The owners have made a counter offer of $50,000, including 18 AMOUNT NOT TO EXCEED $15,000. COMMISSION APPROVED RESOLUTION NO. 2924 RELATED TO ACQUISITION OF PROPERTY IN THE AIRPORT ECONOMIC DEVELOPMENT AREA (1520 -1526 S. CHAPIN STREET). South Bend Redevelopment Commission Regular Meeting — August 9, 2011 acquisition and relocation. Staff searched currently listed properties for a similar sized building, to determine what relocation costs could have been. Prices began at $69,900. Staff feels this lump sum administrative settlement of $50,000 is reasonable for this property and requests your approval of the administrative settlement. Upon a motion by Mr. Alford, seconded by Mr. Downes and unanimously carried, the Commission approved Administrative Settlement for 1520 — 1526 S. Chapin Street. (5) Resolution No. 2925 related to acquisition of property in the Airport Economic Development Area (1521 — 1527 S. Kendall Street). Mr. Relos noted that 1521 - 1527 S Kendall St. was added to the Airport Economic Development Area Acquisition List by Resolution No. 2668 on May 21, 2010. It is a one story, wood post, metal sided auto garage on two parcels of land. The building is 1,664 square feet, has 200 amp electrical service, private office, and contains one bathroom. This building was built by the owner in 1990. Resolution No. 2925 sets the acquisition value of the property at $25,000, the average of two independent appraisals. Staff requests approval of Resolution No. 2925. Upon a motion by Mr. Varner, seconded by Mr. Downes and unanimously carried, the Commission approved Resolution No. 2925 related to acquisition of property in the Airport Economic Development Area (1521 —1527 S. Kendall Street). 19 COMMISSION APPROVED ADMINISTRATIVE SETTLEMENT FOR 1520 - 1526 S. CHAPIN STREET. COMMISSION APPROVED RESOLUTION NO. 2925 RELATED TO ACQUISITION OF PROPERTY IN THE AIRPORT ECONOMIC DEVELOPMENT AREA (1521 - 1527 S. KENDALL STREET). South Bend Redevelopment Commission Regular Meeting — August 9, 2011 (6) Administrative Settlement for 1521 -1527 S. Kendall Street. Mr. Relos noted that the owners of 1521- 1527 S. Kendall Street have made a counter offer to the Commission's offer of $25,000. They wish to receive a lump sum payment of $50,000 that includes the purchase price and relocation costs. This property was built as an automotive garage, and is currently being used for auto storage. Since the property is similar to 1520 — 1526 S Chapin St. on today's agenda, staff assumes the relocation costs would also amount to at least $69,900. Staff, therefore, feels this lump sum administrative settlement of $50,000 is reasonable for this property and its two parcels of land, and requests your approval of the administrative settlement. Upon a motion by Mr. Alford, seconded by Mr. Downes and unanimously carried, the Commission approved Administrative Settlement for 1521 — 1527 S. Kendall Street. (7) Resolution No. 2926 related to acquisition of property in the Airport Economic Development Area (622 E. Sample Street). Mr. Sikora noted that 622 E. Sample Street was added to the Airport Economic Development Area Acquisition List by Resolution No. 1839 on July 20, 2001. It was added as part of an effort to create a site for a proposed expansion of South East Neighborhood Park. This particular property is a two- story, 1,806 square foot, three - bedroom single family residence. The property owner contacted Staff of their interest in selling this property. Resolution No. 2926 sets the acquisition value of the property at $27,000, the average value as 011 COMMISSION APPROVED ADMINISTRATIVE SETTLEMENT FOR 1521 - 1527 S. KENDALL STREET. South Bend Redevelopment Commission Regular Meeting — August 9, 2011 determined by two independent appraisals. Staff requests approval of Resolution No. 2926. Upon a motion by Mr. Alford, seconded by Mr. Downes and unanimously carried, the Commission approved Resolution No. 2926 related to acquisition of property in the Airport Economic Development Area (622 E. Sample Street). (8) Administrative Settlement for 622 E. Sample Street. Mr. Sikora noted that 622 E. Sample Street is a two - story, 1,806 square foot, three - bedroom single family residence dating back to 1900. It remains in excellent shape. The purchase offer of $27,000 reflects the depressed values of homes in neighborhood, a result due in part to previous acquisitions in the area. (The property's prior appraisal put its value at $68,000.) A search for decent, safe and sanitary homes similar in size and scope to this property resulted in an average value of $65,900. Under the Act, the owner is eligible for relocation benefits, estimated at $68,400. The owner has made a counter offer to the purchase price, requesting a lump sum payment of that amount. Staff feels the sum is reasonable for this property and requests your approval of the administrative settlement in the amount of $68,400. Upon a motion by Mr. Downes, seconded by Mr. Alford and unanimously carried, the Commission approved Administrative Settlement for 622 E. Sample Street in the amount of $68,400. (9) Proposal for professional services related to Data Realty site in Ignition Park 21 COMMISSION APPROVED RESOLUTION NO. 2926 RELATED TO ACQUISITION OF PROPERTY IN THE AIRPORT ECONOMIC DEVELOPMENT AREA (622 E. SAMPLE STREET). COMMISSION APPROVED ADMINISTRATIVE SETTLEMENT FOR 622 E. SAMPLE STREET IN THE AMOUNT OF $68,400. South Bend Redevelopment Commission Regular Meeting — August 9, 2011 (Environmental testing). Mr. Inks noted proposed Data Realty site in Ignition Park is an older industrial site with known environmental issues. The city has done a fair amount of clean up to it, particularly in the soil. However, there is still some ground water contamination on the site with potential for vapor to rise up through the soil, into the buildings creating unhealthful situations. This testing would identify whether there is vapor, the extent of it, the concentration of it, and whether there is anything necessary to mitigate that in the building design. A similar situation arose at the Oliver site and it may not be the last time the city runs into these issues. The cost of the proposal is $15,310. Staff recommends approval. Mr. Varner asked what the cost would be for the vapor. Mr. Inks replied that the vapor barrier could exceed $100,000. The testing will indicate whether the city needs to go that route. Mr. Downes questioned whether the vapor barrier affects the design to the park. Mr. Inks responded that the design would keep most of the water from perking through the site. Upon a motion by Mr. Downes, seconded by Mr. Varner and unanimously carried, the Commission approved the Proposal for professional services related to the Data Realty site in Ignition Park (Environmental testing) in the amount of $15,310. D. West Washington - Chapin Development Area There was no business in the West Washington- 22 COMMISSION APPROVED THE PROPOSAL FOR PROFESSIONAL SERVICES RELATED TO THE DATA REALTY SITE IN IGNITION PARK (ENVIRONMENTAL TESTING) IN THE AMOUNT OF $15,310. South Bend Redevelopment Commission Regular Meeting — August 9, 2011 Chapin Development Area. E. South Side Development Area There was no business in the South Side Development Area. F. Northeast Neighborhood Development Area There was no business in the Northeast Neighborhood Development Area. G. Douglas Road Economic Development Area There was no business in the Douglas Road Economic Development Area. H. Other (1) Addendum to Agreement for programs and services with the Urban Enterprise Association of South Bend, Inc. (Fagade Matching Grant Program for Western Avenue, Miami Street and Lincolnway West). Mr. Divita noted that on May 10, 2011, the Commission approved an extension of the Fagade Matching Grant Agreement and expanded its scope to include Lincolnway West corridor. This second step is to facilitate a potential expansion of Gene's Camera Store property along Lincolnway. This addendum would allow the Urban Enterprise Association to award grants up to $50,000, instead of the current maximum $20,000, and clarifies the eligible costs that may be counted toward the project match. It doesn't change the city's funding or the length of the agreement. Mr. Divita requested approval. 23 South Bend Redevelopment Commission Regular Meeting — August 9, 2011 Upon a motion by Mr. Downes, seconded by Mr. Alford and unanimously carried, the Commission approved the Addendum to Agreement for Programs and Services with the Urban Enterprise Association of South Bend, Inc. (Fagade Matching Grant Program for Western Avenue, Miami Street and Lincolnway West). I. Ratification of Services Contracts COMMISSION APPROVED THE ADDENDUM TO AGREEMENT FOR PROGRAMS AND SERVICES WITH THE URBAN ENTERPRISE ASSOCIATION OF SOUTH BEND, INC. (FAQADE MATCHING GRANT PROGRAM FOR WESTERN AVENUE, MIAMI STREET AND LINCOLNWAY WEST). Upon a motion by Mr. Downes, seconded by Mr. Alford unanimously carried, the Commission ratified the Temporary Use Agreements approved by staff since July 26, 2011. 7. PROGRESS REPORTS There was no report. 8. NEXT COMMISSION MEETING The next meeting of the Redevelopment Commission is scheduled for Tuesday, August 23, 2011 at 4:00 p.m. 9. ADJOURNMENT 24 COMMISSION RATIFIED THE TEMPORARY USE AGREEMENTS APPROVED BY STAFF SINCE JULY 26, 2011. PROGRESS REPORTS NEXT COMMISSION MEETING Commission Role in Service Contract Staff Transaction Contractor Provided Amount Member 1517 Kendall Acquisition Witt Appraisal Appraisal $450 Relos Services 1517 Kemble Acquisition Michaels Appraisal $475 Relos Appraisal Services 2762 U.S. 20 Acquisition R.E. Pitts & Appraisal $2,550 Sikora West Assoc. 2762 U.S. 20 Acquisition David Waszak Appraisal $2,900 Sikora West Appraisals. Upon a motion by Mr. Downes, seconded by Mr. Alford unanimously carried, the Commission ratified the Temporary Use Agreements approved by staff since July 26, 2011. 7. PROGRESS REPORTS There was no report. 8. NEXT COMMISSION MEETING The next meeting of the Redevelopment Commission is scheduled for Tuesday, August 23, 2011 at 4:00 p.m. 9. ADJOURNMENT 24 COMMISSION RATIFIED THE TEMPORARY USE AGREEMENTS APPROVED BY STAFF SINCE JULY 26, 2011. PROGRESS REPORTS NEXT COMMISSION MEETING South Bend Redevelopment Commission Regular Meeting — August 9, 2011 There being no further business to come before the ADJOURNMENT Redevelopment Commission, Ms. Downes made a motion that the meeting be adjourned. Mr. Alford seconded the motion and the meeting was adjourned at 4:55 p.m. Donald E. Inks, Director Marcia I. Jones, President 25