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Home My WebLink About3 Minutes (Regular Meeting)SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING January 24, 2012 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 Ms. Nancy King, Secretary Mr. Donald Alford Mr. Greg Downes Ms. Stephanie Spivey Mr. Lawrence Meteiver, Esq. Redevelopment Staff. Mr. Don Inks, Director Mrs. Cheryl Phipps, Recording Secretary Mr. David Relos, Economic Development Specialist Mr. Jitin Kain, Senior CED Specialist Ms. Debrah Jennings, Property Manager Others Present: Mr. Mark Neal, City Controller Ms. Beth Leonard Inks, Community Development Mr. Aaron Perri, Downtown South Bend, Inc. Ms. Rita Kopala Ms. Mo Miller Mr. John Quickstad, Blackthorn Golf Course Mr. Rich Love, Blackthorn Golf Course Mr. Bryan Baker Mr. Beene Veen Mr. Dan Jones Ms. Mary Jan Hedman, Metronet Mr. Kevin Allen, South Bend Tribune Mr. Dave Rafinski, Wightman Petrie 2. APPROVAL OF MINUTES There were no minutes for approval. THERE WERE No MINUTES South Bend Redevelopment Commission Regular Meeting — January 24, 2012 3. APPROVAL OF CLAIMS Redevelopment Commission Claims submitted January 24, 2012 for approval. 305 FUND SBCDA BOND Casteel Construction Corp 33,921.00 Century Center Island Pavilion ADG 1,500.00 West Entry Improvements ADG 4,000.00 Century Center Island Park Pavilion 324 AIRPORT AEDA Wightman Petrie 2,870.32 EMI Building DLZ 64,800.00 Ignition Park Survey Heppenheimer & Korpal 1,062.00 712 W Indiana and 152 S Catalpa Wightman Petrie 2,870.32 EMI Abonmarche 3,000.00 Added Right Turn Lane SR 23 and Douglas Abonmarche 8,607.04 Mayflower Rd Abonmarche 3,000.00 Nimtz Parkway Multi -use Path BSA LifeStructures 11,500.00 Ignition Park -Date Realty Fagade Improvements Meridian Title Corporation 71,928.65 1521 S. Kemble Shirley Rice 3,900.00 Relocation 1521 S Kemble Brown & Brown General Constrictors, Inc. 106,411.03 Morris PAC Renovations Hathaway 2, Inc. 25,567.70 Ignition Pk Consulting Dore & Associates Contracting, Inc 1,023,382.87 Demolition & Environmental Cleanup First Financial Bank, Escrow Agent 53,862.86 Retainage Pay Estimate #10 & #11 Abonmarche 1,500.00 LaSalle Square, Ph I Weaver Boos Consultants 5,754.20 Studebaker Area Demolition - Ph IV Jackson Trucking & Excavating, Inc. 23,000.00 Demo of 622 & 718 East Sample St. Ziolkowski Construction, Inc. 319,081.00 South Bend Animal Control DLZ 36,421.25 South Bend On Site - Bidpck -B DLZ 2,284.19 Olive Rd/Pine Rd DLZ 10,395.00 Oliver Corridor Plews Shadley Racher & Braun 1,394.16 Studebaker Cost Recovery Plews Shadley Racher & Braun 2,611.45 Oliver Plow Works Cost Recovery Plews Shadley Racher & Braun 385.30 Cost Recovery Owners' Assoc of Blackthorn Irrigation Repair at Nimtz Wissco Irrigation, Inc. 1,831.75 Parkway Sewer South Bend Tribune 48.27 Notice To Bidders Tri County News 51.45 Notice to Bidders /Ignition Pk Generator Tri County News 52.94 Notice To Bidders 717 E. LaSalle Grauvogel & Associates 3,260.00 Ignition Pk South BSA LifeStructures 54,550.00 Ignition Pk Ph IA Infrastructure Design Plews Shadley Racher & Braun 3,937.57 Van Winkle Baten Rimstidt Mediation Svrc Plews Shadley Racher & Braun 787.50 Troy Risk, Inc. Litigation Support Srvc Rendered Plews Shadley Racher & Braun 16,749.65 Bosch /Honeywell Crowe Horwath, LLP 6,325.82 Consulting for TIF Neutralization Calcs DHA 3,600.00 Oliver Plow Subdivision Hull & Associates, Inc 455.61 General Consulting 2 South Bend Redevelopment Commission Regular Meeting — January 24, 2012 3. APPROVAL OF CLAIMS (CONT.) 324 AIRPORT AEDA continued... C & E Excavating Inc 69,388.57 Mayflower Rd Sanitary Sewer Extension C & E Excavating Inc 222,038.78 Mayflower Rd Sopko, Nussbaum, Inabnit & Kaczmarek 112.50 Legal Services 420 FUND TIF DISTRICT -SBCDA GENERAL South bend Water Works 73.87 Ampco System Parking 1,799.46 Crowe Horwath, LLP 2,242.44 DTSB 18,125.00 Casteel Construction Corp 33,921.00 Wightman Petrie 4,608.75 Rose Post Control 99.00 Sopko, Nussbaum, Inabnit & Commercial St Joseph St Surface / 225 Main St Consulting for TIF Neutralization Calcs Downtown Beautification Century Center Island Coveleski Stadium LaSalle Hotel Pest Control Kaczmarek 10,563.75 Legal Services 422 TIF DISTRICT WEST WASHINGTON Crowe Horwath, LLP 265.56 Consulting for TIF Neutralization Calcs Sopko, Nussbaum, Inabnit & Kaczmarek 112.50 Legal Services 426 FUND SOUTH BEND CENTRAL MEDICAL DISTRICT Crowe Horwath, LLP 2,112.44 Consulting for TIF Neutralization Calcs Fagade Studies Skyway B Warner, Bank & MarMain - The Troyer Group 26,235.00 Ph II 429 TIF FUND NORTHEAST DISTRICT DLZ 7,500.00 Eddy St. Corridor Concept Study South Bend Tribune 50.81 Notice To Bidders 717 E. LaSalle Crowe Horwath, LLP 129.23 Consulting for TIF Neutralization Calcs 430 FUND SOUTH SIDE DEVELOPMENT TIF AREA #1 Lawson- Fisher Associates P.C. 149,940.62 So. Main St to Lafayette Blvd Connector Crowe Horwath, LLP 2,567.38 Consulting for TIF Neutralization Calcs Christopher B. Burke 36,570.25 Fellows St 435 FUND DOUGLAS ROAD Crowe Horwath, LLP 436 FUND NORTHWEST RESIDENTIAL Crowe Horwath, LLP 209.88 Consulting for TIF Neutralization Calcs 1,137.25 Consulting for TIF Neutralization Calcs $ 2,506,464.94 Upon a motion by Ms. King, seconded by Mr. Alford and COMMISSION APPROVED THE CLAIMS unanimously carried, the Commission approved the Claims SUBMITTED JANUARY 24, 2012, AND ORDERED submitted January 24, 2012, and ordered checks to be THE CHECKS TO BE RELEASED. released. South Bend Redevelopment Commission Regular Meeting — January 24, 2012 4. COMMUNICATIONS There were no communications. 5. OLD BUSINESS There was no old business. 6. NEW BUSINESS A. Public Hearings (1) Public Hearing on Tax Increment Financing Resolutions No. 2975 (AEDA), No. 2976, (SBCDA), No. 2977 (WWCDA), No. 2978 (Downtown Medical), No. 2979 (NNDA), No. 2980 (SSDA #1), No. 2981 (SSDA #2), No. 2982 (SSDA #3), No. 2983 (DREDA), and No. 2984 (NNDA #2). Mr. Inks asked that the record show the public hearing file is complete. It contains a copy of Resolution No. 2974 setting the public hearing; a copy of the notice of the hearing; a copy of each supplemental Resolution No. 2975, 2976, 2977, 2978, 2979, 2980, 2981, 2982, 2983 and 2984; and an affidavit from the South Bend Tribune and the Tri- County News that Notice of Hearing was published in those newspapers on January 13, 2012. Ms. Leonard Inks noted that Resolutions No. 2975, 2976, 2977, 2978, 2979, 2980, 2981, 2982, 2983 and 2984 appropriate money among various TIF accounts. She noted that South Side TIF Area No. 2 has been closed, but this is the tax collection 2011 payable 2012. The appropriation of $1.4 million from TIF are No. 2 will be moved into the South Side TIF Area No. 1 account. Ll THERE WERE NO COMMUNICATIONS THERE WAS NO OLD BUSINESS PUBLIC HEARING ON RESOLUTIONS NO. 2975, 2976, 2977, 2978, 2979, 2980, 2981, 2982, 2983 AND 2984 South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) A. Public Hearings (1) continued... Ms. Jones opened the Public Hearing on Resolutions No. 2975, 2976, 2977, 2978, 2979, 2980, 2981, 2982, 2983 and 2984 for whoever wished to speak. There was no one who wished to speak regarding Resolutions No. 2975, 2976, 2977, 2978, 2979, 2980, 2981, 2982, 2983 and 2984. Ms. Jones closed the Public Hearing for whatever action the Commission wished to take. (2) Consideration of Resolution No. 2975. Mr. Varner requested that staff be a little more specific about the Airport TIF and the Downtown TIF so the Commission could have a better handle on how the funds are to be spent. Ms. Jones noted that in the past the Executive Sessions have been held to allow the Commissioners to review the strategies for each area prior to the Public Hearings. She would like to have that opportunity again in the future before being asked to approve the appropriation resolutions. Mr. Inks clarified to Mr. Varner that that $10 million of the $30 million in the Airport TIF is under contract which rolls over from one year to the next. Ms. Leonard Inks added that $9.5 million is encumbered already. The appropriation for 2012 is actually $19.4 million. Mr. Inks added, of the things we need to South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) A. Public Hearings (2) continued... cover this year, debt service is almost $4 million dollars. There are projects that are already underway and approved by the Commission, such as the EMI demolition that the Commission has already approved or infrastructure for Ignition Park (Data Realty Project site improvements, generator, etc.). The actual amount that's available in the Airport TIF that is discretionary at this point is closer to $10 million. Upon a motion by Ms. King, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 2975 appropriating TIF revenues from Allocation Area No. 1 fund for payment of certain obligations and expenses related to the Airport Economic Development Area Allocation Area No. 1. (3) Consideration of Resolution No. 2976. Upon a motion by Ms. King, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 2976 an additional appropriation for the South Bend Central Development Area. (4) Consideration of Resolution No. 2977. Upon a motion by Ms. King, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 2977 appropriating TIF revenues from allocation area fund for payment of certain obligations and expenses related to the West n. COMMISSION APPROVED RESOLUTION NO. 2975 APPROPRIATING TIF REVENUES FROM ALLOCATION AREA NO. I FUND FOR PAYMENT OF CERTAIN OBLIGATIONS AND EXPENSES RELATED TO THE AIRPORT ECONOMIC DEVELOPMENT AREA ALLOCATION AREA NO. 1. COMMISSION APPROVED RESOLUTION NO. 2976 AN ADDITIONAL APPROPRIATION FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA, COMMISSION APPROVED RESOLUTION NO. 2977 APPROPRIATING TIF REVENUES FROM ALLOCATION AREA FUND FOR PAYMENT OF CERTAIN OBLIGATIONS AND EXPENSES RELATED TO THE WEST WASHINGTON - CHAPIN DEVELOPMENT AREA ALLOCATION AREA. South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) A. Public Hearings (3) continued... Washington- Chapin Development Area allocation area. (5) Consideration of Resolution No. 2978. Upon a motion by Ms. King, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 2978 additional appropriation for the Downtown Medical Services District. (6) Consideration of Resolution No. 2979. Upon a motion by Ms. King, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 2979 appropriating TIF revenues from allocation area fund for payment of certain obligations and expenses related to the Northeast Neighborhood Development Area allocation area. (7) Consideration of Resolution No. 2980. Upon a motion by Ms. King, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 2980 appropriating TIF revenues from Allocation Area No. 1 fund for payment of certain obligations and expenses related to the South Side Development Area Allocation Area No. 1. 7 COMMISSION APPROVED RESOLUTION NO. 2978 ADDITIONAL APPROPRIATION FOR THE DOWNTOWN MEDICAL SERVICES DISTRICT. COMMISSION APPROVED RESOLUTION NO. 2979 APPROPRIATING TIF REVENUES FROM ALLOCATION AREA FUND FOR PAYMENT OF CERTAIN OBLIGATIONS AND EXPENSES RELATED TO THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA ALLOCATION AREA. COMMISSION APPROVED RESOLUTION NO. 2980 APPROPRIATING TIF REVENUES FROM ALLOCATION AREA NO. I FUND FOR PAYMENT OF CERTAIN OBLIGATIONS AND EXPENSES RELATED TO THE SOUTH SIDE DEVELOPMENT AREA ALLOCATION AREA NO. 1. South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) A. Public Hearings (8) Consideration of Resolution No. 2981. Upon a motion by Ms. King, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 2981 appropriating and transferring TIF revenues from Allocation Area No. 2 fund to the South Side Development Area Allocation Area No. 1 and other related matters. (9) Consideration of Resolution No. 2982. Upon a motion by Ms. King, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 2982 appropriating TIF revenues from Allocation Area No. 3 fund for payment of certain obligations and expenses related to the South Side Development Area Allocation Area No. 3. (10) Consideration of Resolution No. 2983. Upon a motion by Ms. King, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 2983 appropriating TIF revenues from Allocation Area No. 1 fund for payment of certain obligations and expenses related to the Douglas Road Economic Development Area Allocation Area No. 1. (11) Consideration of Resolution No. 2984. Upon a motion by Ms. King, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 2979 appropriating TIF revenues from allocation area fund for payment of certain obligations 8 COMMISSION APPROVED RESOLUTION NO. 2981 APPROPRIATING AND TRANSFERRING TIF REVENUES FROM ALLOCATION AREA No. 2 FUND TO THE SOUTH SIDE DEVELOPMENT AREA ALLOCATION AREA NO. 1 AND OTHER RELATED MATTERS. COMMISSION APPROVED RESOLUTION NO. 2982 APPROPRIATING TIF REVENUES FROM ALLOCATION AREA No. 3 FUND FOR PAYMENT OF CERTAIN OBLIGATIONS AND EXPENSES RELATED TO THE SOUTH SIDE DEVELOPMENT AREA ALLOCATION AREA NO. 3. COMMISSION APPROVED RESOLUTION NO. 2983 APPROPRIATING TIF REVENUES FROM ALLOCATION AREA NO. 1 FUND FOR PAYMENT OF CERTAIN OBLIGATIONS AND EXPENSES RELATED TO THE DOUGLAS ROAD ECONOMIC DEVELOPMENT AREA ALLOCATION AREA NO. 1. COMMISSION APPROVED RESOLUTION NO. 2979 APPROPRIATING TIF REVENUES FROM ALLOCATION AREA FUND FOR PAYMENT OF CERTAIN OBLIGATIONS AND EXPENSES RELATED TO THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA ALLOCATION AREA NO. 2. South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) A. Public Hearings (11) continued... and expenses related to the Northeast Neighborhood Development Area Allocation Area No. 2. (12) Public Hearing on Resolution No. 2985 determining to appropriate monies for the purpose of defraying the expenses of certain local public improvements for the fiscal year beginning January 1, 2012 and ending December 31, 2012 including all outstanding claims and obligations, fixing a time when the same shall take effect. (Leighton Plaza Retail Space, Leighton Plaza Courtyard and Wayne Street Garage Retail Space). Mr. Inks asked that the record show that the PUBLIC HEARING ON RESOLUTION No. 2985 public hearing file is complete. It contains a copy of Resolution No. 2985 setting the public hearing; a copy of the Notice of the Hearing; and affidavits from the South Bend Tribune and the Tri- County News that the Notice of Hearing was published in those newspapers on January 13, 2012. Ms. Leonard Inks noted that Resolution No. 2985 appropriates $141,277 for the retail space Mr. Inks described. She was happy to report that the retail space is now 100% occupied. Ms. Jones opened the Public Hearing for anyone who wished to speak regarding Resolution No. 2985. There was no one who wished to speak. Ms. Jones closed the Public Hearing for whatever action the Commission wished to take. 9 South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) A. Public Hearings (13) Consideration of Resolution No. 2985. Upon a motion by Ms. King, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 2985 appropriating monies for the purpose of defraying the expenses of certain local public improvements for the fiscal year beginning January 1, 2012, and ending December 31, 2012, including all outstanding claims and obligations, fixing a time when the same shall take effect. (14) Public Hearing on Resolution No. 2986 determining to appropriate monies for the purpose of defraying the expenses of certain local public improvements for the fiscal year beginning January 1, 2012 and ending December 31, 2012 including all outstanding claims and obligations, fixing a time when the same shall take effect. (Blackthorn Golf Course Operations). Mr. Inks asked that the record show that the public hearing file is complete. It contains a copy of Resolution No. 2986 setting the public hearing; a copy of the Notice of the Hearing; and affidavits from the South Bend Tribune and the Tri- County News that the Notice of Hearing was published in those newspapers on January 13, 2012. Ms. Leonard Inks noted that Resolution No. 2986 appropriates approximately $1,485,000 for the expenses of the Blackthorn Golf Course for 2012. This budget was also approved at the Blackthorn Joint Committee Meeting in December. 10 COMMISSION APPROVED RESOLUTION NO. 2985 APPROPRIATING MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF CERTAIN LOCAL PUBLIC IMPROVEMENTS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012, AND ENDING DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. PUBLIC HEARING ON RESOLUTION NO. 2986 South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) A. Public Hearings (14) continued... Ms. Jones opened the Public Hearing for anyone who wished to speak regarding Resolution No. 2986. There was no one who wished to speak. Ms. Jones closed the Public Hearing for whatever action the Commission wished to take. Mr. Varner asked when this would be paid off. Ms. Leonard Inks responded that there will be one payment in 2013. (15) Consideration of Resolution No. 2986. Upon a motion by Mr. Varner, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 2986 determining to appropriate monies for the purpose of defraying the expenses of certain local public improvements for the fiscal year beginning January 1, 2012, and ending December 31, 2012, including all outstanding claims and obligations, fixing a time when the same shall take effect. B. South Bend Central Development Area (1) Resolution No. 3004 accepting the transfer of real property from the South Bend Redevelopment Authority (Eleven Housing Development Corporation properties in Monroe Park). Mr. Relos noted that there are currently twelve Housing Development Corporation (HDC) properties in the Monroe Park area on which staff has been working through the COMMISSION APPROVED RESOLUTION NO. 2986 DETERMINING TO APPROPRIATE MONIES FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF CERTAIN LOCAL PUBLIC IMPROVEMENTS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2012, AND ENDING DECEMBER 31, 2012, INCLUDING ALL OUTSTANDING CLAIMS AND OBLIGATIONS, FIXING A TIME WHEN THE SAME SHALL TAKE EFFECT. South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (1) continued... disposition process. These properties were titled in the name of the Redevelopment Authority (Authority) and need to be transferred to the Commission for disposition. Three of the properties were transferred to the Commission in December. The Redevelopment Authority authorized the transfer of the remaining eleven properties by its Resolution No. 176 on January 16. Staff recommends accepting the transfer of eleven remaining properties by approving Resolution No. 3004. Upon a motion by Ms. King, seconded by Mr. Varner and unanimously carried, the Commission approved Resolution No. 3004 accepting the transfer of real property from the South Bend Redevelopment Authority (Eleven Housing Development Corporation properties in Monroe Park). (2) Agreement for Services with Downtown South Bend, Inc. Ms. Leonard Inks noted that the agreement is for 2012 services related to beautification efforts in our downtown area in the amount of $250,000. Services include purchase and maintenance of flowers; repair and installation of appropriate street furniture and public art; maintenance and installation of downtown banners and flags; coordination and installation of appropriate holiday and seasonal decor, etc. The document mirrors 12 COMMISSION APPROVED RESOLUTION NO. 3004 ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT AUTHORITY (ELEVEN HOUSING DEVELOPMENT CORPORATION PROPERTIES IN MONROE PARK). South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (2) continued... our previous agreements with DTSB for these services. Staff requested approval of this agreement. Mr. Varner asked whether Downtown South Bend still files the 990 tax form each year. Ms. Leonard Inks responded that they do. Upon a motion by Mr. Varner, seconded by Ms. King and unanimously carried, the Commission approved the 2012 Agreement for Services with Downtown South Bend, Inc. (3) Resolution No. 2998 approving and authorizing the execution of an Addendum to the Master Agency Agreement (Coveleski Stadium Rehabilitation — 2012 Improvements). Mr. Relos noted that Resolution No. 2998 approves an Addendum To Master Agency Agreement with the Board of Parks Commissioners for the Coveleski Stadium Rehabilitation — 2012 Improvements project. The purpose of this resolution is to allow the Commission to work as the agent of the Park Board to make improvements at the Cove with Commission funds. The scope of work described in Exhibit A of the Addendum is the list of improvements proposed to be made during the 2012 construction season. Funding for items on the list include the $1.75 million dollar commitment by the South Bend 13 COMMISSION APPROVED THE 2012 AGREEMENT FOR SERVICES WITH DOWNTOWN SOUTH BEND, INC. South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (3) continued... Redevelopment Commission. The remainder of the work is proposed to be done with private financing. All of the work done with Commission funds will be bid out through the Board of Public Works as authorized under a separate resolution and addendum, which follow. Staff requests approval of Resolution No. 2998. Upon a motion by Ms. King, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 2998 approving and authorizing the execution of an Addendum to the Master Agency Agreement (Coveleski Stadium Rehabilitation — 2012 Improvements). (4) Resolution No. 2999 approving and authorizing the execution of an Addendum to the Master Agency Agreement (Coveleski Stadium Rehabilitation — 2012 Improvements). Mr. Relos noted that Resolution No. 2999 approves an Addendum To Master Agency Agreement for the Coveleski Stadium Rehabilitation — 2012 Improvements project. This addendum is between the Board of Public Works and the Redevelopment Commission to allow the Board of Public Works to act as the agent of the Redevelopment Commission to make improvements at the Cove with Commission funds. The scope of work is the same as that for 14 COMMISSION APPROVED RESOLUTION NO. 2998 APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (COVELESKI STADIUM REHABILITATION - 2012 IMPROVEMENTS). South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (4) continued... Resolution No. 2998 above and included an Exhibit A of the Addendum. Funding for items on the list is the same $1.75 million dollar commitment by the South Bend Redevelopment Commission with the remainder of the work to be done with private financing. All of the work done with Commission funds will be bid out through the Board of Public Works as authorized by this agreement. Staff requests approval of Resolution No. 2999. Mr. Varner noted that at the Redevelopment Commission meeting on December 13, 2011, Mr. Berlin committed to making $2 million in improvements, but the list of improvements for that amount was never spelled out. He asked whether this list includes the improvements Mr. Berlin will pay for. Mr. Inks responded that it does. The Commission will do the items that can be done from TIF funds and within the $1.75M budget the Commission has committed. The remainder would then be the responsibility of the owner. Mr. Varner asked if there was a time frame. Mr. Relos responded that they will get as much done as possible by opening day, but that's a tight schedule. Upon a motion by Ms. King, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 2999 approving and authorizing the execution of an Addendum to the Master Agency 15 COMMISSION APPROVED RESOLUTION NO. 2999 APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (COVELESKI STADIUM REHABILITATION - 2012 IMPROVEMENTS). South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (4) continued... Agreement (Coveleski Stadium Rehabilitation — 2012 Improvements). (5) Proposal for Phase I Environmental Site Assessment, Asbestos Survey, and Lead Based Paint Report on the former Gates Toyota Sales and Service Facilities. Mr. Relos noted staff solicited a proposal from Wightman Petrie to prepare a Phase 1 ESA update for the former Gates Toyota Sales and Service facilities located at 333 and 400 block of W. Western Avenue. A Phase 1 was completed on the properties in June, 2008, when the properties were in use (the Gates Service Building is still presently in use) and the city needs to update the report before closing on the properties. The proposal also includes an asbestos report and lead based paint report for the 333 W. Western building that will be used by ACS for the VA Clinic. All three of the reports will be completed and shared with ACS as part of their planning for the interior reconstruction of the building. The cost breakdown for the work includes the following: Phase 1 ESA $1,800.00 Asbestos Report $1,500.00 Lead Based Paint Report $1,500.00 Staff respectfully requests approval of the proposal from Wightman Petrie. 16 South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (5) continued... Ms. Jones asked whether there were any major environmental concerns on this site. Mr. Relos responded that there used to be a gas station at that location. There was an ESA of the site previously. The report identified a tank that had been properly removed. Mr. Rafinski, of Wightman Petrie added that the tank that was identified on the initial report was listed under a different address, so we're not sure the one from this property is gone and cleaned. He believes further investigation is needed. Ms. Jones asked if this proposal includes the further investigation. Mr. Rafinski responded that this proposal would cover any paperwork investigation (a Phase I ESA) of that situation, but not any on -site investigation. Upon a motion by Ms. King, seconded by Mr. Varner and unanimously carried, the Commission approved the Proposal for Phase I Environmental Site Assessment, Asbestos Survey, and Lead Based Paint Report on the former Gates Toyota Sales and Service Facilities. (6) Resolution No. 3005 approving and authorizing the execution of an Addendum to the Master Agency Agreement (ACS/VA Project Exterior Site Improvements). Mr. Relos noted that Resolution No. 3005 approves the Addendum To Master Agency 17 COMMISSION APPROVED THE PROPOSAL FOR PHASE I ENVIRONMENTAL SITE ASSESSMENT, ASBESTOS SURVEY, AND LEAD BASED PAINT REPORT ON THE FORMER GATES TOYOTA SALES AND SERVICE FACILITIES. South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (6) continued... Agreement for the ACSNA Project Exterior Site Improvements. The improvements are necessary to facilitate the CBOC VA project that will be located in the former Gates Toyota building located at 333 W Western Avenue. The improvements consist of exterior building improvements and improvements to the parking area located west of the building. The exterior building improvements consist of aesthetic and functional project components. To meet current code, all of the windows along the alley or east side of the building need to be blocked in or replaced with new fire code -rated windows to meet code for building spacing. Also, all of the windows on the second floor will be covered over or modified to present a uniform appearance for the south and west faces of the building. The windows are not being replaced or filled in because of the uncertainty with the reuse of the second floor in the future. Once all of the exterior work is done, the east, south and west faces of the building will be painted. The total project budget for all of the work is $432,000. The work will all be publically bid through the Board of Public Works. Staff requests approval of Resolution No. 3005 Mr. Varner asked for clarification regarding lease opportunities versus clinic expansion into the remainder of the building. Mr. Inks replied that the remainder of the building is 18 South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (6) continued... not being reserved for the clinic project. It would be available for leasing to another entity. The agreement with the veteran's clinic is that the city will have a lease for the clinic to occupy somewhere between 16,000 to 24,000 sq. ft. The exact amount of space the lease will cover is currently being determined in discussions between ACS and the VA Clinic. When the lease is brought before the Commission, the amount of leased space will be set. Upon a motion by Ms. King, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 3005 approving and authorizing the execution of an Addendum to the Master Agency Agreement (ACSNA Project Exterior Site Improvements) in the amount of $432,000. (7) Resolution No. 3006 amending the Development Plan for the South Bend Central Development Area and adding one or more properties to the List of Properties to be Acquired (Gates acquisitions). Mr. Relos noted that Resolution No. 3006 is the declaratory resolution for amending the South Bend Central Development Area Development Plan to add three (3) properties to the acquisition list The three properties are located on the northwest corner of Main Street and Western Avenue and are part of the property acquisition with GMS Realty (Gates). To 19 COMMISSION APPROVED RESOLUTION NO. 3005 APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (ACSNA PROJECT EXTERIOR SITE IMPROVEMENTS) IN THE AMOUNT OF $432,000. South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) B. South Bend Central Development Area (7) continued... properly complete the Gates property acquisition it was determined that the properties needed to be on the South Bend Central Development Area acquisition list rather than having the parcels donated to the Board of Public Works. The properties have previously been appraised at $115,000 and that is the negotiated price the Commission will ultimately pay for the properties as part of the previously approved administrative settlement. Staff requests approval of Declaratory Resolution No. 3006. Staff also requests authorization to schedule a public hearing for the confirming resolution for either the March 13 or March 27 Commission meeting. Upon a motion by Ms. King, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 3006 amending the Development Plan for the South Bend Central Development Area and adding one or more properties to the List of Properties to be Acquired and authorized staff to schedule a Public Hearing in March on Resolution No. 3006.. (Gates acquisitions) C. Airport Economic Development Area (1) Resolution No. 2997 approving and authorizing the execution of an Addendum to the Master Agency Agreement (Ignition Park South Expansion Area Demolitions Phase 2). 20 COMMISSION APPROVED RESOLUTION NO. 3006 AMENDING THE DEVELOPMENT PLAN FOR THE SOUTH BEND CENTRAL DEVELOPMENT AREA AND ADDING ONE OR MORE PROPERTIES TO THE LIST OF PROPERTIES TO BE ACQUIRED AND AUTHORIZED STAFF TO SCHEDULE A PUBLIC HEARING IN MARCH ON RESOLUTION NO. 3006. (GATES ACQUISITIONS); South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) C. Airport Economic Development Area (1) continued... Mr. Relos noted Resolution 2997 approves an Addendum To Master Agency Agreement for the Ignition Park South Expansion Area Demolitions Phase 2 project. To date there have been two emergency demolitions, in addition to 24 properties cleared in Phase 1 this past fall. This Addendum covers 26 Commission owned structures which have had asbestos reports completed. It is estimated that the total cost of this project will be $350,000, which includes asbestos abatement prior to demolition, demolition and property clearance. Staff requests your approval of this project. Upon a motion by Mr. Varner, seconded by Mr. Alford and unanimously carried, the Commission approved Resolution No. 2997 approving and authorizing the execution of an Addendum to the Master Agency Agreement (Ignition Park South Expansion Area Demolitions Phase 2) in a not -to- exceed amount of $350,000. (2) Proposal for Asbestos Inspection Reports for demolition in Ignition Park South. Mr. Relos noted that in the Ignition Park South expansion area, there are currently three owned properties with structures on them that have not yet had asbestos reports completed. In addition, there are five 21 COMMISSION APPROVED RESOLUTION NO. 2997 APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (IGNITION PARK SOUTH EXPANSION AREA DEMOLITIONS PHASE 2) IN A NOT -TO- EXCEED AMOUNT OF $350,000. South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) C. Airport Economic Development Area (2) continued... properties that staff is near closing on, and three that have a possibility of closing on this year, for a total of 11 properties that at some point will need asbestos inspections completed prior to demolition specs being written. Grauvogel & Associates has completed many of the asbestos reports in this area. They have provided a proposal to charge the same price per structure as they have in the past, which, when bid out early last year, was the lowest price. Grauvogel's proposal is $290 per residential structure and $390 for a small commercial structure. If further analysis is needed to confirm asbestos containing materials which may be questionable based on test results, an additional fee of $60 per test will be charged. Of these eleven properties, ten are residential and one small commercial. Based on the above pricing, asbestos reports total $3,290. To fund any additional testing that may be needed, staff requests a not -to- exceed amount of $5,000. Staff requests approval of this Professional Services Agreement with Grauvogel & Associates, to fund asbestos testing on acquired properties in the Ignition Park South Expansion Area. Upon a motion by Ms. King, seconded by Mr. Varner and unanimously carried, the Commission approved the proposal from Grauvogel & Associates for Asbestos 22 COMMISSION APPROVED THE PROPOSAL FROM GRAUVOGEL & ASSOCIATES FOR ASBESTOS INSPECTION REPORTS FOR DEMOLITION IN IGNITION PARK SOUTH IN A NOT -TO- EXCEED AMOUNT OF $5,000 South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) C. Airport Economic Development Area (2) continued... Inspection Reports for demolition in Ignition Park South in a not -to- exceed amount of $5,000. (3) Administrative Settlement for acquisition of 1512 S. Kemble. Mr. Relos noted that on September 27, 2011, the Commission approved Resolution No. 2940, setting the acquisition offering price for 1512 S. Kemble at $12,250, the average of two independent appraisals. The property is a two story, four bedroom, 1,280 square foot single family residence. Staff has been working with the property owner since that time, to reasonably reach an agreement to acquire this property and relocate the occupant. Under our relocation policy, an additional $20,250 is eligible as a housing replacement payment to move this property owner into a similar sized decent, safe, and sanitary home. The owner has found another home, but an administrative settlement of $7,400 is needed to purchase it ($12,250 acquisition cost + $20,250 housing replacement payment + $7,400 administrative settlement = new home's price of $39,900). Property acquisitions with relocation in this same immediate area have ranged from approximately $50,000 to $70,000. Staff feels an administrative settlement of $7,400 is reasonable compared with other acquisitions in this area, and requests your 23 South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) C. Airport Economic Development Area (3) continued... approval of the administrative settlement to allow for the acquisition of this property and the owner's relocation. Upon a motion by Mr. Varner, seconded by COMMISSION APPROVED THE ADMINISTRATIVE Mr. Alford and unanimously carried, the SETTLEMENT FOR ACQUISITION OF 1512 S. Commission approved the Administrative KEMBLE IN THE AMOUNT OF $7,400. Settlement for acquisition of 1512 S. Kemble in the amount of $7,400. (4) Resolution No. 2996 related to acquisition of property in the Airport Economic Development Area (1510 S. Taylor St). Mr. Relos noted that 1510 S. Taylor St. was added to the Airport Economic Development Area Acquisition List by Resolution No. 2596 on August 26, 2009. The property is a one story, three bedroom single family residence with a two car garage and full basement. This property is currently vacant and is the last property on Taylor Street that is not owned by the Commission. Resolution No. 2996 sets the acquisition value of the property at $23,500, the average of two independent appraisals. Staff requests approval of Resolution No. 2996. Upon a motion by Ms. King, seconded by Mr. Varner and unanimously carried, the Commission approved Resolution No. 2996 setting the acquisition offering price at $23,500 for property in the Airport Economic Development Area (15 10 S. Taylor St). 24 COMMISSION APPROVED RESOLUTION NO. 2996 SETTING THE ACQUISITION OFFERING PRICE AT $23,500 FOR PROPERTY IN THE AIRPORT ECONOMIC DEVELOPMENT AREA (15 10 S. TAYLOR ST). South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) C. Airport Economic Development Area (5) Resolution No. 3002 appointing members to the Ignition Park Architectural Review Board. Mr. Kain noted that on December 13, 2010, the South Bend Common Council approved the Ignition Park PUD which requires the formation of the Ignition Park Architectural Review Board (ARB). The ARB consists of five members with four members appointed by the Commission and one by the Common Council. The four Commission appointees are: 1. Director of Ignition Park 2. Executive Director of Community & Economic Development 3. Two (2) citizen members Resolution No. 3002 reappoints the two citizen members that the Commission appointed last year for a one year term. The members recommended are Doug Marsh, Vice President and University Architect for the University of Notre Dame du Lac and Kathryn Roos, Deputy Chief of Staff for Mayor Pete Buttigieg. Staff requests approval of Resolution No. 3002. Mr. Varner asked what the intent was to have two citizen members. Mr. Inks responded that at the time, staff was looking for expertise that we didn't have in some of the other positions. The Director of Ignition Park didn't have an architectural background; neither did our Executive Director of Economic Development. Mr. Gary Gilot has 25 South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. - NEW BUSINESS (CONT.) C. Airport Economic Development Area (5) continued... engineering background which we don't have as much of a need for at this point. The real need now is architectural and Mr. Marsh and Ms. Roos bring that to the table. Mr. Varner added that "citizen member" should be noted and referenced that way. Mr. Kain responded that there was a rules and procedure document that was adopted by the Commission which specifies the membership to the ARB and states the citizen members with the intent of that. Upon a motion by Mr. Varner, seconded by Ms. King and unanimously carried, the Commission approved Resolution No. 3002 appointing members to the Ignition Park Architectural Review Board (6) Proposal for survey of property in the Airport Economic Development Area (Vacant lot west of Data Realty Lot #4). Mr. Kain noted that staff solicited a proposal from Danch, Hamer & Associates to survey a piece of property in Ignition Park that lies to the west of Lot #4, recently sold to Data Realty, LLC. Although this piece of property is small in size, there is potential for it to be a good development site. In order to explore this potential, a survey is needed to determine the size and accurate acreage of this lot. Staff requests approval of the proposal by Danch, Hamer & Associates in the amount of $2,250. 26 COMMISSION APPROVED RESOLUTION NO. 3002 APPOINTING MEMBERS TO THE IGNITION PARK ARCHITECTURAL REVIEW BOARD South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) C. Airport Economic Development Area (6) continued... Upon a motion by Mr. Varner, seconded by Ms. King and unanimously carried, the Commission approved the proposal for survey of property in the Airport Economic Development Area (Vacant lot west of Data Realty Lot #4) in the amount of $2,250. D. West Washington- Chapin Development Area (1) Resolution No. 3003 approving and authorizing the execution of an Addendum to the Master Agency Agreement (Hansel Center). Mr. Inks asked to table Item 6.D.(1) Upon a motion by Mr. Varner, seconded by Mr. Alford and unanimously carried, the Commission tabled item 6.1)(1) until a later date. 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. 27 COMMISSION APPROVED THE PROPOSAL FOR SURVEY OF PROPERTY IN THE AIRPORT ECONOMIC DEVELOPMENT AREA (VACANT LOT WEST OF DATA REALTY LOT #4) IN THE AMOUNT OF $2,250. COMMISSION TABLED ITEM 6.D(1) UNTIL A LATER DATE. THERE WAS NO BUSINESS IN THE SOUTH SIDE DEVELOPMENT AREA. THERE WAS NO BUSINESS IN THE NORTHEAST NEIGHBORHOOD DEVELOPMENT AREA. THERE WAS NO BUSINESS IN THE DOUGLAS ROAD ECONOMIC DEVELOPMENT AREA. South Bend Redevelopment Commission Regular Meeting — January 24, 2012 6. NEW BUSINESS (CONT.) H. Ratification of Service Contracts Upon a motion by Ms. King, seconded by Mr. Varner and unanimously carried, the Commission ratified the services contract with Meridian Title Corp. for title work related to acquisition of the Gates properties in the amount of $1,600. 7. PROGRESS REPORTS Mr. Inks noted that staff is in the process of completing their annual report for 2011 and expect it to be done in the next week or two and it will be sent to the Commissioners at that time. Mr. Varner asked if item 6.1)(1) would be tabled for an extended period. Mr. Inks answered that staff expects it to be back on the agenda at the next meeting. 8. NEXT COMMISSION MEETING The next meeting of the Redevelopment Commission is scheduled for Tuesday, February 14, 2012 at 4:00 p.m. 9. ADJOURNMENT There being no further business to come before the Redevelopment Commission, the meeting was adjourned at 4:42 p.m. Donald E. Inks, Director 28 COMMISSION RATIFIED THE SERVICES CONTRACT WITH MERIDIAN TITLE CORP. FOR TITLE WORK RELATED TO ACQUISITION OF THE GATES PROPERTIES IN THE AMOUNT OF $1,600 PROGRESS REPORTS NEXT COMMISSION MEETING ADJOURNMENT