HomeMy WebLinkAbout01-18-08 Redevelopment Commission Minutes
SOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING
January 18, 2008
10:00 a.m. 227 West Jefferson Boulevard
Presiding: Marcia I. Jones, President South Bend, Indiana
1. ROLL CALL
Members Present: Ms. Marcia Jones, President
Mr. Karl King, Vice President
Mr. Greg Downes, Secretary
Mr. Hardie Blake, Jr.
Mr. Ken Peczkowski
Legal Counsel: Mr. Charles S. Leone, Esq.
Redevelopment Staff: Mr. Don Inks, Director
Mrs. Cheryl Phipps, Recording Secretary
Mr. Bill Schalliol, Economic Development Specialist
Ms. Jennifer Laurent, Economic Development Specialist
Mr. Nicholas Witwer, Economic Development Specialist
Ms. Debrah Jennings, Property Manager
Mr. Jeff Gibney, Executive Director
Others Present: Ms. Rita Kopala
Ms. Linda Wolfson, Community Forum for Economic Dev
Mr. Marco Mariani, Downtown South Bend, Inc.
Mr. Paul Meyer, Downtown South Bend, Inc.
Mr. Tom Price, Mayor’s Office
Mr. Jerry Niezgodski
Ms. Allison Sell, Baker & Daniels
Mr. Richard Love
Mr. Jenario Morgan
2. APPROVAL OF MINUTES
A. Approval of Minutes of the Annual
Organizational Meeting of Wednesday,
January 2, 2008.
CM
Upon a motion by Mr. King, seconded by Mr.
OMMISSION APPROVED THE INUTES OF THE
AOM
NNUAL RGANIZATIONAL EETING OF
Downes and unanimously carried, the Commission
W,J2,2008
EDNESDAY ANUARY
approved the Minutes of the Annual Organizational
Meeting of Wednesday, January 2, 2008.
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
2. APPROVAL OF MINUTES (CONT.)
B. Approval of Minutes of the Regular Meeting of
Wednesday, January 2, 2008.
CM
Upon a motion by Mr. King, seconded by Mr.
OMMISSION APPROVED THE INUTES OF THE
RMW,
EGULAR EETING OF EDNESDAY
Downes and unanimously carried, the Commission
J 2,2008
ANUARY
approved the Minutes of the Regular Meeting of
Wednesday, January 2, 2008.
3. APPROVAL OF CLAIMS
Redevelopment Commission Claims submitted January 18, 2008 for approval.
324 AIRPORT AEDA
Hull & Associates, Inc. 3,000.00
R.E. Pitts & Associates, Inc. 1,900.00
Jerome E. Michaels, MAI 500.00
Conway Data 4,628.25
City of South Bend 1,048.91
DLZ Indiana Inc. 5,900.00
Abonmarche 1,280.00
420 FUND TIF DISTRICT-SBCDA GENERAL
DTSB 25,375.00
Ampco System Parking 2,078.10
R.E. Pitts & Associates, Inc. 3,150.00
Circle Lumber, Inc. 5.99
Galloway Mortgage Services, Inc. 150.00
NIPSCO 3.65
Wightman Petrie 2,432.50
JJR 3,600.00
422 FUND WEST WASHINGTON
Kaser-Spraker Construction, Inc. 30,554.82
South Bend Heritage Foundation 3,055.48
426 FUND MEDICAL DISTRICT TIF
DLZ 22,900.00
Meridian Title Corporation 2,855.00
2
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
3. APPROVAL OF CLAIMS (CONT.)
428 FUND AIRPORT 2003 BOND
Walsh & Kelly, Inc. 81,182.53
DLZ 325.00
Total $ 195,925.23
CC
Upon a motion by Mr. Downes, seconded by Mr. Blake
OMMISSION APPROVED THE LAIMS
J18,2008,
SUBMITTED ANUARY AND ORDERED
and unanimously carried, the Commission approved the
THE CHECKS TO BE RELEASED
Claims submitted January 18, 2008, and ordered checks
to be released
4. COMMUNICATIONS
TC
There were no Communications.
HERE WERE NO OMMUNICATIONS
5. OLD BUSINESS
TOB
There was no Old Business.
HERE WAS NO LD USINESS
6. NEW BUSINESS
A. Public Hearing
(1) Public Hearing on Resolution No. 2425
amending the South Bend Central
Development Area Development Plan.
(Adding 118 N. Main St. to List of
Properties to Be Acquired)
Ms. Laurent noted that Resolution No. 2425
amends the South Bend Central Development
Area Development Plan to include one parcel
on the List of Properties To Be Acquired.
The address of the parcel is 118 N. Main St.,
a surface parking lot owned and operated by
John Coyne, adjacent to the JMS Building.
John Freidline, owner of the JMS Building,
has requested the city’s assistance in
brokering a transaction between himself and
John Coyne of Ampco Parking that will
allow for increased certainty in the provision
3
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
6. NEW BUSINESS (CONT.)
A. Public Hearing
(1) continued…
of convenient, dedicated parking for the
building as Mr. Freidline plans to convert
four floors of the office building to
residential condominiums. We wish to
encourage this type of use and new
investment in this historic building. Within
the guidelines set by statute for public notice
and bidding procedures, it will be our intent
to acquire the parking lot from Mr. Coyne
and dispose of the property to Mr. Freidline
simultaneously, if a negotiated arrangement
can be arranged with both parties. Staff
recommends your approval of Resolution
No. 2425.
Mr. Inks noted that the public hearing file is
complete, containing (1) a copy of the Notice
of Hearing; (2) a copy of Resolution
No. 2425; (3) affidavits from the South Bend
Tribune and Tri-County News that the notice
of hearing was published in those
newspapers on January 4, 2008; (4) a
statement from Jennifer Laurent that on
December 27, 2007 affected property owners
and registered neighborhood associations
were sent notice of the public hearing; (5) as
of 10:00 a.m. there were no written
remonstrances received.
PHRN.2425
Ms. Jones opened the public hearing for
UBLIC EARING ON ESOLUTION O
whoever wished to speak regarding
Resolution No. 2425. There was no one who
wished to speak. Ms. Jones closed the public
hearing.
4
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
6. NEW BUSINESS (CONT.)
(2) Commission approval requested for
Resolution No. 2425.
CRN.2425
Upon a motion by Mr. King, seconded by
OMMISSION APPROVED ESOLUTION O
SBC
AMENDING THE OUTH END ENTRAL
Mr. Downes and unanimously carried, the
DADP.
EVELOPMENT REA EVELOPMENT LAN
Commission approved Resolution No. 2425
amending the South Bend Central
Development Area Development Plan.
B. Housing
(1) Commission approval requested for Loan
and Grant in connection with the South
Bend Home Improvement Program for
property located at 815 Cottage Grove.
(Sharon Sexton)
Mr. Inks noted that the amount of the loan is
$2,350. The grant is $17,000.
CLG
Upon a motion by Mr. Downes, seconded by
OMMISSION APPROVED THE OAN AND RANT
SBH
IN CONNECTION WITH THE OUTH END OME
Mr. Blake and unanimously carried, the
IP
MPROVEMENT ROGRAM FOR PROPERTY
Commission approved the Loan and Grant in
815CG
LOCATED AT OTTAGE ROVE
connection with the South Bend Home
Improvement Program for property located at
815 Cottage Grove.
C. South Bend Central Development Area
(1) Commission approval requested for
Resolution No. 2429 related to acquisition
of property in the South Bend Central
Development Area. (Setting the offering
price for 118 N. Main St.)
Ms. Laurent noted that Resolution No. 2429
sets the offering price of 118 N. Main St. at
$102,500 determined by the average of two
MAI appraisals. An offer to purchase will be
drafted by legal counsel that outlines that our
5
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
6. NEW BUSINESS (CONT.)
C. South Bend Central Development Area
(1) continued…
purchase is contingent upon having a
committed buyer for the property. Staff
recommends approval.
CRN.2429
Upon a motion by Mr. King, seconded by
OMMISSION APPROVED ESOLUTION O
RELATED TO ACQUISITION OF PROPERTY IN THE
Mr. Downes and unanimously carried, the
SBCDA
OUTH END ENTRAL EVELOPMENT REA
Commission approved Resolution No. 2429
related to acquisition of property in the South
Bend Central Development Area.
(2) Commission approval requested for
Agreement for Services by and between
the City of South Bend, Department of
Redevelopment, acting by and through the
South Bend Redevelopment Commission
and Downtown South Bend, Inc.
Mr. Inks noted that for the past several years
we have entered into an Agreement for
Services with Downtown South Bend, Inc.
(DTSB). This is a continuation of that
agreement. It is the same agreement
executed with DTSB for 2007 except that
Exhibit A has a revised format. The services
provided remain the same. The amount of
the contract for 2008 is $250,000, down from
$275,000 in 2007.
Mr. Peczkowski asked for DTSB’s itemized
expenditures for 2007 related to this list of
services. Mr. Mariani responded that he did
not have that information with him, but
DTSB is in the midst if its annual audit and
that information could be provided following
the audit Mr. Mariani indicated that he
would also be providing a detailed list of
6
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
6. NEW BUSINESS (CONT.)
C. South Bend Central Development Area
(2) continued…
revenue and expenditures related to the
funds.
Mr. Peczkowski asked for a detailed list of
all revenues and expenditures, not just those
related to the funds the Commission
provides. Mr. Mariani promised to provide
that as well.
Mr. Peczkowski asked about changes made
to the Santa House program. He wondered if
the contributions from Transpo and South
Bend Chocolate were just “in kind,” or was
there a monetary contribution also. Mr.
Mariani responded that they paid for some
advertising of the program in addition to “in
kind” contributions. There was no cash
contribution.
Referring to coverage in the South Bend
Tribune, Mr. Peczkowski asked about the
Santa House numbers being down in 2007
compared to 2006 numbers, from 5,000 in
2006 to 2,500 in 2007. Mr. Mariani disputed
the attendance numbers from 2006, saying he
had not seen anything nearly as high as
5,000. He claimed that the 2007 attendance
was the highest yet. Mr. Mariani stated that
they had also asked visitors to complete
written evaluations and they were all very
positive.
Mr. Peczkowski asked if it was either likely
or advisable that the Santa House be moved
indoors to the South Bend Chocolate Café’s
new children’s area. Mr. Mariani responded
7
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
6. NEW BUSINESS (CONT.)
C. South Bend Central Development Area
(2) continued…
that Mr. Tarner has not expressed any
interest in doing that.
CA
Mr. Downes made a motion to approve the
OMMISSION APPROVED THE GREEMENT FOR
SCS
ERVICES BY AND BETWEEN THE ITY OF OUTH
Agreement for Services by and between the
B,DR,
END EPARTMENT OF EDEVELOPMENT
City of South Bend, Department of
SB
ACTING BY AND THROUGH THE OUTH END
Redevelopment, acting by and through the
RC
EDEVELOPMENT OMMISSION AND
South Bend Redevelopment Commission and
DSB,I.
OWNTOWN OUTH END NC
Downtown South Bend, Inc. Mr. King
seconded the motion. The motion carried on
a vote of four to one with Mr. Peczkowski
opposed.
(3) Commission approval requested for
Resolution No. 2431 continuing certain
funds and accounts in connection with the
Lease dated as of May 1, 1997, as amended
by an addendum to lease dated
January 15, 1998, between the South Bend
Redevelopment Commission and the
South Bend Redevelopment Authority for
the Morris Performing Arts Center
project.
Mr. Inks noted that the interest rate
environment is favorable for the refunding of
the bonds for renovation of the Morris
Performing Arts Center. The expected net
savings is $450,000. The new bonds will be
outstanding for about nine years. It’s an
annual savings in debt service of about
$100,000.
Mr. Inks noted that the Commission has not
had involvement with this bond since it was
sold. TIF is not used for repayment of the
8
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
6. NEW BUSINESS (CONT.)
C. South Bend Central Development Area
(3) continued…
bonds, so it has been invisible to
Commissioners. Debt service is paid from a
Redevelopment tax levy. This lease is
secured by a tax levy, approved annually by
the Common Council. The lease is not a real
estate lease, but a funds flow mechanism
allowing the funds for debt service to change
hands.
Mr. Peczkowski asked about the boundaries
of the Redevelopment District which is
levied to pay for the bond. Mr. Inks
explained that the boundaries of the
Redevelopment District are coterminous with
the city limits.
Mr. Peczkowski asked how much of the tax
rate is due to this bond. Mr. Inks didn’t
know, but said that information is available
in the Treasurer’s office. There could be
more than one bond being paid from the
Redevelopment District portion of the tax
rate, but he believes there is only one now.
Mr. Peczkowski asked about the possible
impact of the current effort to repeal property
taxes. Ms. Sell, Baker & Daniels, responded
that methods for handling such debt would be
addressed in the bill the state would pass to
repeal property taxes.
CRN.2431
Upon a motion by Mr. Downes, seconded by
OMMISSION APPROVED ESOLUTION O
CONTINUING CERTAIN FUNDS AND ACCOUNTS IN
King and unanimously carried, the
L
CONNECTION WITH THE EASE DATED AS OF
Commission approved Resolution No. 2431
M1,1997,
AY AS AMENDED BY AN ADDENDUM
continuing certain funds and accounts in
J 15,1998,
TO LEASE DATED ANUARY BETWEEN
connection with the Lease dated as of May 1,
SBR
THE OUTH END EDEVELOPMENT
9
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
6. NEW BUSINESS (CONT.)
C. South Bend Central Development Area
(3) continued…
CSB
OMMISSION AND THE OUTH END
1997, as amended by an addendum to lease
RAM
EDEVELOPMENT UTHORITY FOR THE ORRIS
dated January 15, 1998, between the South
PAC.
ERFORMING RTS ENTER PROJECT
Bend Redevelopment Commission and the
South Bend Redevelopment Authority for the
Morris Performing Arts Center project.
D. Airport Economic Development Area
(1) Commission approval requested for
proposal for professional services in the
Airport Economic Development Area.
(Phase II Environmental Assessment for
1406 S. Franklin)
Mr. Schalliol noted that items 6.D.(1), (2),
and (3) are related. Staff solicited and
received a proposal from Hull & Associates
to perform a Phase II environmental
assessment at the former Eckler-Lahey
property. The scope of work will be to
complete sampling of locations designated in
the Phase I site assessment and to test both
soil and ground water conditions. A
remediation plan will then be developed, if
necessary. Cleanup will be done during
demolition. The work is necessary to prepare
the site for future development opportunities.
The fee for the proposal is $35,000. Mr.
Schalliol asked for approval of a not-to-
exceed amount of $40,000 in case there is
additional work that needs to be done that is
not realized now.
Mr. Schalliol showed a drawing of the
various parcels addressed by these three
agenda items. Mr. Peczkowski asked if this
10
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
6. NEW BUSINESS (CONT.)
D. Airport Economic Development Area
(1) continued…
property was going to be disposed of faster
than the others shown, or be included with
the industrial park. Mr. Schalliol responded
that it will be considered adjacent to the main
industrial park, but staff is talking to several
potential users who have interest in various
configurations of all or portions of this
property. All potential users want more
information than the Phase I environmental
site assessment provided.
C
Upon a motion by Mr. Downes, seconded by
OMMISSION APPROVED THE REQUEST FOR
PROPOSAL FOR PROFESSIONAL SERVICES IN THE
Mr. Peczkowski and unanimously carried,
AEDA
IRPORT CONOMIC EVELOPMENT REA AND
the Commission approved the request for
H&
ACCEPTED THE PROPOSAL FROM ULL
proposal for professional services in the
A
SSOCIATES FOR THE SCOPE OF SERVICES
Airport Economic Development Area and
--
PROPOSED AND A NOTTOEXCEED AMOUNT OF
$40,000.(PIIE
accepted the proposal from Hull &
HASE NVIRONMENTAL
A1406S.F)
SSESSMENT FOR RANKLIN
Associates for the scope of services
proposed and a not-to-exceed amount of
$40,000. (Phase II Environmental
Assessment for 1406 S. Franklin)
(2) Commission approval requested for
proposal for professional services in the
Airport Economic Development Area.
(Demolition specifications and site
preparation for 1406 S. Franklin)
Mr. Schalliol noted that a demolition plan
and specifications need to be prepared for
both the site addressed above, as well as the
other Eckler-Lahey property and the Norfolk
Southern property that was purchased in
2007. Staff solicited and received a proposal
from Hull & Associates to get the general
permitting needed, to prepare the bid
11
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
6. NEW BUSINESS (CONT.)
D. Airport Economic Development Area
(2) continued…
documents, and to assist in the early stages of
the bidding process. The cost of those
services is proposed as $26,300. There are
other services quoted in the proposal which
would not be contracted without further
approval by the Commission. Staff requests
approval of a not-to-exceed amount of
$30,000.
Mr. Peczkowski asked why we don’t include
in our negotiations to purchase property the
cost of environmental assessment and
remediation. Mr. Schalliol responded that
it’s not ever been the redevelopment process
to expect that of sellers. We could look at
that. We were lucky here to actually have a
responsible party we could identify. In most
of the Studebaker Corridor that isn’t the case.
C
Upon a motion by Mr. Downes, seconded by
OMMISSION APPROVED THE REQUEST FOR
PROPOSAL FOR PROFESSIONAL SERVICES IN THE
Mr. King and unanimously carried, the
AEDA
IRPORT CONOMIC EVELOPMENT REA AND
Commission approved the request for
H&
ACCEPTED THE PROPOSAL FROM ULL
proposal for professional services in the
A
SSOCIATES FOR THE SCOPE OF SERVICES
Airport Economic Development Area and
PROPOSED AND A NOT TO EXCEED AMOUNT OF
$30,000
accepted the proposal from Hull &
Associates for the scope of services proposed
and a not to exceed amount of $30,000.
(3) Commission approval requested for
proposal for professional services in the
Airport Economic Development Area.
(Survey work, Studebaker Industrial Park
and 1406 S. Franklin)
Mr. Schalliol noted that the survey services
would be for both the 1406 Franklin parcel as
12
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
6. NEW BUSINESS (CONT.)
D. Airport Economic Development Area
(3) continued…
well as the larger Studebaker Industrial Park
site that we presently own. Staff solicited
and received a proposal from Danch Harner
& Associates to provide: (a) a minor
subdivision and alley vacation for the Eckler-
Lahey parcel; (b) a three-lot minor
subdivision for the Studebaker Industrial
Park. That creates three lots, one of them
being the Transpo lot, which until it goes
through the subdivision process can’t be
transferred; and (c) creation of a two-lot
major subdivision for the remainder of the
site, as well as plotting the roadway.
The proposal has a fee of $37,844. Staff
requests approval of a not-to-exceed amount
of $40,000.
C
Upon a motion by Mr. Downes, seconded by
OMMISSION APPROVED THE REQUEST FOR
PROPOSAL FOR SURVEY SERVICES IN THE
Mr. King and unanimously carried, the
AEDA
IRPORT CONOMIC EVELOPMENT REA AND
Commission approved the request for
D
ACCEPTED THE PROPOSAL FROM ANCH
proposal for survey services in the Airport
H&A--
ARNER SSOCIATES FOR A NOTTOEXCEED
Economic Development Area and accepted
$40,000.(S,
AMOUNT OF URVEY WORK
SIP1406S.
the proposal from Danch Harner &
TUDEBAKER NDUSTRIAL ARK AND
F)
RANKLIN
Associates for a not-to-exceed amount of
$40,000. (Survey work, Studebaker Industrial
Park and 1406 S. Franklin)
(4) Commission approval requested for
proposal for professional services in the
Airport Economic Development Area.
(Title work, 3408 Ardmore and
Superclean Carwash on Bendix Drive)
Ms. Jones noted that the agenda should have
included an item for both title work and
13
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
6. NEW BUSINESS (CONT.)
D. Airport Economic Development Area
(4) continued…
appraisals on these two properties.
Mr. Witwer noted that staff requested and
received a proposal from Meridian Title for
title work on two properties: 3408 Ardmore
and the Superclean Carwash on Bendix
which does not seem to have an address. The
fee is $150 for each property. Staff
recommends approval.
Mr. Witwer noted that staff also requested
proposals for appraisals on those properties.
Three proposals were received, from: Jerry
Michaels in the amount of $2,900 and $1,500
respectively; Rick Pitts in the amount of
$3,500 and $3,400 respectively; and Ralph
Lauver in the amount of $3,200 and $2,500
respectively. Two appraisals are needed on
each property. Staff recommends accepting
the proposals from Jerry Michaels and Ralph
Lauver for a total cost of $10,100.
C
Upon a motion by Mr. Downes, seconded by
OMMISSION APPROVED THE REQUEST FOR
A
PROPOSAL FOR TITLE SERVICES IN THE IRPORT
Mr. King and unanimously carried, the
EDA
CONOMIC EVELOPMENT REA AND ACCEPTED
Commission approved the request for
MT
THE PROPOSAL FROM ERIDIAN ITLE FOR THE
proposal for title services in the Airport
.(3408
SCOPE OF SERVICES AND FEE PROPOSED
Economic Development Area and accepted
ASC
RDMORE AND THE UPERCLEAN ARWASH ON
B)
the proposal from Meridian Title for the
ENDIX
scope of services and fee proposed. (3408
Ardmore and the Superclean Carwash on
Bendix)
C
Upon a motion by Mr. King, seconded by
OMMISSION APPROVED THE REQUEST FOR
PROPOSALS FOR APPRAISAL SERVICES IN THE
Mr. Downes and unanimously carried, the
AEDA
IRPORT CONOMIC EVELOPMENT REA AND
Commission approved the request for
JM
ACCEPTED THE PROPOSALS OF ERRY ICHAELS
proposals for appraisal services in the Airport
RL
AND ALPH AUVER FOR THE SCOPE OF
14
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
6. NEW BUSINESS (CONT.)
D. Airport Economic Development Area
(4) continued…
.(3408A
SERVICES AND FEE PROPOSED RDMORE
Economic Development Area and accepted
SCB)
AND THE UPERCLEAN ARWASH ON ENDIX
the proposals of Jerry Michaels and Ralph
Lauver for the scope of services and fee
proposed. (3408 Ardmore and the Superclean
Carwash on Bendix)
(5) Commission approval requested for
renegotiated lease for golf cart GPS
systems for Blackthorn Golf Course.
Mr. Witwer noted that Rick Reid, General
Manager at Blackthorn Golf Course has
renegotiated the lease with Prolink for GPS
equipment for the golf carts. The new lease
is for a six-year term and will save over
$15,000 per year. The new lease includes
mapping of the course and two new
equipment swaps over the life of the lease.
Staff recommends approval.
C
Upon a motion by Mr. Downes, seconded by
OMMISSION APPROVED THE RENEGOTIATED
GPS
LEASE FOR GOLF CART SYTEMS FOR
Mr. Blake and unanimously carried, the
BGC
LACKTHORN OLF OURSE
Commission approved the renegotiated lease
for golf cart GPS sytems for Blackthorn Golf
Course.
E. West Washington-Chapin Development Area
There was no business in the West Washington-
Chapin Development Area.
F. South Side Development Area
There was no business in the South Side
Development Area.
15
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
6. NEW BUSINESS (CONT.)
G. Northeast Neighborhood Development Area
There was no business in the Northeast
Neighborhood Development Area.
H. Douglas Road Economic Development Area
There was no business in the Douglas Road
Economic Development Area.
I. Other
(1) Commission approval requested for
Resolution No. 2430 setting procedures for
contracts for title services.
Mr. Leone noted that several commissioners
asked for procedures that would allow the
Commission to delegate to staff the
contracting for routine services without
waiting for Commission approval.
Resolution No. 2430 is a form of resolution
that outlines a number of factors that legal
counsel feels should be included. He asked
for any concerns the Commission sees that
still need to be addressed, as well as dollar
limits or other constraints the Commission
wants to use. The resolution includes a draft
Exhibit A that would be the type of reporting
that would come back to the Commission so
that ratification could be done as part of the
agenda providing the Commission with a full
report of the services staff has engaged.
Mr. Peczkowski was worried about point 2
where it said “all title contracts originated by
staff must be related to property “which the
Commission has expressed an interest in
acquiring.” He felt that phrase was too
“open.” He was afraid of putting so much
16
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
6. NEW BUSINESS (CONT.)
I. Other
(1) continued…
money into a project on the front end that we
feel compelled to go ahead with it. Mr.
Leone responded that that language is taken
directly from State Statute and is intended to
be “limiting language” in the sense that the
Commission can’t spend money on anything
other than property it has expressed an
interest in.
Mr. Peczkowski asked if “expressed an
interest in” must be in writing, or simply in
an informal discussion. Mr. Leone
responded that the Commission can limit that
in any way it feels comfortable.
Mr. Inks noted that staff will be very
conservative about application of that phrase.
He has no interest in bringing a list of
contracts to the Commission to be ratified
only to find out there is dissatisfaction with
the transaction.
Mr. Peczkowski asked about the form of the
Commission’s approval of contracts. Will
the Commission see the list of contracts the
staff has engaged? Will it have to approve
the list all or nothing? Mr. Leone responded
that the entire list will appear as an agenda
item at the Commission meeting following
staff engagement of a vendor; technically, the
Commission has the right to not ratify any
portion of the list. However, services may
already have been performed. If the
Commission gives the staff authority to act
on its behalf and the staff acts, the
Commission would be in a difficult legal
17
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
6. NEW BUSINESS (CONT.)
I. Other
(1) continued…
position if it did not ratify those actions.
Mr. Downes asked, since Resolution
No. 2430 lists the approved vendors, what is
the process for new service providers to get
on the Commission’s approved list. Mr.
Leone responded that we could either write
the resolution more broadly or approve a new
resolution each year with an updated list of
vendors. Mr. King suggested the resolution
say vendors must be on the list of approved
vendors; then staff could have a process for
expanding the list.
Mr. Leone asked for the Commissioners’
preferences as to the maximum amounts the
staff is authorized to engage without prior
Commission approval. Commissioners asked
staff to research common costs and make a
recommendation to the Commission at its
next meeting.
CR
Upon a motion by Mr. King, seconded by
OMMISSION TABLED ESOLUTION
N. 2430
OAND REFERRED TO LEGAL COUNSEL
Mr. Downes and unanimously carried, the
THE DEVELOPMENT OF SPECIFIC RESOLUTIONS
Commission tabled Resolution No. 2430 and
TO GRANT AUTHORITY TO STAFF TO CONTRACT
referred to legal counsel the development of
,,
ON ITS BEHALF FOR TITLE WORK SURVEY WORK
specific resolutions to grant authority to staff
,PI
APPRAISAL WORK AND HASE
to contract on its behalf for title work, survey
ENVIRONMENTAL WORK AND TO AUTHORIZE USE
C.S
OF OMMISSION OWNED PROPERTY TAFF WILL
work, appraisal work, and Phase I
RESEARCH THE AVERAGE AMOUNTS PAID FOR
environmental work and to authorize use of
.
SUCH WORK
Commission owned property. Staff will
research the average amounts paid for such
work.
18
South Bend Redevelopment Commission
Regular Meeting –January 18, 2008
7. PROGRESS REPORTS
PR
Mr. Leone noted that Shawn Peterson, who worked on
ROGRESS EPORTS
Commission business, left the city’s employ on
January 4. The Legal Department is looking for a
replacement, but in the meantime would like to use
outside counsel with experience in real estate
transactional work: David Mirkin and Mitchell
Heppenheimer have agreed to work for a fee of $200/hr.
He asked for Commission authorization to secure
outside counsel at this rate.
C
Upon a motion by Mr. Downes, seconded by Mr. King
OMMISSION AUTHORIZED USE OF OUTSIDE
RC
COUNSEL FOR EDEVELOPMENT OMMISSION
and unanimously carried, the Commission authorized
$200/.
WORK AT THE RATE OF HR
use of outside counsel for Redevelopment Commission
work at the rate of $200/hr.
Mr. King asked for a progress report at the February 1
meeting on the Studebaker Parts building status. It had
had some problems with fire suppression system. Mr.
Inks said that would be provided at a February meeting.
8. NEXT COMMISSION MEETING
NCM
The next meeting of the Redevelopment Commission is
EXT OMMISSION EETING
scheduled for Friday, February 1, 2008 at 10:00 a.m.
9. ADJOURNMENT
A
There being no further business to come before the
DJOURNMENT
Redevelopment Commission, Mr. Downes made a
motion that the meeting be adjourned. Mr. Blake
seconded the motion and the meeting was adjourned at
10:52 a.m.
19