HomeMy WebLinkAbout03-14-08 Redevelopment Commission MinutesSOUTH BEND REDEVELOPMENT COMMISSION
REGULAR MEETING
March 14, 2008
10:00 a.m.
Presiding: Marcia I. Jones, President
1. ROLL CALL
Members Present:
Members Absent:
Legal Counsel:
227 West Jefferson Boulevard
South Bend, Indiana
Ms. Marcia Jones, President
Mr. Greg Downes, Secretary
Mr. Hardie Blake, Jr.
Mr. Ken Peczkowski
Mr. Karl King, Vice President
Mr. Lawrence Meteiver, Esq.
Redevelopment Staf£ Mr. Don Inks, Director
Mrs . Cheryl Phipps, Recording Secretary
Mr. Bill Schalliol, Economic Development Specialist
Mr. Nicholas Witwer, Economic Development Specialist
Ms. Debrah Jennings, Project Manager
Others Present: Mayor Stephen J. Luecke
Mr. Tom Price, Mayor's Office
Mr. Patrick McMahon, Project Future
Mr. Dave Brenner, Notre Dame
Ms. Jamie Loo, South Bend Tribune
Ms. Rita Kopala
Ms. GlendaRae Hernandez
Ms. Allison Sell, Baker & Daniels
Mr. John Rappelli
2. APPROVAL OF MINUTES
A. Approval of Minutes of the Regular Meeting of
Friday, February 29, 2008.
Upon a motion by Mr. Downes, seconded by Mr. COMMISSION arrxovED TxE MINUTES of TxE
King and unanimously carried, the Commission REGUEax MEETING of FRIDAY, FEBRUARY 29,
approved the Minutes of the Regular Meeting of 2008
Friday, February 29, 2008.
South Bend Redevelopment Commission
Regular Meeting -March 14, 2008
3. APPROVAL OF CLAIMS
Redevelopment Commission Claims submitted March 14, 2008 for approval.
Sopko, Nussbaum, Inabnit &Kaczmarek
The Troyer Group
420 FUND TIF DISTRICT-SBCDA GENERAL
Ampco System Parking
Downtown South Bend Inc.
Sopko, Nussbaum, Inabnit &Kaczmarek
Indiana Michigan Power
CB Richard
Rose Pest Solutions
Grauvogel & Associates
422 FUND WEST WASHINGTON
Sopko, Nussbaum, Inabnit &Kaczmarek
433 FUND REDEVELOPMENT ADMIN GENERAL
Baker & Daniels LLP
Total
Mr. Peczkowski asked if the DTSB claim was one
fourth of the standard contract. Mr. Inks responded that
it is payment for both the January and February billings.
Mr. Peczkowski asked to receive a breakdown of what
is spent for administrative costs and what is paid to
people who actually do the work. Mr. Inks indicated he
would provide Mr. Peczkowski with the only detail that
we have, a copy of the claims presented. DTSB is not
required to provide more detail to us than that.
Upon a motion by Mr. Downes, seconded by Mr. Blake
and unanimously carried, the Commission approved the
Claims submitted March 14, 2008, and ordered checks
to be released.
4. COMMUNICATIONS
There were no Communications.
630.00
4,466.15
5,688.72
31,757.82
2,373.75
279.86
37.24
90.00
2,590.00
112.50
4,219.66
52,245.70
COMMISSION APPROVED THE CLAIMS
SUBMITTED MARCH 14, 2008, AND ORDERED
THE CHECKS TO BE RELEASED
THERE WERE NO COMMUNICATIONS
2
South Bend Redevelopment Commission
Regular Meeting -March 14, 2008
5. OLD BUSINESS
There was no Old Business.
6. NEW BUSINESS
Mr. Inks asked that Item 6.H.(3) be moved to the top of
New Business. There was no objection and the item
was so moved.
H. Other
(3) Commission approval requested to submit
Certified Technology Park application to
Indiana Economic Development
Corporation. (IEDC)
Mayor Luecke said the City of South Bend is
excited at the opportunity to submit an
application in partnership with the University
of Notre Dame to the State of Indiana. The
state created a Certified Technology Park
program a number of years ago, and South
Bend has been working diligently with
Project Future and the University of Notre
Dame to bring forward a proposal that will
benefit all parties. It builds on Notre Dame's
commitment to research and the intellectual
property on that campus, and the Indiana
University School of Medicine immediately
south of Notre Dame.
The initial area of the park was to be about
fourteen acres. But the point of the program
offered by the state is to bring ideas to
commercialization. To that end the city's
proposal includes an additional area in the
Studebaker Industrial Park dedicated to
development proceeding from the research
campus. The city has been clearing land in
the Studebaker Corridor for a number of
years. That land will be ready for
THERE WAS NO OLD BUSINESS
South Bend Redevelopment Commission
Regular Meeting -March 14, 2008
6. NEW BUSINESS (CONT.)
H. Other
(3) continued...
development in the next couple of years. As
companies outgrow the space at Innovation
Park we would encourage them to move to
Studebaker Industrial Park, bringing new
jobs and investment to the area.
Mr. McMahon noted that he has been
communicating with the governor and IEDC
for months about the city's application. They
are expecting the application and are in
agreement with the proposal we plan to
submit. The application itself talks about the
fact that the City of South Bend and the
University of Notre Dame are interested in
pursuing the technology park program
established by the State of Indiana. The
application requires mention of a specific
company that would benefit. The company
South Bend is using is EmNet which
prototypes new technology. A brief outline
of its activity is included in the application.
In addition, there are some maps and surveys,
including two aerial views of the two non-
contiguous locations of the park. One is of
the area immediately south of Edison Road;
the other one is the Studebaker Industrial
Park where the city is expecting to complete
acquisition and clearance over the next two
years. It is the city's anticipation that
businesses that are incubated in the
technology park near Edison Road will open
operations elsewhere in the city, particularly
in the Studebaker Industrial Park. This is
different than other applications the state has
seen in that there are two non-contiguous
4
South Bend Redevelopment Commission
Regular Meeting -March 14, 2008
6. NEW BUSINESS (CONT.)
H. Other
(3) continued...
areas. We've discussed this with the state
which has said they are receptive to that.
They understand the reason for it. Other
technology parks in Indiana are two and three
hundred acre parks which allow business to
incubate and then set up a regular business in
the same park. South Bend does not have
that amount of land in the inner city where
the partner universities are.
Mr. McMahon noted that the Campus Site
includes the twelve acres just south of Edison
Road where the soccer fields have been,
wraps with a narrow strip along the face of
Eddy Street Commons, incorporating the
hotel facilities and the office facilities that
are located at the intersection of Edison,
Twyckenham and SR 23, and incorporates
the research and study area that has been
developed with the Indiana University
School of Medicine. Our reasons for
wrapping the boundary of the Campus Site
around to include the area at the intersection
are two: provides us with an integration of
research that's obviously happening on both
pieces (ILT Med School and Notre Dame's
property). It is unique in Indiana for two
universities to be involved in partnering with
the technology park. Secondly, there will be
companies that provide support office
activity, like at any business incubator, such
as law firms, accounting firms, etc. We are
not interested in seeing those companies
locate on the twelve acres. But they can
certainly be housed in the office portions of
the park. That would be a very appropriate
South Bend Redevelopment Commission
Regular Meeting -March 14, 2008
6. NEW BUSINESS (CONT.)
H. Other
(3) continued...
location for them; hence the city is bringing
those buildings into the proposal to the state.
We've also included the hotel portion of
Eddy Street Commons in the application
because virtually all of the first class
technology parks in the country include
quality rooms for conferences, very integral
to the technology park activities. The
governor and IEDC are aware of this part of
our application and understand our
reasoning. There will likely be further
discussion with the state on this issue. The
submittal of the application will give the state
opportunity to review and comment on the
various parts of it.
Mr. Brenner, Executive Director of the
Innovation Park at Notre Dame, addressed
the issue of why now is the time to submit
the application for the Certified Technology
Park. As a strong research university that
aspires to do even more research, the new
word in the industry is "translation." What
are you doing to prove that the public dollars
going to your research are benefiting
someone? The University of Notre Dame
feels that now is the time to take steps to
prove the value of its research.
Ms. Jones asked Mr. McMahon what the
state and the local involvement is in a
Certified Technology Park Mr. McMahon
responded that the State of Indiana decided
several years ago that they wanted to
promote economic development that is
university based in order to create new waves
6
South Bend Redevelopment Commission
Regular Meeting -March 14, 2008
6. NEW BUSINESS (CONT.)
H. Other
(3) continued...
of job creation in the State of Indiana. The
statute that the state has in place does a
couple of things. It forms a network of
entities and encourages collaboration. The
state put in its program an opportunity to
capture tax dollars to channel back to support
the establishment of the park and address
some of the early operating costs of the park.
From those businesses that spin out, the
statute allows the park to capture real and
personal property taxes, as well as payroll
and business taxes that would otherwise go to
the state. The business plan of this park does
not anticipate the capture of the property
taxes because both the Northeast
Neighborhood and Studebaker Corridor taxes
are being used for other purposes within their
TIF districts. State certification will allow
the tech park to capture up to $SM in
incremental sales and business taxes.
Innovation Park, in part, will receive
financial support through businesses now
being developed at Eddy Street Commons.
The tech park also is applying for two $2M
state grants through the IEDC.
Mr. McMahon noted that there is a window
on this opportunity. The state has an end
date on this legislation. As successful as we
expect it to be here, and as successful as it is
in some other locations, Mr. McMahon
expects the state will extend the legislation
when it comes up for review.
South Bend will be one of only three
locations in the state in the current
7
South Bend Redevelopment Commission
Regular Meeting -March 14, 2008
6. NEW BUSINESS (CONT.)
H. Other
(3) continued...
technology park program that have major
research assets in play. Other communities
are working other assets they may have.
That's the primary benefit from the State of
Indiana.
Mr. Downes asked for a timeline of the
approval process. Mr. McMahon responded
that it is about atwo-month process. The
Commission will hold a public hearing on the
proposal in about a month. We expect all of
the state's feedback over the course of the
next month, before the Commission's public
hearing.
Mr. Inks noted that the next big step is a
formal agreement with the IEDC to establish
the Certified Technology Park. This
application gets a serious discussion going,
but all of the details about which property
taxes or sales or income taxes might be
collected, the exact boundaries, all of that
would be agreed with between the state, the
Redevelopment Commission and the Civil
City of South Bend. We can't start the
process of defining the agreement until we
submit an application.
Mr. Peczkowski asked why not include the
Eddy Street Commons parking garage within
the technology park boundaries, if we would
include the hotel? Mr. McMahon responded
that the garage wouldn't be generating any
tax revenue that the park might be able to
take advantage of. Also, it's not closely
enough related to research to please the state.
South Bend Redevelopment Commission
Regular Meeting -March 14, 2008
6. NEW BUSINESS (CONT.)
H. Other
(3) continued...
Mr. Peczkowski asked if the revenue the
technology park would get from the hotel
would take revenue away from the TIF area.
Mr. McMahon responded that it would not,
since the technology park is not going to
receive property taxes.
Mr. Peczkowski asked for confirmation of
what he understood to be the case: that
businesses from the research park would not
be compelled to settle in the Studebaker
Industrial Park, but that we would hope they
would. Mr. McMahon agreed, but said the
city and university would encourage
outgrowth development in Studebaker. And,
timing of the industrial park's completion
dovetails nicely with the research park's
need. It really should be a great fit.
Mr. Peczkowski asked if Studebaker
Industrial Park would be reserved only for
outgrowth companies from the research park.
Mr. McMahon responded that he would like
to see the city reserve it. The benefits will be
greater if they do. It will open up
possibilities for housing and retail downtown
from all sorts of support activities in the
immediate area. The application does not
include any fixed requirement that the city
reserve it solely for research outgrowth
companies, but he hopes they will.
Mayor Luecke also added that if the
Studebaker Industrial Park was the city's
only industrial park, there might be cause for
concern about that. But there is land in both
9
South Bend Redevelopment Commission
Regular Meeting -March 14, 2008
6. NEW BUSINESS (CONT.)
H. Other
(3) continued...
the Airport Industrial Park and in the Oliver
Industrial Park.
Mr. Peczkowski asked about the Wake Forest
example. When businesses locate in the
satellite region, who provides the building?
Will the city be the developer for a building
when an outgrowth business wants a
building? Mr. McMahon responded that in
the 100 technology parks studied as
examples, there were a wide variety of
models for that. He recommends
Commissioners visit some of the most
successful technology parks and learn about
the models that worked for them.
Mr. Peczkowski asked if the University of
Notre Dame would be involved with the
companies at that point. Mr. Brenner
responded that the university will not be
building their buildings, but will continue to
offer support services to the companies as
needed.
Mr. Downes congratulated the university,
Project Future and the city for having the
vision to partner with the state to get this
done. He believes it's the dawning of an
exciting new age in South Bend.
Upon a motion by Mr. Downes, seconded by
Mr. Peczkowski and unanimously carried,
the Commission authorized submission of the
Certified Technology Park application to the
Indiana Economic Development Corporation.
COMMISSION AUTHORIZED SUBMISSION OF THE
CERTIFIED TECHNOLOGY PARK APPLICATION TO
THE INDIANA ECONOMIC DEVELOPMENT
CORPORATION
10
South Bend Redevelopment Commission
Regular Meeting -March 14, 2008
6. NEW BUSINESS (CONT.)
A. South Bend Central Development Area
There was no business in the South Bend Central
Development Area.
B. Airport Economic Development Area
(1) Commission ratification requested of
Agreement between City of South Bend
and Holladay Properties related to
Property at 51270 Mayflower Rd. (Portage
Prairie project)
Mr. Inks noted that legal counsel has advised
that the letter referred to in the agenda item
as an Agreement should really be referred to
as a Letter of Intent.
Mr. Witwer noted that the Mayor signed a
Letter of Intent with Holladay Properties for
the purchase of the Sheehan property at
51270 Mayflower, which is needed for the
Auten Road connector. The Auten Road
connector will serve as one of the main
pieces of infrastructure to Portage Prairie and
will support the growth of that expected $300
million mixed use development. The
Sheehan property is not currently in the city
limits, nor in the Airport Economic
Development Area, but the Sheehans want to
relocate and sell that property now. In order
to gain control of the property for the city's
future use, Holladay Properties was willing
to purchase it from the Sheehans and hold it
until the city has annexed it. In the Letter of
Intent, Mayor Luecke has promised to
purchase the property from Holladay after
annexation for the actual purchase price, not
to exceed $300,000. Ratification is needed
by the Redevelopment Commission.
11
South Bend Redevelopment Commission
Regular Meeting -March 14, 2008
6. NEW BUSINESS (CONT.)
B. Airport Economic Development Area
(1) continued...
Mr. Witwer noted that Holladay Properties
has already closed on the Sheehan property
with a purchase price of $282,500. The
Commission will pay that price plus closing
costs, not to exceed $300,000.
Mr. Peczkowski asked why we are using
Holladay Properties as a middle man to
achieve purchase of the property. Mr.
Witwer responded that the Commission
cannot purchase property until it is within the
city limits and within one of its development
areas. That process is expected to take
several years. The Sheehans are ready to sell
now.
Upon a motion by Mr. Downes, seconded by
Mr. Blake and unanimously carried, the
Commission ratified the Letter of Intent with
Holladay Properties related to Property at
51270 Mayflower Rd. (Portage Prairie
project)
(2) Commission approval requested for
Resolution No. 2344 accepting the transfer
of property from the City of South Bend
Board of Public Works. (Originally AEP
property)
Mr. Schalliol noted that AEP erroneously
transferred a piece of property to the City of
South Bend that should have been transferred
to the Redevelopment Commission. The
Board of Public Works accepted the transfer
and has by resolution transferred it to the
Commission. The Commission intends to
COMMISSION RATIFIED THE LETTER OF INTENT
WITH HOLLADAY PROPERTIES RELATED TO
PROPERTY AT 51270 MAYFLOWER RD.
(PORTAGE PRAIRIE PROJECT
12
South Bend Redevelopment Commission
Regular Meeting -March 14, 2008
6. NEW BUSINESS (CONT.)
B. Airport Economic Development Area
(2) continued...
replat the property and sell it as part of a
technology based operation down the road.
Upon a motion by Mr. Downes, seconded by
Mr. Peczkowski and unanimously carried,
the Commission approved Resolution
No. 2344 accepting the transfer of property
from the City of South Bend Board of Public
Works. (Originally AEP property)
(3) Commission approval requested for
proposal for professional services in the
Airport Economic Development Area.
(Engineering, Storm Water Retention
Ameritech Drive)
Mr. Witwer noted that staff requested a
proposal for drainage area calculations for a
lot on Ameritech Drive. Staff has recently
received inquiries from three separate parties
interested in purchasing the lot. The lot
serves as storm water retention for Ameritech
Drive and future expansion for Ameritech
Drive. The study will be done to determine
if the retention area needed will leave a
developable site. Abonmarche has submitted
a proposal to complete the work for $4,600.
Staff recommends approval.
Upon a motion by Mr. Downes, seconded by
Mr. Blake and unanimously carried, the
Commission approved the request for
proposal for drainage area calculations for a
lot on Ameritech Drive and accepted the
proposal from Abonmarch for the scope of
services and fee proposed.
COMMISSION APPROVED RESOLUTION NO. 2344
ACCEPTING THE TRANSFER OF PROPERTY FROM
THE CITY OF SOUTH BEND BOARD OF PUBLIC
WORKS. (ORIGINALLY AEP PROPERTY
COMMISSION APPROVED THE REQUEST FOR
PROPOSAL FOR DRAINAGE AREA CALCULATIONS
FOR A LOT ON AMERITECH DRIVE AND
ACCEPTED THE PROPOSAL FROM ABONMARCH
FOR THE SCOPE OF SERVICES AND FEE PROPOSED
13
South Bend Redevelopment Commission
Regular Meeting -March 14, 2008
6. NEW BUSINESS (CONT.)
C. West Washington-Chapin Development Area
There was no business in the West Washington-
Chapin Development Area.
D. South Side Development Area
There was no business in the South Side
Development Area.
E. Northeast Neighborhood Development Area
(1) Commission approval requested for
Resolution No. 2343 approving the
execution of an Addendum to the Lease
between the South Bend Redevelopment
Authority and the South Bend
Redevelopment Commission for the Eddy
Street Commons project.
Mr. Inks noted that Resolution No. 2343 is
related to the bond issue for Eddy Street
Commons. The Commission previously
approved the Lease with an interest rate set
high, at 8%, anticipating the rate and
resulting lease payments to be reduced when
the bonds were actually sold.
Ms. Sell, Baker & Daniels, noted that the
Addendum to Lease adjusts the lease
payment schedule to reflect the sale price of
the bond. The actual interest rate is 5.4%
Mr. Inks noted that the original lease
payments approved were $1,800,00 annually.
The Addendum sets them at $1,400,000, a
savings of $400,000 annually.
14
South Bend Redevelopment Commission
Regular Meeting -March 14, 2008
6. NEW BUSINESS (CONT.)
E. Northeast Neighborhood Development Area
(1) continued...
Upon a motion by Mr. Downes, seconded by
Mr. Blake and unanimously carried, the
Commission approved Resolution No. 2343
approving the execution of an Addendum to
the Lease between the South Bend
Redevelopment Authority and the South
Bend Redevelopment Commission for the
Eddy Street Commons project.
F. Douglas Road Economic Development Area
There was no business in the Douglas Road
Economic Development Area.
G. Ratification of Service Contracts
Mr. Inks noted that the contracts entered into the
past two weeks were with Wightman Petrie for
Phase I environmental site assessments for
properties on Western Ave. related to Coveleski
Park.
COMMISSION APPROVED RESOLUTION NO. 2343
APPROVING THE EXECUTION OF AN ADDENDUM
TO THE LEASE BETWEEN THE SOUTH BEND
REDEVELOPMENT AUTHORITY AND THE SOUTH
BEND REDEVELOPMENT COMMISSION FOR THE
EDDY STREET COMMONS PROJECT
Property Description Commission
Role in
Transaction
Contractor
Service Provided
Contract
Amount
Staff
Member
502 W. Western Acquisition Wightman Petrie Phase 1 ESA $1,800.00 Schalliol
416 W. Western Acquisition Wightman Petrie Phase 1 ESA $1,800.00 Schalliol
TOTAL $3,600.00
Upon a motion by Mr. Downes, seconded by Mr.
Blake and unanimously carried, the Commission
ratified the service contracts submitted March 14,
2008.
Commission ratified the service
contracts submitted March 14, 2008
15
South Bend Redevelopment Commission
Regular Meeting -March 14, 2008
6. NEW BUSINESS (CONT.)
H. Other
(1) Filing of Resolution No. 2442
appropriating monies from the
Redevelopment General Fund (Fund 433)
for the purpose of paying for certain
expenses incurred by the Redevelopment
Commission and setting a public hearing
on Resolution No. 2442 for 10:00 a.m.,
April 18, 2008.
Mr. Inks noted that the appropriated funds
would be used for legal expenses. The
Commission passed a similar resolution in
2007 for allocating approximately $30,000.
That money was not all used; some was
carried forward to 2008. Therefore,
Resolution No. 2442 only appropriates
$15,000. The money left over from 2007 and
the $15,000 appropriated in Resolution
No. 2442 should be ample for legal expenses
in 2008.
Upon a motion by Mr. Downes, seconded by
Mr. Blake and unanimously carried, the
Commission accepted for filing Resolution
No. 2442 appropriating monies from the
Redevelopment General Fund (Fund 433) for
the purpose of paying for certain expenses
incurred by the Redevelopment Commission
and setting a public hearing on Resolution
No. 2442 for 10:00 a.m., April 18, 2008.
(2) Commission authorization requested for
Director of Redevelopment to sign
subdivision plats for various subdivisions.
Mr. Schalliol noted that over the last several
months the Commission has authorized
survey services for several subdivision
COMMISSION ACCEPTED FOR FILING
RESOLUTION NO. 2442 APPROPRIATING MONIES
FROM THE REDEVELOPMENT GENERAL FUND
(FUND 433) FOR THE PURPOSE OF PAYING FOR
CERTAIN EXPENSES INCURRED BY THE
REDEVELOPMENT COMMISSION AND SETTING A
PUBLIC HEARING ON RESOLUTION NO. 2442 FOR
10:00 A.M., APRIL 18, 2008
16
South Bend Redevelopment Commission
Regular Meeting -March 14, 2008
6. NEW BUSINESS (CONT.)
H. Other
(2) continued...
replats: Champion Drive Minor Subdivision,
Champion Drive Major Subdivision, Eckler-
Lahey Subdivision and Ireland Road Major
Subdivision. These replats are being
considered by the Area Plan Commission and
will need to be signed over the next several
weeks. It will move the projects along if
Don Inks is authorized to sign the replats
when they are approved by Area Plan.
Upon a motion by Mr. Downes, seconded by
Mr. Blake and unanimously carried, the
Commission authorized the Director of
Redevelopment to sign the specified
subdivision plats.
7. PROGRESS REPORTS
There was no report.
8. NEXT COMMISSION MEETING
The next meeting of the Redevelopment Commission is
scheduled for Friday, March 28, 2008 at 10:00 a.m.
9. ADJOURNMENT
There being no further business to come before the
Redevelopment Commission, Mr. Downes made a
motion that the meeting be adjourned. Mr. Blake
seconded the motion and the meeting was adjourned at
10:47 a.m.
~~ ..
- ~a1~'E ;;ilis~ ~ .. .. .
COMMISSION AUTHORIZED THE DIRECTOR OF
REDEVELOPMENT TO SIGN THE SPECIFIED
SUBDIVISION PLATS
PROGRESS REPORTS
NEXT COMMISSION MEETING
ADJOURNMENT
~I~ii~g;. . P :s ~ ~ ~..
17