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HomeMy WebLinkAboutSM 08-12-77SOUTH BEND REDEVELOPMENT COMMISSION SPECIAL MEETING Augus 12, 1977 1200 County -City Building 11:30 A.M. EST 217 West Jefferson Blvd. Presi ing Officer: F. Jay Nimtz, President South Bend, Indiana 46601 1. Tie South Bend Redevelopment Commission, governing body of the City of S uth Bend, Department of Redevelopment, met in a SPECIAL MEETING at Room 1200, County -City Building, 227 West Jefferson Boulevard, in the C ty.of South Bend, Indiana, at the place, hour, and date duly established f r the holding of such meeting. 2. Ca ce co e President called the meeting to order and the following members re present: F. Jay Nimtz Donald A. Wiggins A. Peter Donaldson Lloyd E. Robinson e President declared a quorum present. e following were also present at this meeting: Legal Counsel: Kevin J. Butler Edward Chapleau Guests: Jeanne Derbeck, Tribune Reporter Lee Ann Chelminiak, WNDU eporter Mary Chris Adams, Common Council Karen Gleason, Civic Planning Association Larry Ford, WSJV -TV Reporter Marvin Carter, WSJV -TV Photographer LPA Staff: C. Wayne Brownell Marc Brammer Christine L. Trippel Jane A. Zimmerman Iled upon by Mr. Nimtz, Mr. Butler placed into the minutes of this ?ting the properly executed and confirmed notice of special meeting, °tificate of service of such, and waiver of regular notice of, and isent to special meeting as follows: South Bend Redevelopment Commission Speci 1 Meeting Augus 12, 1977 2. (continued) NOTICE OF SPECIAL MEETING Notice is hereby given that a special meeting of the South Bend Redevelopment Commission, governing body of the City of South Bend, Department of Redevelopment, will be held at Room 1200, County -City Building, 227 West Jefferson Boulevard, in the City of South Bend, Indiana at 11:30 EST on August 12, 1977 for the following purpose: F r the purpose of hearing a report compiled by the legal counsel a d staff on the proposal of the Century Center Mall and for action o said report. Dated August 9, 1977 A. Peter Donaldson, Secretary (Seal CERTIFICATE OF SERVICE OF NOTICE I A. Peter Donaldson, the duly appointed, qualified and acting S cretary of the South Bend Redevelopment Commission DO HEREBY CERTIFY T AT, on August 9, 1977 I served a true copy of the foregoing Notice o Special Meeting on each and every officer and commissioner of the S uth Bend Redevelopment Commission, governing body of the South Bend D partment of Redevelopment in the manner provided in the By- .Laws. Witness my hand on August 9, 1977 (Seal 2 74�1 A. Peter Donaldson, Secretary South Bi Special August ,nd Redevelopment Commission Meeting 2, 1977 2. (Co6tinued) WAIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING We, the undersigned officers and commissioners of the South Bend Redevelop - men Commission, do hereby accept service of the NOTICE OF SPECIAL MEETING wai ing any and all irregularities in such Notice and Consent, and agree tha the said Special Meeting of said South Bend Redevelopment Commission sha 1 meet at the time and place named in such Notice, and for the Dur ores stated therein. 3. Mr. a p and if pro /S/ Robert J. Cira, Assistant Secretary --7 -> - Lloyd E."'Robinson, Sr. Member Brownell stated that the purpose of this meeting is to hear a report i the legal counsel and staff on the Century Center proposal that was trt of our last regular meeting of the commission. Mr. Butler is here a resolution has been prepared for your consideration and plan changes t is decided that the commission wishes to go ahead and react to the iosal for a Century Center Mall in downtown South Bend. Mr. Butler was called upon to make the following legal report of the pro edure to be followed in order to accomplish the objectives of the Century Center Mall proposal submitted last week. 'Resolution 540 as prepared provides for an amendment to the Urban Renewal Plan which is required if the Commission wishes to proceed with the outlined proposal submitted last week by the investor group. The charges to the Urban Renewal plan affect Area C which encompasses the Blo k containing the "hole ", the Block to the west of the "hole ", the Odd Fellows Building Block, and the Sherland Building Block. The Urban Ren wal Plan is being amended to provide for facilities including hotel and motel which will support the Civic Center development in Area D and 3 South 3end Redevelopment Commission Special Meeting August 12, 1977 3. (c ntinued) al bu el 54 pr pr ar St Pa 1i 01 fo If wi re to (i up, pre Fo' the col di! pry any af- ar on f o' of th >o provide for the parking garage facility on the lots where the company and Odd Fellows building are located, and also for an ?vated mini -mall, across to the Civic Center. Finally, Resolution ) amends the acquisition tabulations to include the additional )perty that we will have to acquire in order to proceed with the )ject. Everything that is not currently owned in the two block ?a circumscribed in the area by Washington, Main, Jefferson and Joseph Streets, excepting the Sherland Building and the existing king Garage will be acquired. We have added to the acquisition A, the Wyman parcel, the old American Bank Building, and the old ver'Theatre Building. This Resolution is initial approval providing the indicated plan changes if the commission adopts this resolution, approved, this will appear on the August 16 agenda of the Area Plan emission, the August 29 agenda for the Common Council and also for ►roval by MACOG, to a required public hearing after which the emission will approve a confirming resolution. The public hearing 1 be held on September 16, the delay due to the publication Iuirements for public hearing. The Plan Changes will be submitted HUD for their concurrence (if a major change) or proclaimer a minor change) after which the next steps will be to provide fated acquisition tabulations and relocation appraisals for the ►perties involved for the various holders of interest and tenants. lowing receipt of the appraisals negotiations will be started with owners and tenants and acquisition will be by conveyance or idemnation. After acquiring the properties we would obtain our position bid for that two block area, including the properties we !viously own and submit for disposition and provide for the demolition I site clearance and anticipate that some of this would be accomplished ;er the actual bids for disposition have been received and acted upon.' Nimtz suggested that a time schedule be set up for all necessary steps this proposal for which Mr. Brownell outlined for the commission in the lowing staff report: "We have a proposal for a mall project in Indiana R -66 in South Bend, liana. The developer, Mr. Al Candler, has approximately forty signed letters interest or intent from propective tenants, a sufficient number to carry Century Mall on a one story basis. 4 South Speci Aug us Bend Redevelopment Commission A Meeting 12, 1977 . 3. (�ontinued) Mr. Candler has been a successful mall - developer. He d veloped North Village Mall, north on U.S. 31, which is a s ccessful development with approximately forty tenants. The investors are men of financial means and responsible itions in the business community of South Bend. The eight investors are: E. C. Muia - President, Muia Construction Company Dean C. Adair - President, South Bend Federal Savings & Loan Association Wayne Holleman - President, Whitcomb & Keller, Inc. Jerry Hammes - Business executive Paul Hass - Chairman of the Board, Whitcomb & Keller Inca William Steinmetz President, Midland Engineering Thomas Eckrich - Knollwood 21There are three additional investors who are seeking to obtain a % interest in the mall development. We apparently have the tenants and the investors lined up for t is project. Now we need the $2,100,000 to use with local funds to finance this Three Million Dollar project of acquisition, relocation and demolition. We plan to present the plan and a resolution to the Redevelopment Commission on August 12, 1977. We expect to present the outline of the plan to the area office officials of HUD on August 16, 1977. We plan to have a resolution on the agenda of the Common Council .f r their meeting on August 29, 1977. Provided the Council approves, we will have a public hearing after proper notice in accordance with the statute. At said hearing all persons interested in said proceedings will be heard and all other objections and remonstrances will be heard. 5 South B Special August end Redevelopment Commission Meeting 12, 1977 3. (Cohtinued) 4. 5. When all the hearing is completed the Redevelopment Commission will take final action either confirming, modifying and confirming or rescinding the declaratory resolution. We also have the problem of the approval of MACOG and the environmental considerations. Hopefully, by September 30, 1977, we can have the plan ready to e either proclaimed or concurred in by HUD depending on HUD's decision of a Major or Minor change. We hope we can get appraisals and proceed to determine a fair price and begin acquisition without any undue delay. We anticipate acquisition, relocation and demolition could be acc mplished within nine (9) months to a year after approval either by oncurrence or proclaimer. Disposition would take place after reuse appraisals were obtained and bids received and highest and best bid accepted." Ms. Derbeck questioned whether it.was possible to accept bids before land was acquired and cleared. Mr. Brownell replied that bidding before land was acquired was not possible, and Mr. Butler stated that our legal opinion is that it is not possible. Mr. Brownell stated that it is possible to accept bids after land is acquired but not cleared and Mr. Butler concurred this was possible, as this was done previously. Mr. Wiggins stated that action by the Commission today puts the next ci desion in HUD's hands for action on Tuesday, August 16, 1977. Mr.4uld mtz added that this Staff and legal counsel report indicates that we proceed and approve Resolution 540. Res lution 540 as presented and discussed, and considered to and by the Commission was moved adopted by A. Peter Donaldson, seconded by Mr. Wiggins upon roll call the "Ayes" and "Nays" were as follows: YES NAYS F. Jay Nimtz None Donald A. Wiggins A. 3eter Donaldson Llo d E. Robinson South E Specia' August 5. (C( end Redevelopment Commission Meeting 12, 1977 inued) Absent rt J. Cira The President thereupon declared said motion unanimously carried and resolution adopted. 6. Mr Brownell clarified with Ms. Chelminiak her questions about the meeting with HUD on Tuesday, August 16, that the meeting was on the matter of the Urgent Needs Funds in the amount of $2,100,000 for the ma 1 project and that HUD needs to approve this plan but cannot do so un ess the plan is approved locally. 7. Mr. Butler replied to Ms. Derbeck that Resolution 540 is the third amendatory resolution to the basic declaratory that was adopted in 1967 by the Commission along with all of the other needed approvals such as Area Plan , Common Council, and a confirming resolution by the Commission and then approval by HUD. We have amended the Urban Re ewal Plan in 1973, again in 1976, and are now amending in 1977. Basically, the initial resolutions in each case have been identical in lariguage but the difference is in the amendments to the Urban Renewal Plan, Document R 213, our plan changes, amending pages 13, 14, and al o the land acquisition tabulations of three pages. 8. Ka Ma bu so of it sty to Boi un, we 101 pr- na, oui by in in- en Gleason, executive director of the Civic Planning Association and y Chris Adams, Councilwoman, expressed their concerns about the lding of a new parking garage as part of the mall plan, the need for e flexibility in the plan, further loss of the tax base as a result the redevelopment process, and the fear that the city will not protect elf against a possible failure of the mall to develop. Mr. Wiggins Mr. Robinson expressed their opinions to Ms. Gleason and Ms. Adams ting that these arguments are the same arguments that we listened years ago when we first started the redevelopment of the downtown. h commissioners expressed that the mini mall project is one of queness, that the downtown is the pride of any community and that will not let our inner core rot. The development proposal is one by al businessmen with reputations at stake and these men have an obvious de in our community to want to take on a project such as this is in ure. As far as the feasibility of the increase in parking facilities, Century Center will be the basis for much of the increase in traffic, conventions, theatre, civic events. Mr. Wiggins added that the tax base the downtown has not decreased that it has in fact tripled since our tial redevelopment efforts. CERTIFICATE OF RECORDING OFFICER THE UNDORSIGNED hereby certifies that: He is the duly qualified and acting Secretary of the City of South B nd Redevelopment Commission (hereinafter called "Governing Body "), the governing body of the City of South Bend Department of Redevel pment (hereinafter called "Local Public Agency ") and the custodi n of the records of the Governing Body, including the minutes of its �roceedings; and is duly authorized to execute this certificate. ttached hereto is a true and exact copy of a Resolution, Resolution No. 540, including the WHEREAS clauses, adopted at a meeting of the overning Body held on the 12th day of August, 1977. aid Resolution has been duly recorded in the minutes of said meeting and is now in full force and effect. accorda the ext of said Body wa number the ado under a adoptio law, ha WITNESS August, (SEAL) aid meeting was duly convened and held in all respects in ce with law and the by -laws of the Local Public Agency. To nt required by law and said by- laws, due and proper notice meeting was given. A legal quorum of members of the Governing present throughout said meeting, and a legally sufficient f members of the Governing Body voted in the proper manner for tion of said Resolution. All other requirements and proceedings plicable law, said by -laws, or otherwise, incident to the proper of said Resolution, including any publication, if required by e been duly fulfilled, carried out, and otherwise observed. my hand and seal of the Local Public Agency, this 15th day of 1977. Secretary City of South Bend Redevelopment Commission 1AIVER OF REGULAR NOTICE OF AND CONSENT TO SPECIAL MEETING We the undersigned officers and commissioners of the South Bend Redevelopment Commission, do hereby accept service of the NOTICE OF SPECIAL MEETING waiving any and all irregularities in such Notice and Consent, and agree that the said Special Meeting of said South Bend Re evelopment Commission shall meet at the time and place named in such No ice, and for the purposes stated therein. 7 Jaimtz, President Do: ald A. Wiggins, Vicyvresident A. Peter onaldso ry Robert J. Cira, Assistant Secretary Lloyd E. Robinson, Sr. Member r Red Jef on NOTICE OF SPECIAL MEETING NOTICE OF SPECIAL MEETING TO THE OFFICERS AND COMMISSIONERS OF THE SOUTH BEND REDEVELOPMENT COMMISSION, GOVERNING BODY OF THE CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT. ice is hereby given that a special meeting of the South Bend Redevelopment oission, governing body of the City of South Bend, Department of ?velopment, will be held at Room 1200, County -City Building, 227 West =erson Boulevard, in the City of South Bend, Indiana at 11:30 a.m. EST kugust 12, 1977 for the following purpose: For the purpose of hearing a report compiled by the legal counsel and sta f on the proposal of the Century Center Mall and for action on said report. Dated August 9, 1977 A. Peter Donaldsorf, Secretary CERTIFICATE OF SERVICE OF NOTICE I, . Peter Donaldson, the duly appointed, qualified and acting Secretary of the South Bend Redevelopment Commission DO HEREBY CERTIFY THAT, on August 9, 1977 I served a true copy of the foregoing Notice of Special Meeting on each and every officer and commissioner of the South Bend Redevelopment Commission, governing body of the South Bend Department of Redevelopment in the manner provided in the By- aws. Wi Less my hand on August 9, 1977. A. Peter Donaldson, Secretary South Specie Augus Bend Redevelopment Commission 1 Meeting 12, 1977 9. T ere being no further business to come before the meeting, M . Nimtz announced that the next regular commission meeting will b August 19, 1977, at 10:00 A.M. EST On Motion by Mr. Robinson, s conded by Mr. Wiggins and carried, the meeting was adjourned at 1 :20 P.M. EST. utive Direc :