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HomeMy WebLinkAbout08-30-12 Redevelopment Commission Minutes SOUTH BEND REDEVELOPMENT COMMISSION REGULAR MEETING August 30, 2012 9:30 a.m. 227 West Jefferson Boulevard Presiding: Marcia I. Jones, President South Bend, Indiana 1. ROLL CALL Members Present: Ms. Marcia Jones, President Dr. David Varner, Vice President Mr. Donald Alford Sr., Secretary Mr. Greg Downes Mr. John Stancati Members Absent: Mr. Henry Davis Legal Counsel: Mr. Lawrence Meteiver, Esq. Redevelopment Staff Mr. Don Inks, Director Mrs. Cheryl Phipps, Recording Secretary Mr. Bill Schalliol, Economic Development Specialist Mr. David Relos, Economic Development Specialist Mr. Jitin Kain, Economic Development Specialist Ms. Ann Kolata Senior Economic Development Specialist Others Present: Mr. Scott Ford, Executive Director Ms. Linda Wolfson, Community Forum for Econ Dev Ms. Mo Miller 2. APPROVAL OF MINUTES A. Approval of Minutes of the Regular Meeting of Thursday, August 16, 2012. Upon a motion by Mr. Downes, seconded by Mr. COMMISSION APPROVED THE MINUTES OF THE Alford and unanimously carried, the Commission REGULAR MEETING OF THURSDAY,AUGUST approved the Minutes of the Regular Meeting of 16,2012. Thursday, August 16, 2012. South Bend Redevelopment Commission Regular Meeting—August 30, 2012 3. APPROVAL OF CLAIMS Redevelopment Commission Claims submitted August 30, 2012 for approval. 324 AIRPORT AREA Plew Shadley Racher& Braun LLP 3,495.56 Oliver Plow Works Cost Recovery Browntown Electric Supply Co. 161,208.00 Ignition Pk Voltage Transfer Switchgear MacAllister Machinery Co. 718,936.00 Ignition Pk Diesel Engine Generator Witt Appraisal Services, Inc. 850.00 636 LWE, 518 Rush, 700 Blk South Grauvogel& Associates 275.00 ACM Ignition Pk S 1502 S Kendall Plew Shadley Racher& Braun LLp 6,068.50 Bosch/Honeywell/Union Station/ARG Corp Litigation Grinsfelder Associates Architects 2,072.21 So. Bend Animal Control Shelter Ziolkowski Construction 40,946.90 So. Bend Animal Control Shelter ARC 30.08 Olive Rd Basin DLZ 640.00 Olive Rd Basin DLZ 3,840.00 Olive Corr-Brick to Adams DLZ 1,955.00 Engineering DLZ 6,470.00 Olive Rd/Pine Wightman Petrie 1,400.00 Hamilton Towing 420 FUND TIF DISTRICT-SBCDA GENERAL Michael Appraisal Services 975.00 636 LWE, 518 Rush, 700 Blk South St Jackson Trucking Excavating 5,000.00 Removal of Building & Misc Corner Western& Laf Buxton Identifying Customers 1,750.00 Retail Matching Access & Basic Access CB Richard Ellis 645.09 Management Fee 430 FUND SOUTH SIDE DEVELOPMENT TIF AREA#1 Wiltfon Moving & Storage, Inc 150.00 Premier College of Cosmetology Huys Brothers Moving, Inc 150.00 Premier College of Cosmetology Lawson-Fisher Associates P.C. 865.05 S Main St to Lafayette Blvd Connector Casteel Construction, Inc 37,102.15 High& Hawbaker Site Improvements Frick's Dairy Queen, Inc 9,550.00 Main St./Lafayette Connector Frick Limited Liability Company 8,145.00 Main St./Lafayette Connector Heraeus Kulzer, LLC 20,510.00 Main St./Lafayette Connector Nancy Jo Pinney, Kaylan Kramer& Joe 9,111.00 Main St./Lafayette Connector P. Pinney R&B Car Company, Inc. 8,160.00 Main St./Lafayette Connector Milco Management, Inc. 47,630.00 Main St./Lafayette Connector 2 South Bend Redevelopment Commission Regular Meeting—August 30, 2012 3. APPROVAL OF CLAIMS 435 FUND DOUGLAS ROAD Abonmarche 600.00 SR 23 & Douglas - Added Right Turn Lane 1,097,930.54 Upon a motion by Mr. Downes, seconded by Mr. Alford COMMISSION APPROVED THE CLAIMS and unanimously carried, the Commission approved the SUBMITTED AUGUST 30,2012,AND ORDERED Claims submitted August 30, 2012, and ordered checks THE CHECKS TO BE RELEASED to be released. 4. COMMUNICATIONS There were no Communications. THERE WERE NO COMMUNICATIONS 5. OLD BUSINESS There was no Old Business. THERE WAS NO OLD BUSINESS 6. NEW BUSINESS A. South Bend Central Development Area There was no business in the South Bend Central THERE WAS NO BUSINESS IN THE SOUTH BEND Development Area. CENTRAL DEVELOPMENT AREA. B. Airport Economic Development Area (1) Agreement for License with Data Realty Northern Indiana, LLC. Mr. Kain noted that the License Agreement spells out the work that is to be performed as part of the Commission's obligation to indirectly pay for those facade expenses for Data Realty that could not be bid out by the Board of Public Works. A budget amount of $111,000 for landscaping and asphalt work on the Data Realty property was approved by the Commission at the meeting on August 16, 2012. 3 South Bend Redevelopment Commission Regular Meeting—August 30, 2012 6. NEW BUSINESS (CONT.) B. Airport Economic Development Area (1) continued... Mr. Varner asked when Data Realty will be opened. Mr. Kain stated that their open for business date is October 31, 2012. Upon a motion by Mr. Varner, seconded by COMMISSION APPROVED AGREEMENT FOR Mr. Downes and unanimously carried, the LICENSE WITH DATA REALTY NORTHERN Commission approved Agreement for INDIANA,LLC. License with Data Realty Northern Indiana, LLC. (2) Proposal from Hull & Associates, Inc. for general environmental consulting services. Ms. Kolata noted the proposal from Hull & Associates, Inc. for General Environmental Consulting Services. Hull has provided the city with services for a number of years on an "as needed" basis. The proposal is for a not- to-exceed amount of$45,000 which is estimated to cover the remainder of 2012 and 2013. The primary items paid from this contract are general environmental questions; two big items being worked on are related to negotiations with the State of Indiana for our voluntary remediation program and on-call requirements from our environmental attorneys having to do with our insurance recovery lawsuit. Hull bills us as they spend the time. Staff recommends approval of the proposal. 4 South Bend Redevelopment Commission Regular Meeting—August 30, 2012 6. NEW BUSINESS (CONT.) B. Airport Economic Development Area (2) continued... Upon a motion by Mr. Downes, seconded by COMMISSION APPROVED PROPOSAL FROM HULL Mr. Alford and unanimously carried, the &ASSOCIATES,INC.IN THE NOT-TO-EXCEED Commission approved the proposal from AMOUNT OF$45,000 FOR THE REMAINDER OF 2012 AND 2013 COVERING EXPENSES FOR THE Hull & Associates, Inc. in the not-to-exceed REMAINDER OF 2012 AND INTO 2013. amount of$45,000 covering expenses for the remainder of 2012 and into 2013. (3) Resolution No. 3070 accepting the transfer of real property from the City of South Bend. Mr. Inks noted that Resolution No. 3070, transfers the Bosch site from the City of South Bend to the Redevelopment Commission. The Commission has been working with this property since the project's origins and last year went through the disposition process, getting appraisals, setting an offering price and putting the property up for bid. No bids were received at the designated date nor for thirty days thereafter. Mr. Inks also introduced Resolution No. 3073 related to Resolution No. 3070. Resolution No. 3073 recognizes the acts the Commission has already taken to go through the disposition process and puts the Commission in a position to negotiate a transaction for the lease or sale of that property. Mr. Varner asked whether the disposition process stands indefinitely, or needs to be renewed annually. Mr. Inks responded that it 5 South Bend Redevelopment Commission Regular Meeting—August 30, 2012 6. NEW BUSINESS (CONT.) B. Airport Economic Development Area (3) continued... is effective indefinitely. However, if the property is available for several years, staff might seek new real estate appraisals on it at the time anyone expresses interest. He said real estate prices have not changed since last year when the appraisals were done. Mr. Varner asked if there were then any statutory requirements. Mr. Inks answered no. Mr. Meteiver noted that the only constraint is that we wait for the 30 days following the opening of the bids before accepting any offers that do not meet the minimum bid requirements. Mr. Downes asked if there was a current interest. Mr. Inks responded yes that staff is in the final stages of drafting a letter of intent for the lease with an option to purchase the property. Upon a motion by Mr. Downes, seconded by COMMISSION APPROVED RESOLUTION No.3070 Mr. Varner and unanimously carried, the ACCEPTING THE TRANSFER OF REAL PROPERTY Commission approved Resolution No. 3070 FROM THE CITY OF SOUTH BEND accepting the transfer of real property from the City of South Bend. Upon a motion by Mr. Downes, seconded by COMMISSION APPROVED RESOLUTION No.3073, Mr. Varner and unanimously carried, the AN ESTOPPEL RESOLUTION OF THE SOUTH BEND Commission approved Resolution No. 3073, REDEVELOPMENT COMMISSION(BOSCH) an Estoppel resolution of the South Bend Redevelopment Commission (Bosch). (4) Resolution No. 3071 authorizing the Director of Redevelopment to approve and execute documents on behalf of the City of 6 South Bend Redevelopment Commission Regular Meeting—August 30, 2012 6. NEW BUSINESS (CONT.) B. Airport Economic Development Area (4) continued... South Bend, Indiana, Department of Redevelopment related to the exercise of purchase options in the Blackthorn Corporate Office Park area. Mr. Inks noted that as the Commission is aware, there is an option agreement with Grubb & Ellis Cressy and Everett for the sale of the remaining property in the Blackthorn Corporate Office Park. That document provides that they have the ability to purchase from the Commission any of the properties out there at the prices listed in that document for purposes that are consistent with the corporate office park. Staff is getting close to a transaction for a small two acre site that has just been subdivided for a pending sale. That disposition raised the issue of whether we need to bring all closing documents back to the Commission for approval. Staff believes the best way to handle those situations is to authorize staff to execute those documents since there are no provisions for discretion in the sale as long as the price is met. If there were a change in the price, that would have to come back to the Commission. If there were a change in the use that was not authorized in the agreement, that also would have to be approved by the Commission. Mr. Varner asked whether a pending sale would then come to the Commission for approval. Mr. Inks responded it would not, unless the price or use was other than what is laid out in the Option Agreement. Any 7 South Bend Redevelopment Commission Regular Meeting—August 30, 2012 6. NEW BUSINESS (CONT.) B. Airport Economic Development Area (4) continued... closing documents the staff signs would be brought to the Commission for ratification, similar to the way we do contracts and temporary use agreements now. Upon a motion by Mr. Downes, seconded by COMMISSION APPROVED RESOLUTION No.3071 Mr. Alford and unanimously carried, the AUTHORIZING THE DIRECTOR OF Commission approved Resolution No. 3071 REDEVELOPMENT TO APPROVE AND EXECUTE DOCUMENTS ON BEHALF OF THE CITY OF SOUTH authorizing the Director of Redevelopment to BEND,INDIANA,DEPARTMENT OF approve and execute documents on behalf of REDEVELOPMENT RELATED TO THE EXERCISE OF the City of South Bend, Indiana, Department PURCHASE OPTIONS IN THE BLACKTHORN of Redevelopment related to the exercise of CORPORATE OFFICE PARK AREA WITH GRUBB& purchase options in the Blackthorn Corporate ELLIS CRESSY&EVERETT Office Park area with Grubb & Ellis Cressy & Everett. C. West Washington-Chapin Development Area There was no business in the West Washington- THERE WAS NO BUSINESS IN THE WEST Chapin Development Area. WASHINGTON-CHAPIN DEVELOPMENT UREA. D. South Side Development Area There was no business in the South Side THERE WAS NO BUSINESS IN THE SOUTH SIDE Development Area. DEVELOPMENT AREA. E. Northeast Neighborhood Development Area (1) Proposal for Utility Study for the intersection of SR 23, Eddy Street and Corby (Five-Points). Mr. Kain noted that the Indiana Department of Transportation (INDOT)recently initiated the realignment project for SR23 in the Northeast Neighborhood of South Bend. 8 South Bend Redevelopment Commission Regular Meeting—August 30, 2012 6. NEW BUSINESS (CONT.) E. Northeast Neighborhood Development Area (1) continued... Once complete, the realigned intersection will contain a traditional 4-way stop light which is expected to enhance vehicular flow throughout the area. An amendment to the Northeast Neighborhood Development Area Plan was completed in October 25, 2011. This Plan provides a vision for the redevelopment of the entire neighborhood and identifies the realigned 5 Points intersection as an area with high potential for commercial development. In order to facilitate a private sector development project near the new intersection, a utility study of adjacent parcels is required. This study will help confirm which utilities are currently in place and those that might need to be relocated to maximize the development potential for the area. Christopher B. Burke Engineering has submitted a proposal for this utility study. Staff requests approval of the proposal in an amount not to exceed $19,910. This amount includes a 10% contingency over the proposal amount. Mr. Varner asked who made the determination that this land was going to be offered for development, and what kind of development. Mr. Kain responded that the Northeast Neighborhood Revitalization Organization (NNRO) envisioned it for commercial development: offices or retail. The NNRO sees this as an extension of the 9 South Bend Redevelopment Commission Regular Meeting—August 30, 2012 6. NEW BUSINESS (CONT.) E. Northeast Neighborhood Development Area (1) continued... work that's happening on Eddy Street by Eddy Street Commons. The master plan is a vision of what might happen, but in order to make that reality, staff needs to look at what utilities might need to be relocated. Mr. Varner asked whether the utility relocation would be based on the new street alignment. Mr. Kain replied that there will be some relocation done as part of the SR23 project, but that will only focus on the utilities in or near the street, not those within the parcels. Mr. Inks asked Mr. Kain to make comments on the electrical utilities that staff is already looking at to reroute through the area. Mr. Kain responded that the initial proposal from AEP was to take their high tension electric poles through the intersection along the south side of the streets. Given the vision for commercial development here, there is a desire by local developers and NNRO to relocate the electric poles. Engineering staff has been coordinating this project, which includes moving the poles south from Duey Street down existing alleys to Corby and then west. Mr. Varner asked if the electric is being done as part of the road realignment. Mr. Kain answered that the electric will be done as part of the realignment. AEP will cover most of the cost, but there is a small gap that Public Works will be covering. There is no cost to the Redevelopment Commission. There is a 10 South Bend Redevelopment Commission Regular Meeting—August 30, 2012 6. NEW BUSINESS (CONT.) E. Northeast Neighborhood Development Area (1) continued... desire to demolish some of the homes that lie along the electric lines, and staff is looking into whether the Commission can help with some of that demolition. Upon a motion by Mr. Varner, seconded by COMMISSION APPROVED PROPOSAL FOR UTILITY Mr. Downes and unanimously carried, the STUDY(PRIMARILY WATER AND SEWER)WITH Commission approved the proposal for a CHRISTOPHER BURKE ENGINEERING FOR THE INTERSECTION OF SR 23,EDDY STREET AND utility study (primarily water and sewer) with CORBY(FIVE-POINTS). Christopher Burke Engineering for the intersection of SR 23, Eddy Street and Corby (Five-Points). F. Douglas Road Economic Development Area There was no business in the Douglas Road THERE WAS NO BUSINESS IN THE DOUGLAS Economic Development Area. ROAD ECONOMIC DEVELOPMENT AREA. G. Ratification of Services Contracts 7. PROGRESS REPORTS Ms. Jones reported on the special meeting held on August 28, 2012, for residents who wished to be heard regarding the Fellows Street project. Folks listened, they were happy to ask questions, they wanted to know the options available, how they were determined and what impact they would have on the neighborhood. They were concerned about the timeline. Some were very concerned because some of them had made plans to move on. Many were happy to leave their homes and there was also a concern for those left behind. Mr. Varner noted that the Commission asked staff 11 South Bend Redevelopment Commission Regular Meeting—August 30, 2012 7. PROGRESS REPORTS to look at options other than realigning Fellows. There were three other alternatives presented, A, B, and C, plus some variations on B. Mr. Varner thought Alternative C seemed to be doable and affordable. Lower concerns were sewers, curbs and sidewalks. His personal objection was the number of homes to be acquired, which he found excessive and extraordinary if there was another alternative. In his opinion alternative C is a very logical step. Ms. Jones noted that the Commission still has to investigate Alternative C which would make a dramatic difference in the neighborhood with cul-de-sacs that cut Fellows off from Ireland. The issues are safety, emergency vehicle access, etc. There is still homework to be done. Phil St. Clair expressed his concerns over impact on O'Brien Park. Mr. Downes said the main thing he heard was the desire to make the decision and move on. Mr. Ford thanked the Commission for being there. He thought it was an informative meeting and that staff received a lot of good feedback. He also noted the expedience concerning this project. He said the city's main issues are public safety and cost. 8. NEXT COMMISSION MEETING The next meeting of the Redevelopment Commission is NEXT COMMISSION MEETING scheduled for Thursday, September 13, 2012 at 9:30 a.m. 12 South Bend Redevelopment Commission Regular Meeting—August 30, 2012 9. ADJOURNMENT There being no further business to come before the ADJOURNMENT Redevelopment Commission, the meeting was adjourned at 7:45 p.m. AW oa, IW t: _ - L 13