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
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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
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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.
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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.
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